Sentencia Corte Penal Internacional - 13 de Julio de 2012

8/13/2019 Sentencia Corte Penal Internacional - 13 de Julio de 2012

1/38

C o u rP n a l eI n t e r na t i ona l eIn te rna t iona lC r i m i n a lCourt

Original: English No.:ICC-01/04-02/06Date:13July 2012

PRE-TRIAL CHAMBER II

Before: Judge Ekaterina Trendafilova, Presiding JudgeJudg e Hans-Peter KaulJudge Cuno Tarfusser

SITUAT ION IN THE DEMOCR ATIC REPUBLIC OF THE C ON GOI NTHECASE OF THE PROSECUTOR V. BOSC O NTAGANDA

Public redacted versionDecision on the Prosecutor's Application under Article 58

No.ICC-01/04-02/06 1 38 13July 2012

ICC-01/04-02/06-36-Red 13-07-2012 1/38 NM PT


2/38

Decision to be notif ied, in accordan ce with reg ulation31of the R egulations of the Court, to :The Office of the Prosecutor Cou nsel for the DefenceFatou Bensouda, ProsecutorLegal Repres entatives of Victims Legal Represen tatives of Ap plicantsUnrepresented Victims Unrepresented A pplicants forParticipation/Reparation

The Office of Pu blic Co un sel for The Office of Pu blic Co un sel for theVictims Defence

States' Representatives Amicus Curiae

REGISTRYRegistrar and D epu ty Registrar Deten tion SectionSilvana ArbiaVictims and Witnesses Unit OthersVictims Participation a ndReparations Section

No.ICC-01/04-02/06 2 38 13July 2012

ICC-01/04-02/06-36-Red 13-07-2012 2/38 NM PT


3/38

Table of Contents

I. Jurisd iction of the C ou rt an d adm issibility of the case 5A. Jurisdict ion of the Co urt 5B. Ad mis sibility of the case 7

II. W hether there are reasonable gro un ds to be l ieve tha t one or mo re cr imesoutl ined in the Ap plication hav e been com mitted 8A. Crimes against hum ani ty 9

(1) Co ntextu al elem ents of crimes against hu m an ity 10(2) Un der lying ac ts const i tu ting cr imes against hu ma ni ty comm it tedin the context of a w ide spr ead and system atic at tack 16B.W ar crimes 20

(1) Co ntextua l elem ents of w ar crimes 21(2) Un der lyin g acts cons ti tut ing w ar crimes in the context of anarmed confl ict not of an intemational character or in relat ionthereto 23III. Whether there are reasonable grounds to be l ieve tha t Mr. Ntaganda i scriminally respo nsible for the crimes pres ented in the Ap plication 26IV. Whether the requirements to issue a warrant of arrest for Mr. Ntagandahav e been me t 33V. Con clusion 34

N o.ICC -01/04-02/06 3/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 3/38 NM PT


4/38

PRE-TRIAL CHA M BER II (the Cham ber ) of the Internat ional Criminal Cou rt(the Co urt ) ren de rs this decision on the Pro secu tor 's Ap plication xmderArt ic le 58 ( the Prosecu tor ' s Ap pl ica t ion or Appl ica t ion ) ,* wh ereby theProsecutor^ sou gh t the issuance of a second w arr an t of arrest against BoscoN taganda (Mr . Ntaga nda) .1. O n 3 M arch 2004, the si tuation in the Dem ocratic Repu blic of the Co ngo( DRC ), from which the case against Mr. Ntaganda arises, was referred to theProsecutor by the DRC in accordance with art icles 13(a) and 14 of the RomeStatu te (the Statute ).^2. On 5 July 2004, the si tuation wa s assigned to Pre-Trial Ch am ber I.3. On 22 A ug us t 2006, Pre-Trial Ch am ber I issued the Decision on theProsecu tion Ap plication for a W arran t of Arrest ,^ along w ith a corre spo ndin gw arra nt of arrest for M r. Ntaganda,6 for his al leged resp onsibil i ty for the w arcrimes of conscripting, enlist ing children under the age of fif teen and using themto participate actively in hostilities under either article 8(2)(b)(xxvi) or article8(2)(e)(vii) of the Statute.

