Origins:
The International Criminal Court (ICC) was established through the Rome Statute on July 17th, 1998. The statute, which now includes 106 state signatories, came into effect on July 1st 2002. In addition to this statute, the most important texts of the ICC are the Regulations of the Court, Rules of Procedure and Evidence and Elements of Crimes.
Jurisdiction:
In addition to outlying the procedural rules and functions of the ICC, these legal documents also outline the jurisdiction of the court. As it stands, the ICC can only rule in cases of genocide, crimes against humanity and war crimes. The Court has jurisdiction to rule over individuals accused of these crimes, not states. These individuals may be accused of being directly responsible for the crimes, and the ICC can also rule in cases where the individual was indirectly liable, such as in cases of aiding, abetting or otherwise assisting in the perpetration of the crime. The Rome Statute also outlines the responsibility of state superiors such as military commanders, and they can be held indirectly culpable for crimes by the Court.
There are 3 main criteria which dictate the jurisdiction of the Court. Where:
1. The accused is a national of a State Party or a State otherwise accepting the jurisdiction of the Court;
2. The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court; or
3. The United Nations Security Council has referred the situation to the Prosecutor, irrespective of the nationality of the accused or the location of the crime.
Finally, the Court cannot rule on events that took place previous to the inaction of the Rome Statute on July 1st 2002.
The Principle of “Complementarity”
This legal principle rules that in certain cases, the Court will not rule, even where it has jurisdiction. This applies where it has been, or is being, investigated or prosecuted by a State with jurisdiction or where the case does not have sufficient gravity.
The Functioning of the Trial Chamber
Following the investigation of the Prosecutor and the Pre-Trial Chamber’s ruling, the case is assigned to a Trial Chamber of three judges. They are responsible for conducting a fair trial with respect for the full rights of the accused who is presumed innocent until proven guilty beyond a reasonable doubt. Defence can be conducted in person by the accused or through their chosen counsel. Victims may also participate directly or through legal representatives.
Relationship with the United Nations
It is important to note that although the ICC came about through a United Nations initiative and still maintains a cooperative relationship with the UN, it is an independent body.
States Parties
States who have formally and publicly consented to the Rome Statute are known as States Parties. They are obliged to participate and cooperate fully with the Court in its investigations and prosecutions. Non-State parties are also free to cooperate.
** All information from ICC official website.
Introduction to the Democratic Republic of the Congo Conflict
Summary of Conflict – The Second Congo War
The Democratic Republic of the Congo (DRC) has been plagued by war for years, but most notably since 1996 with the First Congo War. The invasion of the DRC (then Zaire) by the Alliance of Democratic Forces for the Liberation of Congo-Zaire (AFDL) resulted in the President, Mobuto Sese Seko being forced out of office and being replaced with the Ugandan and Rwandan backed Laurent-Desire Kabila. This event turned out to be the catalyst for the Second Congo War, Africa’s longest war and the deadliest conflict since World War 2.
After both Rwandan and Ugandan forces were expelled from the country, tensions between Kabila and the nation’s that put him into power began to deteriorate. Rwanda and Uganda openly supported and helped the eastern Congo Banyamulenge mutineers who then became the Rally for Congolese Democracy (RCD). The RCD who based their operations out of the city of Goma quickly took control of the resource rich eastern provinces. Tutsi-led Rwandan government allied with Uganda, and Burundi also retaliated, occupying a portion of northeastern Congo. The Rwandan government also claimed a substantial part of the eastern Congo as ‘historically Rwandan territory’. Uganada, while retaining support for the RCD and Rwanda, then created the Movement for the Liberation of Congo (MLC).
The Rebels quickly began to overwhelm government forces despite diplomatic efforts from other African nations and began to move west, taking control of multiple cities. Kabila’s diplomatic efforts finally began to show results however when several nations of the Southern African Development Community and other African nations began to support his government. In the end, Namibia, Zimbabwe, Angola, Chad, Sudan and Libya rallied to Kabila’s side.
A multi-side war began with forces being flown in to fight off the rebel advance. This influx of troops pushed the fighting away from the capital but was unable to defeat the DRC, and despite peace talks in late 1998, the fighting continued.
In 1999, tensions within the DRC erupted when the leader, Ernest Wamba dia Wamba from Goma to the Ugandan-controlled city of Kisangani to lead the breakaway group ‘Forces for Renewal’. The Kabilian and Ugandan governments also signed a ceasefire under the mediation of the Libyan president Muammar al-Gaddafi. Both the DRC and Rwanda refused to take part. Later in May, Wamba was ousted as leader of the DRC for a more pro-Rwandan figure. This event, plus the formation of the new Ugandan province of Ituri led to the Ituri Conflict, also called the ‘war within the war’ where the rebel fractions fought each other for control of this resource rich area.
