katanga trial judgement

endobj [xxxviii], Witness 353 testified that after witnessing combatants murder those with whom she had been hiding, the combatants forced her to follow them and transport their stolen goods. The salient details of the case concern a television news report prefaced with the following facts. 1225. 63 0 R In particular, it helped by supplying weapons and ammunition and training some of its combatants. [xvii] ICC-01/04-01/07-3436, paras 964-965. right . /F4 11 0 R Start of Trial : November 24, 2009 ; End of Trial : May 23, 2012 ; Press release. It also found that the sexual slavery formed part of the systematic attack targeting the predominantly Hema civilian population[lvii] and that the perpetrators committed these crimes in full knowledge that they were part of it. Both central and regional governmental authorities proved incapable of functioning publicly and performing their role on that part of its territory, even though they engaged in a counter-offensive in November 2002. The Germain Katanga trial stands as a concrete example of what reparations may mean at the International Criminal Court (ICC). [xxx], Addressing the mental elements of the crimes as required under Article 30 of the Statute, the Chamber found that the perpetrator must have been aware that he exercised, individually or collectively, one of the attributes of the right of ownership over a person and have intentionally coerced the person to perform acts of a sexual nature or have known that such a result would occur in the ordinary course of events. /Count 13 4 0 obj /Outlines 2 0 R This judgement is symptomatic of an inconsistent factual treatment of sexual violence as compared to other violent crimes and an improper attention to the specific nature of these crimes, For more detailed information on the Regulation 55 proceedings, see Gender Report Card 2013, p 92-104. [xlix], Witness 249 testified that after she was raped during the attack by six Ngiti combatants, she was taken to a militia camp where the perpetrators raped her again. /F3 10 0 R >> 1226. Found inside – Page 84Germain Katanga, a senior commander of the FRPI militia in the Democratic Republic of the Congo, was convicted for ... 57 Prosecutor v Katanga (Trial Judgment) (International Criminal Court, Trial Chamber II, Case No ICC-01/04-01/07, ... /Kids [6 0 R This ruling is particularly significant since it was the first ICC reparations decision. The Chamber must now determine whether Uganda’s direct military intervention on the territory of the DRC that it occupied and in hostilities that mainly pitted the APC and Ngiti and Lendu militias against the UPC internationalised the conflict under its consideration. 7, 2014, ¶ 1217 [hereinafter, "Katanga, Trial Judgment"] (stating that, "[w]ith specific reference to its foregoing review of the attacks that followed [the] assault on Bogoro, the Chamber finds that the armed conflict was both . For more background about the case against Katanga see the Gender Report Cards: 2013, 2012, 2011, 2010, 2009, and 2008. This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Having held that both the law of international armed conflict and of non-international armed conflict applied to the various actors in hostilities occurring on occupied territory, the Chamber now considers it necessary to determine the nature of the armed conflict which encompassed the attack on Bogoro. 43 0 R Found inside – Page livBemba, Judgment on the Appeal of Mr Jean-Pierre Bemba Gombo against Trial Chamber III's 'Judgment pursuant to Article 74 of the Statute', ... Katanga et al., Decision on the Confirmation of Charges, ICC-01/0401/07-717, 14 October 2008. [vi] On April 9, 2014, the Prosecution appealed Katanga’s acquittal for the sexual violence charges, indicating its intention to request the Appeals Chamber to reverse or amend the Trial Judgment and/or order a partial new trial before a different Chamber. Katanga - Part 1. A fifth edition introduction to the law and practice of the International Criminal Court since it became fully operational. Citing the Elements of Crimes of the ICC[xiv], the Chamber noted that rape as a war crime under Article 8(2)(e)(vi) of the Statute, and as a crime against humanity under Article 7(1)(g) of the Statute, contain two common material elements, namely: The Chamber found that the first element can be established even if the perpetrator does not personally undertake the penetration, including in instances in which ‘the perpetrator is himself penetrated’ or ‘brings about the penetration’. Introduction. Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants. The Issues Macrocriminality … They physically assaulted her and then detained her in their camp in Walendu-Bindi. Whereas the Al Mahdi judgment recognises that the judicial assessment of reparations must ultimately be before trial chambers, the Katanga judgment dodged the … On September 30, 2008, Pre-Trial Chamber I confirmed charges against Katanga But the DRC government's change in mindset, desire for national ownership of prosecutions, and practical steps to reduce backlogs and prioritize cases are all steps in the right direction. 