' Prosecutor's Application under Article 58 with Confidential Ex Parte Annex A and Annexes 1.1 to 26.6,14 May 2012, ICC-01/04-611-Conf-Exp. A public version was filed on 14 May 2012 (ICC-01/04-611-Red),a corrigendum on 15 May 2012 (notified on 16 May 2012) (ICC-01/04-611-Conf-Exp-Corr) and acorrigendum to the public version on 14 May 2012 (notified on 15 May 2012) (ICC-01/04-611-R ed-Corr).^On 15 June 2012 M s. Fatou Bensouda was sworn in as the Prosecutor of the Court.^Letter of Referral of the DRC Situation to the ICC by Joseph Kabila, dated 3 March 2004, annexed to theProsecutor's Application for Warrants of Arrest, Article 58, 12 January 2006 (notified on 13 January 2006),ICC-01/04-98-US-Exp-Anxl.* Presidency, Decision assigning the Situation in the Democratic Republic of Congo to Pre-TrialChamber I , ICC-01/04-1.^ Pre-Trial Chamber I, Decision on the Prosecution Application for a Warrant ofArresf',22 August 2006,ICC-01/04-02/06-l-US-Exp-tEN; and Redacted version, 6 March 2007, ICC-01/04-02/06-1-tENG-Red.6Pre-Trial Chamber I, W ana nt of Anest - Corrigendum , 7 March 2007, ICC-0 l/04-02/06-2-Con--tENG-Red.N o.ICC-01/04-02/06 4/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 4/38 NM PT


5/38

4. O n 15 M arch 2012, the si tuation in the DRC w as re-assigned to theChamber.^5. O n 14 M ay 2012, the Prosec utor filed an Ap plication for a second w arr an tof arrest against Mr. Ntaganda for his individual criminal responsibil i ty for(1) crimes against hu m an ity of m urd er, rape/se xual slavery a nd persec utionbased on ethnic grounds under art icles 7(l)(a), 7(l)(g) and 7(l)(h) of the Statute;and (2) war crimes of murder, intentional at tacks against civil ians, pi l laging andrape/sexual slavery under articles 8(2)(c)(i), 8(2)(e)(i), 8(2)(e)(v) and 8(2)(e)(vi) ofthe Statute.6. For the sake of ruling on the Ap plication, the Ch am ber shall exam ine:(i) jurisd iction of the C ou rt an d ad mis sibility of the case; (ii) w he th er th ere a rereasonable grounds to believe that one or more crimes outl ined in theApplication have been committed; ( i i i ) whether there are reasonable grounds tobelieve that Mr. Ntaganda is criminally responsible for the crimes presented inthe Application; and (iv) whether the requirements to issue a warrant of arrestfor Mr. Ntaganda have been met .I . lur isd ic t ion of the Cou rt and adm issibi l i ty of the case

A. Jur isd ic t ion of the Co urt7. Article 19(1) of the Statu te pr ov ide s tha t [t]he C ou rt shall satisfy itselfthat i t has jurisdict ion in any case brought before i t . Consequently, an ini t ialdetermination as to whether the case against Mr. Ntaganda fal ls within the

^Presidency, Decision on the constitution of Pre-Trial Chambers and on the assignment of the DemocraticRepublic of the Congo , Darfur, Sudan and Cte d'lvoire situations , 15 March 2012, ICC -01/04-02/06-32.^Prosecuto r's Application, p . 5.N o.ICC -01/04-02/06 5/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 5/38 NM PT


6/38

Jurisdict ion of the Court is a prerequisi te for the issuance of a warrant of arrestagainst him.^8. For a crime to fall w ithin the C ou rt 's jurisdictio n, it is nec essa ry tha t thefollowing three criteria are met: (i) the crime must be one of the crimes set out inarticle 5 of the Sta tute (jurisdiction ratione materiae); (ii) the crime m us t ha ve bee ncommitted within the timeframe specified in article 11 of the Statute (jurisdictionratione temporis); (iii) the crime must satisfy one or the other of the two criterialaid d ow n in art icle 12 of the Statute, nam ely, i t m ust ei ther ha ve been com mittedon the territory of a State Party to the Statute or by a national of that State, orhave been committed on the terri tory of a State which has made a declarat ionun de r article 12(3) of the Statu te or by natio nals of tha t State.*o The C ha m be r'sfindings on these three condit ions are based on the Application and the evidenceor other information submitted by the Prosecutor.