By July 1999, the Lusaka Ceasefire Agreement was signed by the Democratic Republic of Congo, Angola, Namibia, Zimbabwe, Rwanda, MLC and Uganda. Although the agreement allowed for tracking, disarming and documenting all armed groups in the Congo, few provisions were made to actually disarm the militias.
The tension between Uganda and Rwanda reached a breaking point in early August as units of the Uganda People’s Defense Force and the Rwandan Patriotic Army clashed in Kisangani. Rwandan forces launched a large offensive and approached Kinshasa before being repelled.
By February 2000, the UN authorized a force of 5 537 troops, the United Nations Organization Mission in the Democratic Republic of the Congo to monitor the cease-fire. However, fighting continued between rebels and government forces, and between Rwandan and Ugandan forces. Numerous clashes and offensives occurred throughout the country, most notably heavy fighting between Uganda and Rwanda in Kisangani in May and June 2000. Despite the failure of military operations, diplomatic efforts made through the United Nations, African Union and Southern African Development Community failed to make any headway.
In the beginning of 2001, Kabila was assassinated and his son Joseph Kabila replaced him as President. Kabila then met with Rwandan president Paul Kagame in the United States where the rebels, Uganada and Rwanda agreed to the UN pullout plan.
Despite numerous efforts for peace, violence continued at the beginning of 2002. The new government under Joseph Kabila became increasingly secure when international aid resumed and the inflation was controlled. Former RCD members either stopped fighting or joined the government and the Banyamulenge, increasingly Rwandan control and the unending conflict.
In July 2002, Rwanda and the Democratic Republic of Congo signed a peace deal known as the Pretoria Accord which centered on two issues. One was the withdrawal of the estimated 20,000 Rwandan soldiers in the Congo. The other was the rounding up of the ex-Rwandan soldiers and the dismantling of the Hutu militia known as Interahamwe. Rwanda had previously refused to withdraw until the Hutu militias were dealt with.
In September the Luanda Agreement formalized peace between Congo and Uganda. The treaty aimed to get Uganda to withdraw their troops from Bunia and to improve the relationship between the two countries. Eleven days later the first Rwandan soldiers were withdrawn from the eastern DRC. On 5 October Rwanda announced the completion of its withdrawal; which was confirmed by the United Nations.
In December of 2002, the Global and All-Inclusive Agreement was signed which marked the end of the Second Congo War.
2002 Onwards
Thomas Lubanga Dylio
During the Second Congo War, Lubanga was a military commander and "minister of defence" in the pro-Uganda Congolese Rally for Democracy-Liberation Movement (RCD-ML). In July 2001, he founded another rebel group, the Union of Congolese Patriots (UPC). In early 2002, Lubanga was sidelined from the military control of the RCD-ML and he split from the group. In September 2002, he became President of the UPC and founded its military wing, the Patriotic Force for the Liberation of the Congo (FPLC). In late 2003, the UPC split into two factions: one led by Kisembo Bahemuka and known as the UPC-K, and the other under Thomas Lubanga and known as the UPC-L. The UPC-L was militarily stronger.
Under Lubanga's leadership, the largely Hema UPC became one of the main actors in the Ituri conflict between the Hema and Lendu ethnic groups. It seized control of Bunia, capital of the gold-rich Ituri region, in 2002, and demanded that the Congolese government recognise Ituri as an autonomous province. Lubanga was arrested on 13 June 2002 while on a mission to Kinshasa but he was released ten weeks later in exchange for a kidnapped government minister.
Human Rights Watch have accused the UPC, under Lubanga's command, of "ethnic massacres, murder, torture, rape and mutilation, as well as the recruitment of child soldiers". Between November 2002 and June 2003, the UPC allegedly killed 800 civilians on the basis of their ethnicity in the gold mining region of Mongbwalu. Between 18 February and 3 March 2003, the UPC are reported to have destroyed 26 villages in one area, killing at least 350 people and forcing 60 000 to flee their homes. Human rights organisations claim that at one point, Lubanga had 3 000 child soldiers between the ages of 8 and 15. He reportedly ordered every family in the area under his control to help the war effort by donating something: money, a cow, or a child to join his militia.