1198. See also ‘Modes of Liability: A review of the International Criminal Court’s jurisprudence and practice’, Women’s Initiatives for Gender Justice, November 2013, p 116-130, available at . Further, the UPC had adopted a political programme and had official spokespeople. 1206. Furthermore, the APC, the armed wing of the RCD-ML, also constituted a group with a leadership and internal command structure; supplies and equipment were available to it; and it had the ability to plan military operations and put them into effect. 61 0 R This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide range of professionals concerned with diverse cultures, human rights, and ... these changes would prolong Katanga's trial, and in order to avoid potential violations of Ngudjolo's right to a trial without undue delay, the cases were separated again. 1200. On March 7, 2014, Trial Chamber II issued the ICC’s third Trial Judgment in the case of The Prosecutor v. Germain Katanga, convicting Germain Katanga (Katanga), by majority,[i] as an accessory for the war crimes of directing an attack against a civilian population, pillaging, and destruction of property, as well as for murder as a war crime and a crime against humanity. The views and opinions expressed here do not necessarily reflect the views and opinions of the Open Society Justice Initiative. [Mental element for Element 5] [Consequence of killing]: The perpetrator meant to cause death OR. endobj Judgment FEBRUARY 2015 On February 27, 2015, the International Criminal Court (ICC) in The Hague will deliver its first . Refworld is the leading source of information necessary for taking quality decisions on refugee status. In the Chamber’s opinion, those offences were therefore connected to the ongoing hostilities, and the perpetrators of those rapes, who took an active part in that armed conflict, in so acting, were aware of the factual circumstances establishing the existence of the conflict. It noted that the testimony of these witnesses had been corroborated by other witnesses, but pointed out that, as specified under Rule 63(4) of the Rules, corroboration is not required to prove crimes of sexual violence. Although the ICC does On March 8, 2018, the Appeals Chamber of the International Criminal Court rendered a judgement 1 largely confirming the reparations decision of the Trial Chamber in Prosecutor v. Germain Katanga. 1230. the convictions against Lubanga and Katanga also arguably . Specifically, the Chamber cited IT-96-23-T and IT-96-23/1-T, Kunarac et al Trial Judgment, paras 542-543; Kunarac et al Appeal Judgment, paras 119, 121; SCSL-04-15-T, Sesay, Kallon and Gbao Trial Judgment, para 160; SCSL-03-01-T, Taylor Trial Judgment, para 420. ICC-01/04-01/07-257. 1214. But the DRC government's change in mindset, desire for national ownership of prosecutions, and practical steps to reduce backlogs and prioritize cases are all steps in the right direction. Case prepared by Ms. Sophie Bobillier, Master student at the Faculty of Law of the University of Geneva, under the supervision of Professor Marco … 1228. << /Type /Pages Severing of the cases of Germain Katanga and Mathieu Ngudjolo Chui : November 21, 2012 ; Decision on the judgement Press release. III. [xxxiii] ICC-01/04-01/07-3436, paras 983-984, citing Elements of Crimes, Articles 7(1)(g)-2(4) and 8(2)(e)(vi)-2(4). Germain Katanga, Judgment pursuant to [A]rticle 74 of the Statute, ICC Trial Chamber II, ICC-01/04-01/07, Mar. 1224. [xviii] In this regard, the Chamber cited Rule 70(a) of the Rules, which provides: ‘In cases of sexual violence, […] consent cannot be inferred by reason of any words or conduct of a victim where force, threat of force, coercion or taking advantage of a coercive environment undermined the victim’s ability to give voluntary and genuine consent’. [xxi], Finally, the Chamber noted that in addition to the knowledge and intent requirements under Article 30 of the Statute, the Elements of Crimes require that to establish rape as a crime against humanity, the perpetrator must be aware that the conduct was part of or have intended it to be part of a widespread or systematic attack against a civilian population, while to establish rape as a war crime, the perpetrator must have known of the factual circumstances establishing the existence of an armed conflict. /Annots [ 15 0 R 17 0 R 19 0 R 21 0 R 23 0 R 25 0 R 27 0 R 29 0 R 31 0 R 33 0 R 35 0 R 37 0 R 39 0 R 41 0 R ] /MediaBox [0.000 0.000 595.280 841.890] [ix] The Prosecution had charged and the Pre-Trial Chamber had confirmed that at the time of the attack, Katanga and Ngudjolo were the alleged commanders of the Force de résistance patriotique en Ituri (FRPI) and the Front de nationalistes et intégrationnistes (FNI), respectively. The hearing to confirm the charges against them began on 27 June 2008. and ended on 11 July 2008. ICC finds Congo warlord guilty of war crimes. Furthermore, the Chamber considers that the presence, use and threat of weapons heightened the coercive nature of the environment in which the victims found themselves, aggravating the threats of death they received. [Source : The Prosecutor v. Germain Katanga, International Criminal Court, Trial Chamber II’s Judgement pursuant to article 74 f the Statute, ICC-01/04-01/07, 7 March 2014, available online https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-01/04-01/07-3436 (Footnotes omitted, Original: French)]. 