9. W ith reg ard to the first condit ion, the Ch am ber is sat isfied that the crimesMr. Ntaganda a l legedly commit ted const i tu te cr imes against humani ty and warcrimes as defined in the Statute. The Chamber observes that: murder consti tutesa crime again st hu m an ity un de r art icle 7(1 )(a) of the S tatute as well as a w arcrime under article 8(2)(c)(i) of the Statute; rape and sexual slavery constitutecrimes against humanity under art icle 7(l)(g) of the Statute as well as war crimesxmder art icle 8(2)(e)(vi) of the Statute; persecution on ethnic grounds consti tutesa crime against h um an ity un de r art icle 7(1 )(h) of the Statute; intentional at tacksagainst the civilian population constitute a war crime under article 8(2)(e)(i) ofthe Statute; and pil laging consti tutes a war crime under art icle 8(2)(e)(v) of the

s Pre-Trial Chamber III, Decision o n the Pros ecuto r's Application for a Warrant of Arrest against Jean-Pien-e Bemba Gom bo , 10 June 200 8, ICC-01/05-01/08-14-tENG, para. 11.'/^/f.,para. 12.N o.ICC -01/04-02/06 6/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 6/38 NM PT


7/38

Statute. The Chamber is therefore satisfied that the first condition relating tojurisdiction ratione materiae has been met.10. With respect to the second condition, nam ely the Co urt's jurisdictionratione temporis, the C ham ber note s that the Statute en tered into force for the DRCon 1July 2002. Hen ce, as the A pplication refers to cond uct alleged to ha ve takenplace between September 2002 and September2003,the Cham ber is satisfied thatthe second condition has been met.11. Regard ing the third condition, the Cham ber is satisfied that the crimeswere committed on DRC territory, and the Chamber accordingly concludes thatthe C our t ha s jurisdiction ratione loci un de r article 12(2)(a) of the Statute.12. For these reasons, the Cham ber concludes that the case againstMr. Ntag and a falls w ithin the jurisdiction of the Co urt.

B. Ad m issibility of the case13. The second sentence of article 19(1) of the Statute pro vid es tha t the Courtmay, on its own mo tion, determ ine the adm issibility of a case in accordance witharticle 17 of the Statute. The Chamber does not consider it necessary to examinethe ad missib ility of the case at this stage of the proceedings.**

See also Pre-Trial Chamber II, Decision on the Prosecutor's A pplication for Summons to Appear forWilliam Samoei R uto, Henry Kiprono Kosgey and Joshua Arap S ang , 8 March2011,ICC-01/09-01/11-01,para. 12.No.ICC-01/04-02/06 7/38 13Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 7/38 NM PT


8/38

IL W he the r the re a re reasonab le g rounds to be l i eve tha t one o r morec r imes ou t l ined in the Appl i ca t ion have been comm i t ted14. U nd er art icle 58(1 )(a) of the Statute, the Ch am ber shall dete rm ine w heth erthere are reasonable gro und s to be l ieve tha t the person concerned has comm it teda crime w ithin th e jurisdict ion of the Cou rt .15. It fol lows that the Ch am ber nee ds to analyse the Ap plication, the annex esand the summary of evidence presented by the Prosecutor (collectively, the

mater ia l ) in order to de termine w hether there are reasonable gro und s tobelieve that Mr. N tag an da has co mm itted the al leged crimes.*216. As previously determined by the jur isprudence of th is Cou rt ,* theexpression reasonable groun ds to be l ieve mu st be interpre ted in a ma nne r tha tis consistent with internationally recognised human rights (art icle 21(3) of theSta tute) . Accordingly, the Cham ber has borne in min d the reasonablesus picio n st an da rd u nd er article 5(1 )(c) of the E uro pe an Convention for theProtection of Hum an Rights and Fundamental Freedoms, whic h, as in terp ret ed by theEurope an Co urt of Hu m an Rights ( ECHR ), requi res the existence of somefacts or information which would sat isfy an objective observer that the personconcerned m ay h ave com mitted the offence .* * M oreov er, the C ham ber has alsobeen guided by the jur isprudence of the Inter-American Court of Human Rights