The UPC was forced out of Bunia by the Ugandan army in March 2003. Lubanga later moved to Kinshasa and registered the UPC as a political party, but he was arrested on 19 March 2005 in connection with the killing of nine Bangladeshi United Nations peacekeepers in Ituri on 25 February 2005. He was initially detained in one of Kinshasa's most luxurious hotels but after a few months he was transferred to Kinshasa's central jail.
Germain Katanga
In early 2003, Germain emerged as the senior commander of the FRPI, a militia group which was involved in the conflict in Ituri. On 24 February 2003, Katanga allegedly led an attack on the village of Bogoro in which rebels under his command went on an "indiscriminate killing spree", killing at least 200 civilians, imprisoning survivors in a room filled with corpses, and sexually enslaving women and girls. It has also been alleged that Katanga helped lead other crimes, including the massacre of more than 1,200 civilians in an attack at Nyakunde Hospital in September 2002.
On 11 December 2004, Katanga was one of six former militia leaders appointed as generals in the DRC army as part of a peace process.
He was arrested by the Congolese authorities in early March 2005 in connection with the killing of nine United Nations peacekeepers in Ituri on 25 February 2005. He was held without charge until his transfer to the ICC in October 2007. On 1 November 2005, a United Nations Security Council committee imposed a travel ban and asset freeze on Katanga for violating an arms embargo.
Matthieu Ngudjolo Chui
Between August 2002 and August 2006, Ngudjolo held senior positions in a number of rebel groups involved in the conflict in Ituri, including the National Integrationist Front (FNI), the Patriotic Resistance Force in Ituri (FRPI) and the Congolese Revolutionary Movement (MRC). On 24 February 2003, he allegedly led an attack on the village of Bogoro in which rebels under his command went on an "indiscriminate killing spree", killing at least 200 civilians, imprisoning survivors in a room filled with corpses, and sexually enslaving women and girls. Ngudjolo allegedly ordered his fighters to "wipe out" the village.
On 23 October 2003, he was apprehended by the United Nations and surrendered to the Congolese authorities, who charged him in connection with the killing of another rebel. He was subsequently acquitted and released. On 1 November 2005, a United Nations Security Council committee imposed a travel ban and asset freeze on him for violating an arms embargo.
In August 2006, Ngudjolo signed a peace deal with the Congolese government on behalf of the MRC. In December 2006, he was appointed a colonel in the DRC army.
Bosco Ntaganda
Ntaganda fought with the Rwandan Patriotic Army in the early 1990s and participated in the overthrow of the genocidal Rwandan regime in 1994.
He subsequently joined the Forces Patriotiques pour la libération du Congo (FPLC), the military wing of the Union of Congolese Patriots (UPC), and became its chief of military operations. During this time, he is alleged to have been involved in numerous massacres and other serious human rights abuses.
In January 2005, Ntaganda was appointed a general in the Armed Forces of the Democratic Republic of Congo as part of a peace process, but he refused the offer. On 1 November 2005, a United Nations Security Council committee imposed a travel ban and asset freeze on him for violating an arms embargo.
In 2006, following conflicts within the UPC, he returned to North Kivu, his home province, and joined Laurent Nkunda's National Congress for the Defense of the People (CNDP). As of April 2008, he was believed to be living in the Masisi district of North Kivu, serving as the CNDP's chief of staff.
Timeline of Conflict:
· 1997 May - Tutsi and other anti-Mobutu rebels, aided principally by Rwanda, capture the capital, Kinshasa; Zaire is renamed the Democratic Republic of Congo; Laurent-Desire Kabila installed as president.
· 1998 August - Rebels backed by Rwanda and Uganda rise up against Kabila and advance on Kinshasa. Zimbabwe, Namibia send troops to repel them. Angolan troops also side with Kabila. The rebels take control of much of the east of DR Congo.
· 1999 - Rifts emerge between Congolese Liberation Movement (MLC) rebels supported by Uganda and Rally for Congolese Democracy (RCD) rebels backed by Rwanda.
· Lusaka peace accord signed
· 1999 July - The six African countries involved in the war sign a ceasefire accord in Lusaka. The following month the MLC and RCD rebel groups sign the accord.
· 2000 - UN Security Council authorises a 5,500-strong UN force to monitor the ceasefire but fighting continues between rebels and government forces, and between Rwandan and Ugandan forces.
· 2001 January - President Laurent Kabila is shot dead by a bodyguard. Joseph Kabila succeeds his father.
· 2001 February - Kabila meets Rwandan President Paul Kagame in Washington. Rwanda, Uganda and the rebels agree to a UN pull-out plan. Uganda, Rwanda begin pulling troops back from the frontline.
