Democratic Republic of the Congo



ICC-01/04

Investigation

Situation in Democratic Republic of the Congo


 

Referral - 19.04.2004
English - French


Decision to open investigation - 23.06.2004
English - French



ICC-01/04-01/06

Trial

The Prosecutor v. Thomas Lubanga Dyilo


 

 

Thomas Lubanga Dyilo

Found guilty, on 14 March 2012, of the war crimes of enlisting and conscripting of children under the age of 15 years and using them to participate actively in hostilities. Sentenced, on 10 July 2012, to a total of 14 years of imprisonment.
Thomas Lubanga Dyilo Date of birth: 29 December 1960
Place of birth: Jiba, Utcha Sector, Djugu Territory, Ituri district, Orientale province, of the Democratic Republic of the Congo (DRC)
Nationality: Congolese
Ethnicity: Hema
Warrant of arrest issued by Pre-Trial Chamber I:
Issued under seal: 10 February 2006
Unsealed: 17 March 2006
Transferred to The Hague: 16 March 2006
Confirmation of charges hearing: 9 - 28 November 2006
Decision on the confirmation of charges: 29 January 2007
Opening of the trial: 26 January 2009
Verdict

On 14 March 2012, Mr Lubanga Dyilo was convicted of committing, as co-perpetrator, war crimes consisting of:

  • Enlisting and conscripting of children under the age of 15 years into the Force patriotique pour la libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC) and using them to participate actively in hostilities in the context of an armed conflict not of an international character from 1 September 2002 to 13 August 2003 (punishable under article 8(2)(e)(vii) of the Rome Statute).

The verdict was rendered by Trial Chamber I, composed of Judge Adrian Fulford (United Kingdom), as Presiding Judge, Judge Elizabeth Odio Benito (Costa Rica) and Judge René Blattmann (Bolivia). Although the first two judges have written separate and dissenting opinions on some issues, the verdict was unanimous.

On 10 July 2012, Trial Chamber I sentenced Thomas Lubanga Dyilo to a total period of 14 years of imprisonment. The time he spent in the ICC’s custody will be deducted from this total sentence. He is detained, for the time being, at the Detention Centre in The Hague.


 



ICC-01/04-01/07

Trial

The Prosecutor v. Germain Katanga


Germain Katanga

Germain Katanga Born on 28 April 1978 in Mambassa, Ituri District.
National of the Democratic Republic of the Congo.
Alleged commander of the Force de résistance patriotique en Ituri (FRPI).
Prosecution application for a warrant of arrest: 25 June 2007.
Warrant of arrest issued by Pre-Trial Chamber I:
Issued under seal on 2 July 2007
Unsealed on 18 October 2007
Surrender to the Court and transfer to the detention centre in The Hague
17 October 2007
First appearance before Pre-Trial Chamber I 22 October 2007
Confirmation of charges hearing From 27 June to 18 July 2008
Decision on confirmation of charges 26 September 2008

Opening of the trial 24 November 2009
Closing Statements 15 to 23 May 2012
Severing of the charges against Germain Katanga and Mathieu Ngudjolo Chui 21 November 2012
Judgment 7 March 2014

On 7 March 2014, Trial Chamber II found German Katanga guilty, as an accessory, within the meaning of article 25(3)(d) of the Rome Statute, of one count of crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging) committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. The Chamber acquitted Germain Katanga of the other charges that he was facing. Decisions on sentencing and victim reparations will be rendered later. The Prosecutor and the Defence may appeal the judgment within 30 days.

 



ICC-01/04-02/06

Pre-trial

The Prosecutor v. Bosco Ntaganda


 

 

Bosco Ntaganda

Bosco Ntaganda

Former alleged Deputy Chief of the Staff and commander of operations of the Forces Patriotiques pour la Libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC)

Prosecution’s application for the first warrant of arrest 12 January 2006
First Warrant of arrest issued by Pre-Trial Chamber I:
Issued under seal on 22 August 2006
Unsealed on 28 April 2008
Prosecution’s application for the second warrant of arrest 14 May 2012
Second warrant of arrest issued by Pre-Trial Chamber II 13 July 2012
Voluntary Surrender to the ICC’s custody: 22 March 2013
​Opening of confirmation of charges hearing: scheduled on 10 February 2014
​Current status: In ICC custody

Charges

The first warrant of arrest for Bosco Ntaganda lists three counts of war crimes on the basis of his individual criminal responsibility under article 25 (3) (a) of the Rome Statute:

  1. The enlistment of children under the age of fifteen;
  2. The conscription of children under the age of; and
  3. Using children under the age of fifteen to participate actively in hostilities

The second warrant of arrest for Bosco Ntaganda lists seven counts of crimes on the basis of his individual criminal responsibility as an indirect co-perpetrator under article 25 (3) (a) of the Rome Statute:

Four counts of war crimes:

  1. Murder;
  2. Attack against the civilian population;
  3. Rape and sexual slavery; and
  4. Pillaging

And three counts of crimes against humanity:

  1. Murder;
  2. Rape and sexual slavery; and
  3. Persecution

 



ICC-01/04-01/10

Pre-trial

The Prosecutor v. Callixte Mbarushimana


 

 

Callixte Mbarushimana

 

Alleged Executive Secretary of the Forces Démocratiques pour la Libération du Rwanda - Forces Combattantes Abacunguzi (FDLR-FCA, FDLR)

Prosecution application for a warrant of arrest 20 August 2010
Warrant of arrest issued by Pre-Trial Chamber I:
Issued under seal on 28 September 2010
Unsealed on 11 October 2010
Arrested by the French authorities 11 October 2010
Transfer to The Hague 25 January 2011
Initial appearance 28 January 2011
Confirmation of charges hearing 16 - 21 September 2011
Decision declining to confirm the charges  16 December 2011
Released from the ICC custody 23 December 2011
Counts Mr Mbarushimana is allegedly criminally responsible for:
  • Five counts of crimes against humanity: murder, torture, rape, inhumane acts and persecution; 
  • Eight counts of war crimes: attacks against the civilian population, murder, mutilation, torture, rape, inhuman treatment, destruction of property and pillaging.

On 16 December 2011, Pre-Trial Chamber I decided by Majority to decline to confirm the charges against Mr Mbarushimana. Mr Mbarushimana was released from the ICC’s custody on 23 December 2011, upon the completion of the necessary arrangements, as ordered by Pre-Trial Chamber I.


 



ICC-01/04-01/12

Pre-trial

The Prosecutor v. Sylvestre Mudacumura


 

 

Sylvestre Mudacumura

  Alleged Supreme Commander of the Forces Démocratiques pour la Libération du Rwanda
Prosecution application for a warrant of arrest: 13 June 2012
Warrant of arrest issued by Pre-Trial Chamber II: 13 July 2012
At large
Counts Mr Mudacumura is allegedly criminally responsible for committing nine counts of war crimes, from 20 January 2009 to the end of September 2010, in the context of the conflict in the Kivus, in the Democratic Republic of Congo (DRC) on the basis of his individual criminal responsibility (article 25(3)(b) of the Statute) including: attacking civilians, murder, mutilation, cruel treatment, rape, torture, destruction of property, pillaging and outrages against personal dignity.



ICC-01/04-02/12 

                     Trial 

The Prosecutor v. Mathieu Ngudjolo Chui​


 

Mathieu Ngudjolo Chui
Mathieu Ngudjolo Chui © ICC-CPI/Michael Kooren Born on 8 October 1970 in Bunia, Ituri District.
​National of the Democratic Republic of the Congo.
​Alleged former leader of the Front des nationalistes et intégrationnistes (FNI).
​Prosecution application for a warrant of arrest: 25 June 2007.
Warrant of arrest issued by Pre-Trial Chamber I:
​Issued under seal on ​6 July 2007
​Unsealed on ​7 February 2008
Arrest ​6 February 2008
​Transfer to the detention centre ​7 February 2008
​First appearance before Pre Trial Chamber I ​11 February 2008
​Confirmation of charges hearing ​From 27 June to 18 July 2008
Decision on confirmation of charges ​26 September 2008
​Commencement of trial ​24 November 2009
​Closing Statements ​15 to 23 May 2012
​Severing of the charges against Germain Katanga and Mathieu Ngudjolo Chui  ​21 November 2012​
​Verdict ​18 November 2012
 
Charges

Mathieu Ngudjolo Chui allegedly committed, through other persons, within the meaning of article 25(3)(a) of the Rome Statute:

 

  • Three crimes against humanity: Murder under article 7(1)(a) of the Statute; sexual slavery and rape under article 7(1)(g) of the Statute.

  • Seven war crimes: Using children under the age of 15 to take active part in hostilities under article 8 (2)(b)(xxvi) of the Statute; deliberately directing an attack on a civilian population as such or against individual civilians or against individual civilians not taking direct part in hostilities under article 8(2)(b)(i); wilful killing under article 8(2)(a)(i) of the Statute; destruction of property under article 8(2)(b)(xiii) of the Statute; pillaging under article 8(2)(b)(xvi) of the Statute; sexual slavery and rape under article 8(2)(b)(xxii) of the Statute.​​

On 18 December 2012, Trial Chamber II acquitted Mathieu Ngudjolo Chui of the charges of war crimes and crimes against humanity and ordered his immediate release. On 21 December 2012, Mathieu Ngudjolo Chui was released from custody. The Office of the Prosecutor has appealed the verdict.