'^ The C hamber has only referred below to a part of the available material that suppo rts its overallconclusions.' Appeals Chamber, Judgment on the appeal oftheProsecutor against the 'Decision on the Prosecution'sApplication for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir' , 3 Febmary 2010, ICC-02/05-01/09-73, paras31and 39 . See also ICC-01/05-01/08-14-tENG, para. 24.' ICC-02/05-01/09-73, para. 31; ICC-01/05-01/08-14-tENG, para. 24; ECHR, Fox, Campbell and HartleyV. United Kingdom, Judgmenf', 30 August 1990, vol. 182, Series A, p. 16, para. 32; K-F. v. Germany,Judgment of 27 November 1997, Reports 1997-VII, para. 57; Labita v. Italy, Judgmenf', 6 April 2000,para. 155; Berktay v. Turkey, Judgmenf', 1 March 2001, para. 199; O'Hara v. United Kingdom,Judgmenf',16 October2001,para. 34.

N o.ICC -01/04-02/06 8/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 8/38 NM PT


9/38

( lACHR ) as regards the fundamental r ight to l iberty which is enshrined inarticle 7 of the American Convention on Human Rights.^^

A. Cr imes aga ins t hum ani ty17. In his Ap plication, the Prosec utor al leges that crimes agains t hu m an ityhave been committed in different locations in the DRC as follows:*6

Count 1M u rder Cons t i tu t ing Cr imes A ga inst H uma n i ty(Article 7(l)(a) and Article 25(3)(a) of tiie Statute)

From 1 September 2002 until 30 September 2003, Bosco NTAGANDA, as acoperpetrator coirmiitted crimes against humanity in the form of murder in thedistr ict of I turi , Province Orientale, Democratic Repub lic of Congo, inc luding themurder of at least two himdred civilian residents in Mongbwalu town and Sayovillage betw een 18 and 23 Novem ber 2002 and of at least three hu nd red and fif tycivilian residents in Lipri, Bambu, Kobu and surroimding villages between 17Febmary 2003 and 2 March 2003 by ie UPC/FPLC forces in violation of Article7(l)(a) and Article 25(3)(a) of tiie Statute.Count 4Rape and Sexual S lavery Cons t i tu t ing Cr imes Agains t Humani ty(Article 7(l)(g) an d A rticle 25(3)(a) of the Statute)

From 1 September 2002 until 30 September 2003, Bosco NTAGANDA, as acoperpetrator committed crimes against humanity in the form of rape and sexualenslavement in the distr ict of I turi , Province Orientale, Democratic Republic ofCongo, including in Mongbwalu town and Sayo village between 18 and 23November 2002 and Lipri, Bambu, Kobu and surrounding villages between 17February 2003 and 2 March 2003 by tiie UPC/FPLC forces in violation of Article7(l)(g) a nd Article 25(3)(a) of tiie Statute.Count 6Persecut ion Cons t i tu t ing Cr imes Agains t Humani ty(Article 7(l)(h) and Article 25(3)(a) of tiie Statute)

15 ICC-01/05-01/08-14-tENG, para. 24; see, for example, lACHR, Bamaca Velasquez v. Guatemala,Judgmenf',25 November 2000, Series C No. 70, paras 138-144; Loayza-Tamayo v. Peru, Judgmenf', 17September 1997, Series C No. 33, paras 49-55; Gangaram Panday v. Surinam, Judgmenf', 21 January1994,Series CNo.16,paras46-51.'6 Prosecutor's Application, pp. 12, 13.

N o. ICC-01/04-02/06 9/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 9/38 NM PT


10/38

From 1 September 2002 unti l 30 September 2003, Bosc o NT AGAND A, a s acoperpetrator committed cr imes against humanity in the form of persecution ofthe non-Hema population, pr imarily Lendu, in the distr ict of I tur i , ProvinceOrientale, Democratic Republic of Congo, in, inter al ia , Mongbwalu town andSayo vi l lage be tween 18 and 23 November 2002 and Lipr i , Bambu, Kobu andsur rounding vi l lages be tween 17 February 2003 and 2 March 2003 by theUPC/FPLC forces in violation of Article 7(l)(h) and Article 25(3)(a) of the Statute.