· 2001 May - US refugee agency says the war has killed 2.5 million people, directly or indirectly, since August 1998. Later, a UN panel says the warring parties are deliberately prolonging the conflict to plunder gold, diamonds, timber and coltan, used in the making of mobile phones.
· 2002 January - Eruption of Mount Nyiragongo devastates much of the city of Goma.
· 2002 April - Peace talks in South Africa: Kinshasa signs a power-sharing deal with Ugandan-backed rebels, under which the MLC leader would be premier. Rwandan-backed RCD rebels reject the deal.
· 2002 July - Presidents of DR Congo and Rwanda sign a peace deal under which Rwanda will withdraw troops from the east and DR Congo will disarm and arrest Rwandan Hutu gunmen blamed for the killing of the Tutsi minority in Rwanda's 1994 genocide.
· 2002 September - Presidents of DR Congo and Uganda sign peace accord under which Ugandan troops will leave DR Congo.
· 2002 September/October - Uganda, Rwanda say they have withdrawn most of their forces from the east. UN-sponsored power-sharing talks begin in South Africa.
· 2002 December - Peace deal signed in South Africa between Kinshasa government and main rebel groups. Under the deal rebels and opposition members are to be given portfolios in an interim government.
**from BBC website
Timeline of ICC Action:
The situation was formally referred by the DRC government on 19 April 2004, requesting that the Prosecutor investigate if crimes under the Court's jurisdiction were committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002. In this letter, the government also committed to cooperate with the ICC in its work.
On 23 June 2004, after thorough analysis of the situation in the DRC, especially in the eastern region of Ituri, the Prosecutor announced his decision to open the first investigation of the ICC.
DYILO CASE
On 17 March 2006, a first arrest warrant was publicly announced and unsealed concerning the situation in DRC for the leader of a political and military movement, the Union of Congolese Patriots (UPC), Thomas Lubanga Dyilo. Lubanga was arrested and transferred to The Hague. On 20 March 2006, Thomas Lubanga Dyilo first appeared in Court before ICC Pre-Trial Chamber I. A three-week confirmation of Charges hearing in the Lubanga case was held in November 2006. On 29 January 2007, ICC Pre-Trial Chamber I confirmed the charges against Thomas Lubanga Dyilo, sending the case against him to trial. The Chamber found sufficient evidence to establish substantial grounds to believe that Lubanga is criminally responsible as a co-perpetrator for all three charges made against him for the period beginning September 2002, when the Force Patriotiques pour la Liberation du Congo (FPLC) was founded, and ending 13 August 2003. The Prosecutor of the ICC has charged Lubanga with three war crimes: 1) enlisting children under the age of fifteen; 2) conscripting children under the age of fifteen; and 3) using children under the age of fifteen to participate actively in hostilities.
From September 2007 to January 2008, ICC Trial Chamber I (composed of by Presiding Judge Adrian Fulford, Judge Elizabeth Odio Benito, Judge René Blattmann) held hearings in the Lubanga case in order to facilitate the preparation of the trial. On 13 March 2008, Trial Chamber I decided that the trial in the case of Thomas Lubanga Dyilo would begin on 23 June 2008.
On 16 June 2008, the Court announced a stay of the proceedings in the Lubanga case because the Prosecution was unable to make available potentially exculpatory materials. On 2 July 2008, Trial Chamber I issued an order granting unconditional release to Thomas Lubanga Dyilo. The Prosecution appealed the order and such appeal was given suspensive effect meaning that the accused shall not leave detention until the Appeals Chamber has resolved the issue.
On 21 October 2008, the Appeals Chamber of the International Criminal Court (ICC) ordered the Trial Chamber to reconsider its decision to release Thomas Lubanga Dyilo taking into account all relevant factors. The Appeals Chamber did agree with the Trial Chamber’s June decision to stay the trial because of the inability, at that time, of the prosecutor to disclose certain information due to confidentiality agreements with the UN and other information providers. The Appeals Chamber confirmed that it is up to the Trial Chamber to resume the trial whenever it considers that a fair trial is possible
On 18 November 2008, Trial Chamber I of the International Criminal Court announced its decision to lift the stay of the proceedings in the Lubanga case as the reasons for imposing the stay "have fallen away". The Judges announced the trial would start on 26 January 2009. Trial Chamber I also decided not to grant the release nor provisional release of Mr Thomas Lubanga Dyilo.
