Situation in the DRC: Pre-Trial Chamber II dismisses the Prosecutor’s application for an arrest warrant against Sylvestre Mudacumura

On 31 May 2012, Pre-Trial Chamber II of the International Criminal Court (ICC) unanimously dismissed, in limine (without examining the merits), the Prosecutor’s application for a warrant of arrest against Mr Sylvestre Mudacumura, considering that this application “fell short of the proper level of specificity” in describing the alleged crimes “for which the person’s arrest is sought”.

The Chamber noted that the ICC Prosecutor’s application, dated 15 May 2012, did not provide “proper counts or any other kind of accompanying description of the specific facts underlying the crimes” allegedly committed in North and South Kivu Provinces (Democratic Republic of the Congo), and failed to “set out the specific references to the alleged crimes” as requested by the Rome Statute, founding treaty of the ICC.

Decision on the Prosecutor's Application under Article 58

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