Press Release: 21 November 2012

Katanga and Ngudjolo Chui case: ICC Trial Chamber II severs charges; Verdict on Mathieu Ngudjolo Chui to be issued on 18 December 2012


Today, 21 November 2012, Trial Chamber II of the International Criminal Court (ICC) decided to sever the charges against Mathieu Ngudjolo Chui and Germain Katanga. The Chamber will issue the decision on the innocence or guilt of Mr Ngudjolo Chui pursuant to article 74 of the Statute on 18 December 2012.

The Chamber, composed of Judges Bruno Cotte (Presiding), Fatoumata Dembele Diarra and Christine Van Den Wyngaert, also informed the parties and participants to the case that the mode of liability with which Mr Katanga is charged may be subject to a legal modification pursuant to Regulation 55 of the Regulations of the Court. On the basis of the decision confirming the charges issued by Pre-Trial Chamber I, Mr Katanga is allegedly responsible for three war crimes and seven crimes against humanity within the meaning of article 25(3)(a) of the Statute (committing the crimes jointly through another person). The Chamber requested the parties and participants to file their observations on a possible re-characterisation of the mode of liability based on article 25(3)(d) of the Statute (contributing in any other way to the commission of the crimes by a group of persons acting with a common purpose), no later than 15 January 2013 for the Prosecution and the legal representatives of victims and no later than 21 January 2013 for Germain Katanga’s Defence. Today’s decision is adopted by majority, Judge Christine Van Den Wyngaert dissenting.

Germain Katanga and Mathieu Ngudjolo Chui, Congolese nationals, are charged with three counts of crimes against humanity and seven counts of war crimes allegedly committed, on 24 February 2003, during the attack against the Bogoro village. It is alleged that this attack was carried out by combatants led by Mathieu Ngudjolo Chui and Germain Katanga, that it was part of a widespread attack directed not only against a military camp located in Bogoro village but also against the civilian population of the village. Their trial started on 24 November 2009.

The ICC is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity and genocide.

Décision relative à la mise en œuvre de la norme 55 du Règlement de la Cour et prononçant la disjonction des charges portées contre les accusés  


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