On 26 January 2009, the trial in the case against Thomas Lubanga Dyilo opened in The Hague. The leader of the Union of Congolese Patriots (UPC) is accused of enlisting and conscripting child soldiers to participate actively in hostilities. The Prosecution, the Defence, the Registry and 8 Legal Representatives of Victims representing 93 victims are participating in trial hearings.
KATANGA – NGUDJOLO CHUI CASE
On 18 October 2007, a warrant of arrest listing nine counts of war crimes and four counts of crimes against humanity in the Ituri district of eastern DRC was unsealed for Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri (FRPI). Alleged acts include murder or wilful killing, Inhumane Acts, Sexual Slavery, rape, cruel or inhuman treatment, using children to participate actively in hostilities, outrages upon personal dignity, intentional attack against the civilian population, pillaging and destruction of property. The warrant of arrest had been issued on 2 July but made public on 18 October 2008. Katanga was surrendered by the DRC authorities and transferred to the ICC on 17 October 2007. The Initial appearance of Germain Katanga took place on 22 October 2007 at the ICC premises in The Hague.
On 7 February 2008, a warrant of arrest listing similar war crimes and crimes against humanity was unsealed for Mathieu Ngudjolo Chui, a Congolese national and alleged former leader of the National integrationist Front (FNI) and a Colonel in the National Army of the government of the Democratic Republic of the Congo [Forces armées de la RDC/ Armed Forces of the DRC] (FARDC). The warrant had been issued on 6 July 2007 but made public on 7 February 2008. Ngudjolo Chui was surrendered by the DRC authorities and transferred to The Hague on 7 February 2008. Mathieu Ngudjolo Chui appeared for the first time before ICC Pre-Trial Chamber I on 11 February 2008.
On 10 March 2008 Pre-Trial Chamber I decided to join the Katanga and the Ngudjolo Chui cases as the two defendants were prosecuted for the same crimes
Initially scheduled on 28 February 2008 and then on 21 May 2008, the hearing was postponed twice by the Chamber to afford more preparation time to the parties involved. From 27 June to 16 July 2008, ICC Pre-Trial Chamber I held a confirmation of charges hearing in the case against Germain Katanga and Matthieu Ngudjolo Chui. Germain Katanga was represented by David Hooper and Matthieu Ngudjolo Chui by Jean Pierre Kilenda Kakengi Basila. Fifty-seven victims participated in the hearing through their legal representatives, Carine Bapita Buyagandu, Joseph Keta, Jean Louis Gilissen, Franck Mulenda and Hervé Diakiese.
On 26 September 2008, ICC Pre-Trial Chamber I sent the case against Germain Katanga and Matthieu Ngudjolo Chui to trial, by confirming all but three of the alleged charges. Pre-trial judges confirmed seven counts of war crimes and three counts of crimes against humanity. They found insufficient evidence to try Katanga and Ngudjolo for inhuman treatment, outrages upon personal dignity and inhumane acts. In a decision issued on March 27, 2009 the Trial Chamber II set the commencement of the trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui for Thursday, 24 September 2009. In the decision, the Chamber emphasised that, given that all the participants had agreed to the date, no postponements would be authorised except where compelling reasons could be offered. On 31st August 2009, ICC Trial Chamber II decided to postpone the commencement of the trial
NTAGANDA CASE
On 29 April 2008, Pre-Trial Chamber I unsealed a warrant of arrest against Mr. Bosco Ntaganda, alleged former Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo (FPLC), and alleged current Chief of Staff of the Congrès national pour la défense du people (CNDP) armed group, active in North Kivu in the DRC. The warrant of arrest lists three war crimes: 1) the enlistment of children under the age of fifteen; 2) the conscription of children under the age of fifteen; and 3) using children under the age of fifteen to participate actively in hostilities. This is the fourth arrest warrant unsealed within the context of the DRC situation.
***from the Coalition for the International Criminal Court website
The QMUN ICC Court
Although this simulation is designed to as closely approximate reality as possible, some variances will be necessary to ensure fuller delegate participation within the regulatory and time-constraints of Queen’s Model UN. These variances are listed below:
1. REALITY: The ICC Trial Chamber consists of three ruling judges.
SIM-ICC: The court will have only two judges who will require unanimity to make a ruling.
2. REALITY: The Office of the Prosecutor is held by an individual, Mr. Luis Moreno-Ocampo, who has singular control of all management of his office.
SIM-ICC: The Prosecution is a team consisting of 10 individual lawyers who each have equal authority inside and outside of the court unless they decide otherwise.
