Situations and cases

Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council. In addition, the Prosecutor can initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court received from individuals or organisations (“communications”).

To date, three States Parties to the Rome Statute – Uganda, the Democratic Republic of the Congo and the Central African Republic – have referred situations occurring on their territories to the Court. In addition, the Security Council has referred the situation in Darfur, Sudan – a non‐State Party.

After a thorough analysis of available information, the Prosecutor has opened and is conducting investigations in all of the above-mentioned situations.

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In the situation in Uganda, the case The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen is currently being heard before Pre-Trial Chamber II. In this case, five warrants of arrest have been issued against [the] five top members of the Lords Resistance Army (LRA).

Following the confirmation of the death of Mr Lukwiya, the proceedings against him have been terminated. The four remaining suspects are still at large.

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In the situation in the Democratic Republic of the Congo, three cases are being heard before the relevant Chambers: The Prosecutor v. Thomas Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda; and The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui.

Two cases are at the pre-trial stage, while the proceedings against Thomas Lubanga Dyilo are at the trial stage.

The accused Thomas Lubanga Dyilo, Germain Katanga and Mathieu Ngudjolo Chui are currently in the custody of the ICC.  The suspect Bosco Ntaganda remains at large.

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In the situation in Darfur, Sudan, three cases are being heard before Pre-Trial Chamber I: The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”); The Prosecutor v. Omar Hassan Ahmad Al Bashir and The Prosecutor v. Bahr Idriss Abu Garda

The suspect Bahr Idriss Abu Garda appeared voluntarily for the first time before Pre-Trial Chamber I on 18 May 2009. He is not in custody. The three other suspects remain at large.

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In the situation in the Central African Republic, the case The Prosecutor v. Jean-Pierre Bemba Gombo is at the pre-trial stage of the proceedings and is currently being heard before Pre-Trial Chamber II.

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On 6 November, 2009, the Presidency of the International Criminal Court (ICC) issued a decision assigning the situation in the Republic of Kenya to Pre-Trial Chamber II. If the Prosecutor intends to open an investigation proprio motu in the Kenyan situation, he must obtain authorisation from this Chamber. This is what the Prosecution sought on 26 November, 2009. The decision of Pre-trial Chamber II is pending.