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Democratic Republic of the Congo
ICC-01/04
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Investigation
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Situation in Democratic Republic of the Congo
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Referral - 19.04.2004
English - French
Decision to open investigation - 23.06.2004
English - French
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. |
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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 |
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| Warrant of arrest issued by Pre-Trial Chamber I: |
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| Issued under seal: 10 February 2006 |
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| Unsealed: 17 March 2006 |
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| 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. |
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Germain Katanga, also known as "Simba" |
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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: |
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| 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 |
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| First appearance before Pre-Trial Chamber I |
22 October 2007 |
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| Confirmation of charges hearing |
From 27 June to 18 July 2008 |
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| 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 |
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| Counts Germain Katanga 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.
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ICC-01/04-02/06
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Pre-trial
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Bosco Ntaganda |
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Former alleged Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC). Alleged Chief of Staff of the Congrès national pour la défense du people (CNDP) armed group, active in North Kivu in the DRC. |
| Prosecution’s application for the first warrant of arrest |
12 January 2006 |
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| First Warrant of arrest issued by Pre-Trial Chamber I: |
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| Issued under seal on |
22 August 2006 |
| Unsealed on |
28 April 2008 |
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| Prosecution’s application for the second warrant of arrest |
14 May 2012 |
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Counts Mr Ntaganda is allegedly criminally responsible under article 25(3)(a) of the Rome Statute for:
- Seven counts of war crimes: enlistment of children under the age of 15, conscription of children under the age of 15, using children under the age of 15 to participate actively in hostilities; murder, attacks against the civilian population, rape and sexual slavery, and pillaging; and
- Three counts of crimes against humanity: murder, rape and sexual slavery, and persecution.
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ICC-01/04-01/10
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Pre-trial
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Callixte Mbarushimana |
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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 |
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| Warrant of arrest issued by Pre-Trial Chamber I: |
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| Issued under seal on |
28 September 2010 |
| Unsealed on |
11 October 2010 |
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| Arrested by the French authorities |
11 October 2010 |
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| Transfer to The Hague |
25 January 2011 |
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| Initial appearance |
28 January 2011 |
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| Confirmation of charges hearing |
16 - 21 September 2011 |
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| Released from the ICC custody |
23 December 2011 |
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| 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. |
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ICC-01/04-01/12
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Pre-trial
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Sylvestre Mudacumura |
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Alleged Supreme Commander of the Forces Démocratiques pour la Libération du Rwanda |
| Prosecution application for a warrant of arrest: |
13 June 2012 |
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| Warrant of arrest issued by Pre-Trial Chamber II: |
13 July 2012 |
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| 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. |
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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:
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| Issued under seal on |
6 July 2007
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| Unsealed on |
7 February 2008 |
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| 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 |
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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. |
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