3. REALITY: Each of the accused is tried separately, defended by their own defence counsel.
SIM-ICC: All of the accused are tried together, with each defence lawyer that makes up the defence team free to focus their efforts on an individual defendant or work with the team to defend all of the accused.
4. REALITY: The regulatory procedures of the Trial Chamber are outlined in the Rome Statute.
SIM-ICC: The procedures are dictated by QMUN regulations, including speakers’ lists, voting procedures, caucuses, etc.
ICC Rules and Procedures
Given that the ICC is a very different committee from most in QMUN, there are several rules that will function differently. Please consult your QMUN Rules and Procedures Guide for the following amendments:
- III.10.ii – Given that there is only one topic before the ICC, there will be no Secondary Speakers’ List.
- III.11.i – There will be no establishment of Agenda. Instead, the Chairs shall open a primary speakers’ list and entertain a motion to hear Opening Remarks, with the usual voting procedure followed. If the motion passes, Opening Remarks will be read. Following the reading of Opening Remarks, the Primary Speakers’ List will continue until another motion is presented.
- IV.12 – A member may also rise on an Objection during Witness Testimonies.
- VI.24 – There is no Adjournment of Debate.
- VI.25 – There is no Closure of Debate until a verdict is reached.
- IX.41.i.a – Objections may also interrupt a speaker.
- IX.41.ii. – Motion to introduce a witness is also not debatable.
Opening Remarks:
Each member of the ICC court will be responsible for opening remarks of no more than five minutes. In it, delegates will present their case, indicate sources of evidence and declare their position on the charges. Remarks of over five minutes will be called to order by the chairs.
Witnesses:
A list of witnesses and their preliminary testimony will be presented to delegates upon their arrival at the ICC. As the ICC is sensitive to the needs of victims and witnesses, they will only be called before the Court when they are prepared to do so. Having received notice that a witness is prepared to appear, the chairs will entertain a motion to introduce a witness. If this motion passes, the committee will enter a caucus of five minutes. The witness shall then be prepared by the councilors that he/she represents (either the prosecution or defense). Delegates will do this by becoming familiar with his/her testimony and advising him/her within the boundaries of court procedure. Following the caucus, the witness will be allowed to give his/her testimony. Relevant objections are in order regarding the testimony allowed on record.
After the witness testimony the Dias will entertain a motion for a moderated caucus for the purpose of questioning the witness. If this passes, the councilors who called the witness will have the opportunity to question the witness. When the questions have been exhausted, the cross-examination will occur. Following the cross-examination, if caucus time allows, there will be the possibility for a redirect from the councilors who called the witness. This is the chance to clarify the testimony a final time in light of information gleaned from the cross-examination. The Dias will then entertain a motion to discuss witness testimony and the witness will depart the Court.
List of Permissible Objections During Witness Testimony/Questioning
Ambiguous, confusing, misleading, vague, unintelligible: the question is not clear and precise enough for the witness to properly answer.
Answer Exceeds Scope of the Question and Constitutes a Volunteered Statement
Argumentative: the question makes an argument rather than asking a question.
Asked and answered: the question has been asked and answered before.
Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown.
Badgering: counsel is antagonizing the witness in order to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness.
Calls for speculation: the question asks the witness to guess the answer or supply an opinion rather than to rely on known facts.
Character: Evidence about the character of a witness (other than truthfulness) may not be introduced unless it is relevant to the case.
Compound question: multiple questions asked together.
Hearsay: the witness does not know the answer personally but heard it from another.
Incompetent: the witness is not qualified to answer the question.
Inflammatory: the question is intended to cause prejudice.
Leading the witness: the question suggests the answer to the witness. Leading questions are permitted on cross-examination.
Misleading the Witness: an examiner cannot make assumptions contrary to evidence, or entrap the witness with misstatements.
Narrative: the question asks the witness to relate a story rather than state specific facts.
Non-Responsive: witness’ answer is objectionable if it fails to answer the question asked.
Privilege: the witness may be protected by law from answering the question.
Relevance to the Case: questions/evidence that is deemed irrelevant to the case may be deemed objectionable.
