Monthly News Updates: International Criminal Court News Updates – February 2022
By: Claire Kaula, Junior Research Associate, PILPG-NL
ICC Prosecutor Karim A.A. Khan released a statement clarifying the ICC’s jurisdiction in the context of the Ukraine-Russia Conflict. The ICC also held several important hearings including the trial opening in the Gicheru case and the Defense’s appeal in the Ongwen case, which featured interventions from PILPG’s Michael Scharf, Milena Sterio, and Jonathan Worboys.
INTERNATIONAL CRIMINAL COURT
ICC Prosecutor issues a statement on the Situation in Ukraine
On February 25, ICC Prosecutor Karim A.A. Khan released a statement clarifying the ICC’s jurisdiction regarding the conflict occurring between Ukraine and Russia. Prosecutor Khan highlighted the September 2015 declaration from Ukraine to the ICC. In the 2015 declaration, Ukraine accepts the ICC’s jurisdiction for any crimes against humanity, genocide, and war crimes occurring on its territory beginning on February 20, 2014. On February 28, Prosecutor Khan announced his Office is proceeding to gain authorization from the Pre-Trial Chamber to open an investigation into the Situation in Ukraine as quickly as possible. [February 28, 2022]
ICC Prosecutor issues a statement for International Day against the Use of Child Soldiers
ICC Prosecutor Karim A. A. Khan commemorated the International Day against the Use of Child Soldiers, by expressing his concern of the continued recruitment and use of children in hostilities. He notes that child recruitment and use was at a record high in 2020, with 8,521 recorded incidents. Prosecutor Khan emphasized that the Office of the Prosecutor is pursuing important steps to ensure accountability, but calls for continued action to protect children in situations of conflict. [February 14, 2022]
ICC Prosecutor attends 2022 African Union Assembly
On February 5-6, 2022, ICC Prosecutor Karim A.A. Khan attended the 35th Heads of State Summit of the African Union, which took place in Addis Ababa, Ethiopia. Prosecutor Khan met with several leaders including Faustin-Archange Touadéra, President of the Central African Republic, and Félix Tshisekedi, President of the Democratic Republic of the Congo. [February 6, 2022]
ASIA
Bangladesh | ICC Prosecutor visits Bangladesh to address the Situation in Bangladesh/Myanmar
ICC Prosecutor Karim A. A. Khan visited Bangladesh to address the Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar. During the visit, the Prosecutor met with national authorities including Prime Minister Sheikh Hasina and Foreign Secretary Masud Bin Momen. The investigation into the Bangladesh/Myanmar Situation was requested by the Office of the Prosecutor in July 2019 and authorized by the Pre-Trial Chamber III in November 2019. [February 14, 2022]
THE AMERICAS
Columbia | President of Colombia visits the International Criminal Court
On February 17, 2022, the President of the Republic of Colombia, Iván Duque Márquez, visited the ICC and reaffirmed Colombia’s commitment to the ICC and expressed his admiration for the ICC’s work. This follows ICC Prosecutor Karim A. A. Khan’s visit to Colombia in October 2021, when the Office of the Prosecutor and the Government of Colombia signed a cooperation agreement. [February 17, 2022]
Bolivia | Situation in Bolivia does not meet criteria for opening investigation
The Government of Bolivia referred the Situation in Bolivia to the Office of the Prosecutor in August 2020. The referral alleges crimes against humanity occurred as a result of road blockades in August 2020 that restricted vital medical access leading to the death of over 40 people. The Office conducted a preliminary examination and concluded that there is no reasonable basis that crimes within the ICC’s jurisdiction occurred. Therefore, the Office of the Prosecutor considers that the Situation in Bolivia does not meet the criteria for opening an investigation. [February 14, 2022]
AFRICA
Central African Republic | Trial Chamber schedules opening date for Said case
The ICC Trial Chamber IV scheduled the trial of the case The Prosecutor v. Mahamat Said Abdel Kani to begin on September 26, 2022. On December 9, 2021, Pre-Trial Chamber II confirmed charges against Mr. Mahamat Said Abdel Kani of war crimes and crimes against humanity committed in the Central African Republic in 2013. [February 21, 2022]
Kenya | Gicheru case trial opens
On February 15, 2022, the trial for the case The Prosecutor v. Paul Gicheru opened before the ICC Trial Chamber III. Mr. Gicheru is facing charges as a co-perpetrator for offenses against the administration of justice between April 2013 and September 2015. Mr. Gicheru pled not-guilty to all charges. ICC Deputy Prosecutor, James Stewart, is appearing before the Court, as Prosecutor Karim A. A. Khan recused himself from the case. [February 15, 2022]
Uganda | Hearing held for the Defense’s Appeal in the Ongwen case
Between February 14 and 18, the ICC Appeals Chamber held hearings for the case The Prosecutor v. Dominic Ongwen. In February 2021, Mr. Ongwen was found guilty of 61 crimes against humanity and war crimes committed between 2002 and 2005 in Northern Uganda. The Defense is now raising 101 grounds for appeal which include legal, factual, and procedural errors relating to the conviction and the sentence. This is the largest appeal in ICC history and raises many new issues for the Chamber to consider. These initial hearings are for the Chamber to hear the parties and legal representatives address the Defense’s grounds for appeal. Several amici curiae submitted observations and participated in the hearing. This included PILPG co-founder Michael Scharf, who delivered remarks on PILPG’s amicus curiae observations to the Chamber. Milena Sterio and Jonathan Worboys represented PILPG at the Chamber’s question and answer session. [February 15, 2022]
Côte d’Ivoire | ICC Chamber rejects Mr. Blé Goudé’s request for compensation
In 2019, the ICC Trial Chamber I acquitted Mr. Blé Goudé of charges of crimes against humanity occurring between December 2010 and April 2011 in Côte d’Ivoire. Mr. Blé Goudé requested compensation under Article 85(3) of the Rome Statute. Article 85(3) outlines that the ICC may award compensation where “there has been a grave and manifest miscarriage of justice.” The Article 85 Chamber reviewed the instances where Mr. Blé Goudé alleges wrongful prosecution, and did not find “grave and manifest miscarriage of justice.” Therefore, the Chamber rejected Mr. Blé Goudé’s request for compensation. [February 10, 2022]
Mali | Legal Representatives of Victims makes opening statements in the Al Hassan case
On February 8, 2022, the Legal Representatives of Victims (LRV) made opening statements in the case The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud. The LRV described how the 1,946 victims participating in the proceedings faced violations of their fundamental rights including sexual violence, arbitrary arrests and judgements, and some women continue to face socio-economic and financial harm. Mr. Al Hassanis facing charges of crimes against humanity against the civilian population from April 1, 2013 to January 28, 2013. [February 8, 2022]
