Media Advisory: 25 May 2012

Mbarushimana case: ICC Appeals Chamber to deliver its judgment on the prosecution’s appeal on 30 May


On 30 May 2012, in open court, at 11:30 (The Hague local time), the Appeals Chamber of the International Criminal Court (ICC) will deliver its judgment on the Prosecution’s appeal against the decision issued by Pre-Trial Chamber I, declining to confirm the charges against Mr Callixte Mbarushimana.


The session will be transmitted with no delay via web streaming on the ICC website:


Courtroom I (English):

Courtroom I (French):


Audio and video rough cuts of the session will be available on the ICC YouTube channel for viewing, as well as for media downloading in broadcast quality on an FTP server.


Background information


On 16 December 2011, Pre-Trial Chamber I decided by Majority to decline to confirm the charges in the case of The Prosecutor v. Callixte Mbarushimana and ordered that the warrant of arrest issued against him cease to have effect. Mr Mbarushimana was released from the ICC’s custody on 23 December 2011, upon the completion of the necessary arrangements, as ordered by Pre-Trial Chamber I. On 1 March 2012, the Pre-Trial Chamber granted the Prosecution leave to appeal this decision. The appeal was submitted on 12 March 2012.


Callixte Mbarushimana was surrendered to the custody of the ICC by the French authorities on 25 January 2011, in accordance with the warrant of arrest delivered against him on 28 September 2010 by Pre-Trial Chamber I. In the document containing the charges, the Prosecutor charged Mr Mbarushimana with five counts of crimes against humanity (murder, inhumane acts, rape, torture, and persecution) and eight counts of war crimes (attacking civilians, murder, mutilation, cruel treatment, rape, torture, destruction of property and pillaging). The Confirmation of Charges hearing was held from 16 to 21 September 2011. The Majority of the Chamber, comprising Judge Sylvia Steiner and Judge Cuno Tarfusser, found that there was not sufficient evidence to establish substantial grounds to believe that Callixte Mbarushimana could be held criminally responsible, under article 25(3)(d) of the Rome Statute, for these counts. Judge Sanji Mmasenono Monageng, presiding judge, filed a dissenting opinion.


Further information on the case is available here.


Scheduling Order for the judgment on the appeal of the Prosecutor against the decision of Pre-Trial Chamber I of 16 December 2011 entitled "Decision on the confirmation of charges"



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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