Research Suggestions
BBC News – www.bbc.co.uk
Centre for Defense Information – www.cdi.org
Global Policy - http://globalpolicy.org/international-justice/the-international-criminal-court/icc-investigations/28595.html
Global Security - http://www.globalsecurity.org/military/world/war/congo.htm
International Criminal Court - www.icc-cpi.int
- http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/situation%20icc%200104/
International Relations and Security Network - http://www.isn.ethz.ch/isn/Current-Affairs/Security-Watch/Detail/?id=52907&lng=en
Time Magazine – http://www.time.com
Washington Post – www.washingtonpost.com
No.: ICC-01/04-02/06
Date: 23 June 2004
Original: English
TRIAL CHAMBER I
Before: Judge Brittany Roe, Presiding Judge
Judge Brandon Rasula, Presiding Judge
Registrar: Rebecca Blackman
SITUATION IN THE DEMOCRATIC REPUBLIC OF CONGO
IN THE CASE OF
THE PROSECUTOR v. THOMAS LUBANGA DYILO
and
GERMAIN KATANGA
and
MATHIEU NGUDJOLO CHUI
and
BOSCO NTAGANDA
UNDER SEAL
WARRANT OF ARREST
1. TRAIL CHAMBER I of the International Criminal Court (“the Chamber” and “the Court” respectively);
2. HAVING EXAMINED the "Prosecutor's Application under article 58(7)" ("Prosecution Application"), filed on 19 April 2004, and the supporting material and other information submitted by the Prosecution;
3. NOTING the "Decision on the Prosecution Application under Article 58(7) of the Statute" whereby the Chamber considered that it is not satisfied that a summons to appear is sufficient to ensure the defendants’ appearance before the Court and that their arrest appears to be necessary under article 58(l)(b) of the Rome Statute ("the Statute");
4. NOTING articles 19 and 58 of the Statute;
5. NOTING the findings of the Pre-Trail Chamber that that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court under article 15(4);
6. CONSIDERING that, on the basis of the evidence and information provided by the Prosecution and without prejudice to any challenge to the admissibility of the case under article 19 (2) (a) and (b) of the Statute and without prejudice to any subsequent determination, this case falls within the jurisdiction of the Court and is admissible;
7. CONSIDERING the general allegations presented in the Prosecutor’s application that the UPC is an armed group carrying out an insurgency against the citizens of the Democratic Republic of Congo as well as various peacekeepers since at least 2002; that over this time, including the period from the 1st day of August 2002, the UPC has been engaged in a cycle of violence and established a pattern of “brutalization of civilians” by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly “recruited” as fighters, porters and sex slaves to serve the UPC and to contribute to attacks against the citizens of the Democratic Republic of Congo as well as peacekeepers;
8. CONSIDERING that the existence and acts of the UPC, as well as their impact on the Democratic Republic of Congo’s civilian communities and peacekeepers, have been reported by several independent sources, including the United Nations, foreign government agencies, non-governmental organizations and world media;
9. CONSIDERING the allegations that the UPC was founded and led by THOMAS LUBANGA DYILO, the Commander-in-Chief, and that the UPC is organized in a military-type hierarchy and operates as an army;
10. CONSIDERING the specific allegations that THOMAS LUBANGA DYILO, GERMAIN KATANGA, MATHIEU NGUDJOLO, BOSCO NTAGANDA are the key members of THE UPC-L, the section representing the core military UPC leadership responsible for devising and implementing UPC strategy, including standing orders to attack and brutalize civilian populations;
11. CONSIDERING that there are reasonable grounds to believe that there was a common plan between senior FNI, UPC and FPLC military commanders to carry out an indiscrimate attack on the village of Bogoro on or around 24, February 2004; that criminal acts committed during, and in the aftermath of, the attack, namely i) the murder of about 200 civilians, ii) causing serious bodily harm to civilians, iii) arresting, threatening with weapons and imprisoning civilians in a room filled with corpses, iv) pillaging, v) the sexual enslavement of several women and girls and vi) the active participation of children under the age of fifteen years in hostilities, were part of the common plan or, were, at the very least, a probable and accepted consequence of the implementation of the said common plan;
12. HAVING EXAMINED the Prosecutor’s submission that THOMAS LUBANGA DYILO, GERMAIN KATANGA, MATHIEU NGUDJOLO CHUI, BOSCO NTAGANDA committed, order or induced the commission of several crimes within the jurisdiction of the Court during the period from 1 August 2002 to 2006;
13. BEING SATISFIED, on the basis of the application, the evidence and other information, submitted by the Prosecutor, that there are reasonable grounds to believe that THOMAS LUBANGA DYILO, GERMAIN KATANGA, MATHIEU NGUDJOLO CHUI, BOSCO NTAGANDA committed and ordered or induced the commission of crimes within the jurisdiction of the Court, namely, crimes against humanity and war crimes, particulars of which are set out in the following counts as numbered in the Prosecutor’s application:
Count One
(Enlisting Child Soldiers Constituting War Crimes)
