Trial Chamber II dismisses the challenge to admissibility raised by the Defence for Germain Katanga

ICC-CPI-20090612-PR420

Situation: Democratic Republic of the Congo (DRC)
Case: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui

Today, 12 June 2009, Trial Chamber II of the International Criminal Court (ICC) issued, in a public hearing, its unanimous oral decision rejecting the challenge to admissibility raised by the Defence for Germain Katanga. The reasons for the decision will be detailed in a written decision to be made public at the beginning of next week.

The Defence for Germain Katanga argued that the case was inadmissible for failure to respect the principle of complementarity. The Counsel for the accused invoked the existence of legal proceedings brought against him – partly for the same crimes – before the courts in the Democratic Republic of the Congo (DRC).

The judges explained that the principle of complementarity requires the Court to investigate and, where warranted, prosecute and try individuals only if the State concerned is unable or, alternatively, genuinely unwilling to do so. Presiding Judge Bruno Cotte indicated that the Chamber found a clear and overt unwillingness on the part of the DRC to prosecute Mr Katanga. The Chamber based its decision, in particular, on the facts that the DRC had referred the situation in its territory to the Court because of its commitment to the fight against impunity and that this State had never challenged the admissibility of the case. The Chamber also mentioned that the DRC authorities stated to the Court that they had not opened any investigation against Germain Katanga concerning the 24 February 2003 attack on Bogoro for which Mr Katanga is currently being prosecuted before the ICC. At a public hearing held on 1 June 2009, representatives of the DRC asked the Chamber to dismiss the motion challenging admissibility.

Trial Chamber II also considered that the arrest warrant issued against Mr Katanga on 2 July 2007 was not flawed.

• Résumé de la décision sur l’exception d’irrecevabilité, lu par le juge président Bruno Cotte le 12 juin 2009
  
  
• Motion Challenging the Admissibility of the Case by the Defence of Germain Katanga, pursuant to Article 19 (2) (a) of the Statute
  
  
• Case Information Sheet "The Prosecutor v. Germain Katanga and Mathieu Ngudjolo"
  

For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or (0)6 46 44 87 26 or at sonia.robla@icc-cpi.int