Situation: Democratic
Republic of the Congo
Case: The Prosecutor v. Germain Katanga
Today, 7 March 2014, Trial Chamber II of the
International Criminal Court (ICC), ruling in the majority, with Judge
Christine Van den Wyngaert dissenting, rendered its judgment in the case The
Prosecutor v. Germain Katanga. The Chamber was satisfied beyond reasonable
doubt of Germain Katanga’s guilt as an accessory, within the meaning of article
25(3)(d) of the ICC’s founding treaty, the Rome Statute, to one crime against
humanity (murder) and four 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 Democratic
Republic of the Congo (DRC). Decisions on sentencing and victim reparations
will be rendered later. The Prosecutor and the Defence may appeal the judgment
within 30 days.
Presiding Judge Bruno Cotte delivered a summary of the
judgment at a public hearing today. He explained that in light of the witness
testimonies and the evidence presented before the Chamber, it had been
established beyond reasonable doubt that Germain Katanga had made a significant
contribution to the commission of the crimes by the Ngiti militia, which was
acting with a common purpose, by assisting its members to plan the operation
against Bogoro. The Chamber found that Germain Katanga acted in the knowledge
of the criminal common plan devised by the militia to target the predominantly
Hema population of Bogoro. The crimes of murder, attacking civilians,
destroying property and pillaging were part of the common plan.
The Chamber found that Mr Katanga was the intermediary
of choice between the weapons and ammunition suppliers and those who physically
committed the crimes using those munitions in Bogoro. He contributed to
reinforcing the strike capability of the Ngiti militia who carried out the
crimes committed in Bogoro on 24 February 2003. He also contributed, by virtue
of his position in Aveba – the only place in the collectivité with an
airport which could accommodate aircraft transporting weapons – to equipping
the militia and enabling it to operate in an organised and efficient manner.
His involvement allowed the militia to avail itself of logistical means which
it did not possess enabling it to secure military superiority over its
adversary. However, the Chamber dismissed the mode of liability, as principal
perpetrator, applied to Germain Katanga, since it was not proven beyond
reasonable doubt that in respect of the collectivité he had the material
ability to give orders or to ensure their implementation, or that he had the
authority to punish camp commanders.
The Chamber changed the characterisation of the mode
of liability against Mr Katanga – who had initially been charged as principal
perpetrator – on the basis of article 25(3)(d) of the Rome Statute, which defines
being an accessory as contributing “[i]n any other way […] to the commission
[…] of […] a crime by a group of persons acting with a common purpose”. Germain
Katanga was found guilty, as an accessory within the meaning of article
25(3)(d) of the Rome Statute, of the crimes of murder constituting a crime
against humanity and a war crime and the crimes of directing an attack against
the civilian population as such or against individual civilians not taking
direct part in hostilities, destroying the enemy’s property and pillaging
constituting war crimes. The Chamber also decided that Germain Katanga shall
continue to be detained pending sentencing.
The Trial Chamber acquitted Germain Katanga of the
other charges that he was facing. With respect to these charges, the Chamber
found that there was evidence beyond reasonable doubt that the crimes of rape
and sexual slavery were committed. Regarding the crime of using child soldiers,
it found that there were children within the Ngiti militia and among the
combatants who were in Bogoro on the day of the attack. However, the Chamber
concluded that the evidence presented in support of the accused’s guilt did not
satisfy it beyond reasonable doubt of the accused’s responsibility for these
crimes.
In her dissenting opinion, Judge Van den Wyngaert challenges
the change in the characterisation of Germain Katanga’s mode of liability. She
argues that the change in characterisation rendered the trial unfair and
breached the rights of the Defence, as it did not receive proper notification
of the new charges and was not afforded a reasonable opportunity to conduct
investigations in order to mount a defence against them. Judge Van den Wyngaert
maintains that there is no basis in the evidence for findings beyond reasonable
doubt which can be relied on to establish Germain Katanga’s guilt.
Information about the trial
Germain Katanga, alleged commander of the Force de
résistance patriotique en Ituri [Patriotic Force of Resistance in Ituri]
(FRPI), was tried before Trial Chamber II, composed of Judges Bruno Cotte,
Fatoumata Dembele Diarra and Christine Van den Wyngaert, for the crimes against
humanity of murder, rape and sexual slavery and the war crimes of wilful
killing, directing an attack against a civilian population as such or against
individual civilians not taking direct part in hostilities, destruction of
property, pillaging, using children under the age of fifteen years to
participate actively in hostilities, sexual slavery, and rape.
Mr Katanga was transferred to the Detention Centre in
The Hague, the Netherlands, on 17 October 2007. The trial commenced on 24
November 2009, and the parties and participants delivered their closing
statements from 15 to 23 May 2012. In the course of 265 days of hearings, Trial
Chamber II heard 25 witnesses and expert witnesses called by the
Prosecution, 28 called by the defence teams for Germain Katanga and Mathieu
Ngudjolo Chui (whose case was joined to Mr Katanga’s during the trial and
severed on 21 November 2012) and two called by the legal representatives of the
victims. The Chamber also called two further experts to testify. In addition,
Germain Katanga also chose to testify under oath as a witness. The judges
ensured respect for the rights assured to each of the parties by the Rome
Statute, including the right to cross-examine witnesses.
Leave was granted to 366 victims to participate in the
proceedings, through their legal representatives. They were thus able to
present their views on the issues before the Chamber and were authorised to put
specific questions to the witnesses.
Trial Chamber II issued 409 written orders and
decisions and 168 oral decisions. The parties and participants submitted more
than 3,300 applications to the Chamber.
Summary of Trial Chamber II’s Judgment of 7 March
2014, pursuant to article 74 of the Statute in the case of The Prosecutor v. Germain Katanga
Jugement rendu en
application de l’article 74 du Statut
Questions and answers about the Judgment rendered
by Trial Chamber II in the case of The
Prosecutor v. Germain Katanga, 7 March 2014
Pictures of the hearing, 7 March 2014
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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