From September 2002 to June 2003, Enlisting children under the age of 15 years into the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) (punishable under article 8(2)(b)(xxvi) of the Rome Statute);
Count Two
(Conscripting Child Soldiers Constituting War Crimes)
From September 2002 to June 2003, Conscripting children under the age of 15 years into the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) (punishable under article 8(2)(b)(xxvi) of the Rome Statute);
Count Three
(Using Child Soldiers Constituting War Crimes)
From September 2002 to June 2003, Using children under the age of 15 years in the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) to participate actively in hostilities in the context of an international armed conflict (punishable under article 8(2)(b)(xxvi) of the Rome Statute);
Count Four
(Using Child Soldiers Constituting War Crimes)
From February 1, 2003 to December 11, 2004, using children under the age of 15 years into the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) to participate actively in hostilities in the context of an armed conflict not of an international armed character, (punishable under article 8(2)(e)(vii) of the Rome Statute);
Count Five
(Willful Killing Constituting War Crimes)
From February 1, 2003 to December 11, 2004, the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) carrying out willful killing and murder in hostilities in the context of an armed conflict not of an international armed character, (punishable under article 8(2)(e)( ix) of the Rome Statute);
Count Six
(Inhumane Acts Constituting War Crimes)
From February 1, 2003 to December 11, 2004, the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) carrying out Inhumane Acts to a civilian population in hostilities in the context of an armed conflict not of an international armed character, particularly the Bogoro massacre on February 24, 2003 (punishable under article 8(2)(e)(i) of the Rome Statute);
Count Seven
(Sexual Slavery Constituting War Crimes)
From February 1, 2003 to December 11, 2004, the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) carrying out Sexual Slavery to a civilian population in hostilities in the context of an armed conflict not of an international armed character, particularly the Bogoro massacre on February 24, 2003 (punishable under article 8(2)(e)(vi) of the Rome Statute);
Count Eight
(Rape Constituting War Crimes)
From February 1, 2003 to December 11, 2004, the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) carrying out rape to a civilian population in hostilities in the context of an armed conflict not of an international armed character, particularly the Bogoro massacre on February 24, 2003 (punishable under article 8(2)(e)(vi) of the Rome Statute);
Count Nine
(Cruel and Inhumane Treatment Constituting War Crimes)
From February 1, 2003 to December 11, 2004, the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) carrying out cruel and inhumane treatment of prisoners of a civilian population in hostilities particularly the Bogoro massacre on February 24, 2003 (punishable under article 8(2)(c)(i) of the Rome Statute);
Count Ten
(Outrages upon Personal Dignity Constituting War Crimes)
From February 1, 2003 to December 11, 2004, the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) carrying out Outrages upon Personal Dignity of prisoners of a civilian population in hostilities particularly the Bogoro massacre on February 24, 2003 (punishable under article 8(2)(c)(ii) of the Rome Statute);
Count Eleven
(Intentional Attacks on a Civilian Population Constituting War Crimes)
From February 1, 2003 to December 11, 2004, the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) carrying out attacks on civilian population in hostilities in the context of an armed conflict not of an international armed character, particularly the Bogoro massacre on February 24, 2003 (punishable under article 8(2)(e)(i) of the Rome Statute);
Count Twelve
(Pillaging and Destruction of Property Constituting War Crimes)
From February 1, 2003 to December 11, 2004, the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) carrying out Pillaging and Destruction of Property in hostilities in the context of an armed conflict not of an international armed character, particularly the Bogoro massacre on February 24, 2003 (punishable under article 8(2)(e)(vii) of the Rome Statute);
Count Thirteen
(Sexual Slavery Constituting Crimes Against Humanity)
Sexual slavery as a crime against humanity, namely during the attack on the village of Bogoro on or around 24 February 2003; punishable under article 7(1)(g) of the Statute;
Count Fourteen
(Inhumane Acts Constituting Crimes Against Humanity)
Inhumane acts as a crime against humanity, namely locking civilians in rooms filled with corpses and threatening to rape them during the attack on the village of Bogoro on or around 24 February 2003; punishable under article 7(1)(k) of the Statute;
Count Fifteen
(Murder Constituting Crimes Against Humanity)
Murder as a crime against humanity, from July 2002 until December 2003 taking place in the province of Ituri of the Democratic Republic of the Congo. Punishable under article 7(1)(a) of the Rome Statute;
Signed
_______________________
Judge Brittany Roe
Presiding Judge
Signed
_______________________
Judge Brandon Rasula
Presiding Judge
Dated this 23rd day of June 2004
At The Hague, The Netherlands
Seal of the Court
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