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(EMAILWIRE.COM, September 27, 2008 ) The Hague - ICC-CPI-20080926-PR357_ENG - On 26 September 2008, Pre-Trial Chamber I issued a decision on the confirmation of charges in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui. The public redacted version of the decision will be available at a later stage. Pre-Trial Chamber I has released the following public note:
PUBLIC NOTE
“Decision on the confirmation of charges in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui
On 26 September 2008, Pre-Trial Chamber I (“the Chamber”) (ICC-01/04-01/07-716-Conf), issued the decision on the confirmation of the charges in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui.
The Chamber confirmed that there is sufficient evidence to establish substantial grounds to believe that Germain Katanga and Mathieu Ngudjolo Chui jointly committed the crime of using children under the age of fifteen to take active part in the hostilities, under article 8(2)(b)(xxvi) of the Statute, by using them personally as body guards and as combatants during the attack against the village of Bogoro, on or about 24 February 2003.
The Chamber confirmed that there is sufficient evidence to establish substantial grounds to believe that, in the 24 February 2003 attack on Bogoro, Germain Katanga and Mathieu Ngudjolo Chui jointly committed through other persons, within the meaning of article 25(3)(a) of the Statute, the war crimes of:
directing an attack against a civilian population as such or against individual civilians not taking direct part in hostilities under article 8(2)(b)(i) of the Statute;
wilful killings under article 8(2)(a)(i) of the Statute; and
destruction of property under article 8(2)(b)(xiii) of the Statute.
pillaging under article 8(2)(b)(xvi) of the Statute.
The Chamber declined to confirm that Germain Katanga and Mathieu Ngudjolo Chui jointly committed through another person, during the 24 February 2003 attack on Bogoro, crimes of inhuman treatment, as provided for in article 8(2)(a)(ii) of the Statute, and outrages upon personal dignity, as provided for in article 8(2)(b)(xxi) of the Statute.
The majority of the Chamber confirmed that there is sufficient evidence to establish substantial grounds to believe that Germain Katanga and Mathieu Ngudjolo Chui, during and after the 24 February 2003 attack on Bogoro, jointly committed through other persons, within the meaning of article 25(3)(a) of the Statute, the war crimes of sexual slavery and rape under article 8(2)(b)(xxii) of the Statute.
The Chamber confirmed that there is sufficient evidence to establish substantial grounds to believe that Germain Katanga and Mathieu Ngudjolo Chui, during and after the 24 February 2003 attack on Bogoro, jointly committed through other persons, within the meaning of article 25(3)(a) of the Statute, the crimes against humanity of murder under article 7(1)(a) of the Statute, as part of a widespread and systematic attack against the civilian population in the Ituri region.
The majority of the Chamber confirmed that there is sufficient evidence to establish substantial grounds to believe that Germain Katanga and Mathieu Ngudjolo Chui, during and after the 24 February 2003 attack on Bogoro, jointly committed through other persons, within the meaning of article 25(3)(a) of the Statute, the crimes against humanity of rape and sexual slavery under article 7(1)(g) of the Statute, as part of a widespread and systematic attack against the civilian population in the Ituri region
The majority of the Chamber declined to confirm the charge of other inhumane acts as a crime against humanity within the meaning of article 7(1)(k) of the Statute, on the basis of article 61(7)(b) of the Statute.
The Chamber decided to commit Germain Katanga and Mathieu Ngudjolo Chui for trial on the charges confirmed. The Chamber remains seized of the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui until the decision on the confirmation of the charges is definitive.
Judge Anita Ušacka, dissenting, declined to confirm that Germain Katanga and Mathieu Ngudjolo Chui, in the aftermath of the 24 February 2003 attack on Bogoro, jointly committed through other persons, within the meaning of article 25(3)(a) of the Statute, the charges of rape and sexual slavery, both as war crimes and as crimes against humanity within the meaning of articles 8(2)(b)(xxii) and 7(1)(g) of the Statute, on the basis of article 61(7)(c)(i) of the Statute and to request the Prosecutor to provide further evidence in respect of these charges.
Judge Anita Ušacka, dissenting, confirmed that there is sufficient evidence to establish substantial grounds to believe that Germain Katanga and Mathieu Ngudjolo Chui, during and after the 24 February 2003 attack on Bogoro, jointly committed through other persons, within the meaning of article 25(3)(a) of the Statute, the charge of other inhumane acts as a crime against humanity within the meaning of article 7(1)(k) of the Statute, on the basis of article 61(7)(a) of the Statute.
The public redacted version of the decision on the confirmation of charges shall be issued shortly.”
Warrant of Arrest for Germain Katanga
Warrant of Arrest for Mathieu Ngudjolo Chui
Decision on the Joinder of the Cases against Germain Katanga and Mathieu Ngudjolo Chui
For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 646448726 or at sonia.robla@icc-cpi.int
The International Criminal Court (ICC)
Sonia Robla
+31 (0)6 46 44 87 26 sonia.robla@icc-cpi.int
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