Charges withdrawn

The warrant of arrest against Maxime Jeoffroy Eli Mokom Gawaka was issued under seal on 10 December 2018 for war crimes and crimes against humanity allegedly committed in the Central African Republic. Mr Mokom was surrendered to the ICC on 14 March 2022. 

On 22 March 2022, Maxime Jeoffroy Eli Mokom Gawaka made his first appearance before Pre-Trial Chamber II.

The confirmation of charges hearing commenced on 22 August 2023, but had not yet been concluded as the parties still had to submit written submissions on the merits of the case.

On 17 October 2023, Pre-Trial Chamber II terminated the proceedings in the Mokom case and ordered Mr Mokom’s immediate release. Mr. Mokom was released from the ICC detention on the same day. The Chamber acted on the basis of the Prosecution’s notice of withdrawal of the charges against Mr Mokom, dated 16 October 2023. This notice asserts that there are relevant changes regarding the evidence in the case. Therefore, the Prosecution considers that, even if the charges would be confirmed by Pre-Trial Chamber II, there is no reasonable prospect for a conviction at trial.

Next steps: Pre-Trial Chamber II instructed the ICC Registrar to make all necessary arrangements for Mr Mokom’s transfer to a receiving State. Pending his transfer Mr Mokom is in a temporary ICC designated location.

The warrant of arrest was issued under seal against Paul Gicheru and Philip Kipkoech Bett on 10 March 2015 and unsealed on 10 September 2015 for offences against the administration of justice consisting in corruptly influencing witnesses regarding cases from the situation in Kenya. On 2 November 2020, Paul Gicheru surrendered to the authorities of The Netherlands pursuant to this arrest warrant for offences against the administration of justice consisting in corruptly influencing witnesses of the Court. On 3 November 2020, Paul Gicheru was surrendered to the ICC custody after the completion of the necessary national proceedings.  The first appearance of Paul Gicheru before the Court took place on 6 November 2020. On 11 December 2020, Pre-Trial Chamber A severed the cases against Paul Gicheru and Philip Kipkoech Bett. On 1 February 2021, Paul Gicheru was released to Kenya with specific conditions restricting liberty, during the confirmation of charges proceedings.

On 15 July 2021, ICC Pre-Trial Chamber A confirmed the charges of offences against the administration of justice brought by the Prosecutor against Paul Gicheru and committed him to trial. 

On 15 February 2022, the trial opened before Trial Chamber III. The accused plead not-guilty to the all charges. The prosecution then presented its opening statements and called its first witness. 8 witnesses have testified for the prosecution, the last one finished testifying on 24 March 2022. The Office of the Prosecutor completed its presentation of evidence on 29 March 2022. The Defence announced on 25 April 2022 that it will not call any witnesses.

The closing statements in this case took place on 27 June 2022.

On 14 October 2022, Trial Chamber III terminated proceedings against Paul Gicheru following the confirmation of his passing.

Charges vacated

On 5 April 2016, Trial Chamber V(A) decided, by majority that the case against William Samoei Ruto and Joshua Arap Sang is to be terminated. The parties have not appealed this decision. Case also involved Henry Kiprono Kosgey. Judges declined to confirm the charges against Mr Kosgey on 23 January 2012.

Questions and answers arising from the decision of no-case to answer in the case of Prosecutor v. Ruto and Sang

Charges vacated

The warrant of arrest was issued under seal against Simone Gbagbo on 29 February 2012, unsealed on 22 November 2012 and vacated on 19 July 2021. 

Acquitted

On 18 December 2012, Trial Chamber II acquitted Mathieu Ngudjolo Chui of the charges of war crimes and crimes against humanity and ordered his immediate release. The Prosecution appealed the verdict on 20 December 2012. On 27 February 2015, the verdict was upheld by the Appeals Chamber.​

The warrant of arrest was issued under seal on 18 April 2013 and unsealed on 24 April 2017. On 7 September 2022, Pre-trial Chamber I terminated proceedings against Al-Tuhamy Mohamed Khaled, following the Prosecution’s Notification of the Death of Al-Tuhamy and request to withdraw arrest warrant, dated 2 August 2022 and annexing a copy of a death certificate issued by the Libyan authorities and an official translation.

Charges not confirmed

Pre-Trial Chamber I declined to confirm the charges against Callixte Mbarushimana and did not commit the case to trial. The Prosecution's appeal was dismissed. On 23 December 2011, Mr Mbarushimana was released from the ICC custody.

Next steps: The case is considered closed unless and until the Prosecutor submits new evidence.