51 0 R [xxxi] It noted that according to the Elements of Crimes, the commission of sexual slavery may involve more than one perpetrator as part of a common criminal purpose and clarified that in instances of collective conduct, Article 30 must be applied to each individual perpetrator. [xlii] It further found that the rapes formed part of a systematic attack targeting a civilian population, which was predominantly Hema, and that the perpetrators knew these crimes were part of the attack. Found insideInternational Court of Justice (ICJ), 297 Armed Activities Judgment, 2005, 110, 176 Legal Consequences Advisory ... 2009, 361, 362, 372 Bemba Trial Judgment, 2016, 356, 361–362, 365 Chui Trial Judgment, 2012, 361 Katanga and Chui ... << /Type /Page She was beaten, taken captive, forced to follow combatants and carry their looted property, and taken to a militia camp in Walendu-Bindi. "The reasons for the Trial Chamber declining to convict Mr Katanga of these charges were not fully explained in the summary of the decision delivered today, and until we have a chance to review the entire judgment, we are unable to assess how and why the judges reached this conclusion," Ms Inder said. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. Germain Katanga will be sentenced tomorrow, having been convicted of crimes on the basis of an uncharged, unlitigated mode of participation that the Pre-Trial Chamber assured the defence would not be at issue in the trial and that the Trial Chamber first mentioned more than six months after the 30-month trial ended. 8 Katanga Judgment (International Criminal Court, Trial Chamber II, Case No ICC-01/ 04-01/07, 7 March 2014). ICC verdict /ModDate (D:20210913163224+02'00') Some evidence suggests that Rwanda intervened in matters concerning the UPC’s internal command structure. [liv], The Chamber found that other women had also been held in sexual slavery in the aftermath of the Bogoro attack. << Found insideKatanga, Case No. ICC-01/04–01/07–3436-tENG, Judgment Pursuant to Article 74 of the Statute, ¶1101 (Mar. 7, 2014) [hereinafter Katanga Trial Judgment]. 60 Prosecutor v. Kunarac, Case No. IT-96–23 & IT-96–23/1-A, Appeals Judgment, ... The Chamber noted that during these incidents, Witness 249 was extremely vulnerable and had ‘valid reasons to fear for her life’. Germain Katanga. [vii], Katanga was tried jointly with Mathieu Ngudjolo Chui (Ngudjolo), constituting the Court’s second trial, as well as the second case, after the Lubanga case, arising from the DRC Situation. The witness stated that he was accompanied on this visit to the DRC by a Ugandan officer, General Salim Saleh’s aide-de-camp. Germain Katanga allegedly took part in that attack. 1213. Start of Trial : November 24, 2009 ; End of Trial : May 23, 2012 ; Press release. In the Chamber’s view, a similar approach prevailed when all the other agreements after the Lusaka Agreement were concluded. [T]here is an . Katanga and Ngudjolo, Judgment on the Appeal of Mr Germain Katanga against the Decision of Pre-Trial Chamber I Entitled 'Decision on the Defence Request … Two of the combatants forced her ‘to have sexual intercourse’ through ‘vaginal penetration’. 1210. 3. [viii] The cases were joined on 10 March 2008. In its March judgment, Trial Chamber II of the ICC found Katanga guilty on one count of crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging). 1202. 1233. Turning to the acts of rape, the Chamber notes that the victims were raped by combatants and, moreover, that the crimes took place when the two sides to the conflict clashed or immediately thereafter. It emphasized that the powers of ownership specified in the first element do not constitute an exhaustive list. [xxxix] The Chamber determined that she had been ‘afraid for her life and had no other option than to obey’. These hostilities must be so distinguished, specifically on account of the change in Uganda’s military strategy from late 2002 and in the relationship of the occupying force with both the occupied State and with groups representing that State on occupied territory. In contrast, the hostilities that commenced in January 2003, that is, from the time of the rapprochement between Uganda and the DRC with the aim of fighting the UPC forces newly allied to Rwanda, must be considered as a non-international conflict. 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