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Ntaganda case: Trial Chamber VI recommends holding the opening of trial in DRC; decision to be made in due course


Situation: Democratic Republic of the Congo (DRC)
Case: The Prosecutor v. Bosco Ntaganda

On 19 March 2015, Trial Chamber VI of the International Criminal Court (ICC) recommended to the Presidency of the Court that the opening statements of the trial in the Ntaganda case be held in Bunia, in the Democratic Republic of the Congo (DRC).  The ICC Presidency will now consult with the DRC authorities and make a decision on this matter, in consultation with the Trial Chamber, in due course.

The Chamber states that it is with the intention of bringing the judicial work of the Court closer to the most affected communities that it is making this recommendation to the Presidency. Prior to making this recommendation, the Chamber received a report of the ICC Registry on the feasibility and security implications of holding part of the trial in the DRC or some nearby location, as well as the responses of the Office of the Prosecutor, the Defence, and the Legal Representatives for Victims.

Pursuant to Rule 100 of the Rules of Procedure and Evidence, where the Court considers that it would be in the interests of justice, it may decide to sit in a State other than the host State, for such period or periods as may be required, to hear the case in whole or in part.

Background: Bosco Ntaganda, former alleged Deputy Chief of the General Staff of the Force Patriotiques pour la Libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC), is accused of 13 counts of war crimes (murder and attempted murder; attacking civilians; rape; sexual slavery of civilians; pillaging; displacement of civilians; attacking protected objects; destroying the enemy's property; and rape, sexual slavery, enlistment and conscription of child soldiers under the age of fifteen years and using them to participate actively in hostilities) and five crimes against humanity (murder and attempted murder; rape; sexual slavery; persecution; forcible transfer of population) allegedly committed in Ituri, DRC, in 2002-2003. Mr Ntaganda is in the Court's custody.

For more information on this case, click here

Recommendation to the Presidency on holding part of the trial in the State concerned

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: [email protected].

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