(1) Co ntextua l elem ents of crimes against hu m an ity18. U nd er article 7(1) of the Statu te, an act con stitute s a crime ag ainsthumani ty when commit ted as par t of a widespread or systemat ic a t tack di rec tedagain st any civilian po pu lati on . Article 7(2)(a) of the Statute defines an attackdirected against any civil ian po pu lation as a course of con duc t involv ing themultiple commission of acts referred to in paragraph 1 against any civil ianpopulation, pursuant to or in furtherance of a State or organizational policy tocommit such at tack .19. The reference to a w ides pre ad or systematic at tack has been interp reted asexcluding isolated or random acts from the concept of crimes against humanity.In this rega rd, the adjective w ide sp rea d refers to the large-scale na tur e of theattack and the num be r of targeted persons *^, wh ile the adjective system aticrefers to the org anise d na ture of the acts of violence an d the improb abil i ty oftheir random occurrence .* The existence of a State or organisational policy is anelemen t from w hich th e systema tic na ture of an at tack m ay be inferred.*^

'^ ICC-01/05-01/08-14-tENG , para. 33.'^ Ibid' ' Ibid.N o.ICC-01/04-02/06 10/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 10/38 NM PT


11/38

An attack against a civilian population20. The Prosecutor contends tha t , be tween September 2002 and September2003, Mr. Ntaganda planned and commanded scores of co-ordinated mi l i ta ryattacks against the Lendu and other non-Hema tribes. The Union des PatriotesCongolais ( the UPC ) and the Forces Patriotiques pour la Libration du Congo ( theFPLC ) troops al legedly overran and ransacked their vi l lages and towns, ki l l ingand rapin g civilians across Ituri.^o To dem ons trate h is al legations the Prose cutorreported kil l ings of at least 800 Lendu and other non-Hema civil ians by theUPC/FPLC in late 2002 and early 2003 in Mongbwalu, Kilo, Kobu, Lipri , Bambuand surrounding Lendu vi l lages as wel l as to the thousands c ivi l ians tha t wereinjured and the population forced to live in the bush.^*21. O n the basis of the overall material pres ented , the Ch am ber finds thatthere are reasonable grounds to believe that dozens of vi l lages were at tacked bythe UPC/FPLC in Ituri between September 2002 and September 2003 whichresulted in a high number of civil ian deaths and a forced displacement of over140,000 people and in the crimes of murder, rape, sexual slavery and persecutionas outlined below.22 Specifically, attacks leading to the commission of said crimesappea r to have been carr ied out in M ongb walu and Sayo, be tw een 18 and 23November 2002, and in Lipr i , Bambu, Kobu and surrounding vi l lages, be tween17 Feb ruary an d 2 March 2003.^3 The Ch am ber further finds th at there are

Prosecutor's Application, para. 9.^' Prosecutor's Application, paras 11,49.^ Prosecutor's Application, Annex 12.1, ]42 ,Annex 25.20, p. 13, Annex25.21,pp. 9-10, Annex 25.24, p. 3, para. 8.^ Prosecutor's Application, Annex 19.1,para. 33-34, Annex20.1,pp. 532,Annex 25.16 pp. 33-36, Annex 25.20, pp. 17-20, Annex 25.25, p. 2.^ Prosecutor's Application, Annex 12.1,pp. 7-9, para. 24, Annex 25.17Corr, p. 237, Annex 25.18, pp. 34,2^ Prosecutor's Application, Annex 19.1,para. 33-34, Annex20.1,pp. 5-6, paras20-23,Annex25.1,pp. 24,

N o. ICC -01/04-02/06 11/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 11/38 NM PT


12/38

reasonable grounds to believe that these at tacks targeted the civil ianpopulation.24A State or organizational policy11 . The Prosecutor subm its tha t the requiremen t tha t the cr imes be commit tedpu rs ua nt to or in furthe ranc e of a State or org anis ation al po licy is met.^^ H econtends that the UPC/FPLC was a sophist icated and structured poli t ical-mi l i ta ry organisa t ion, akin to a government of a country, through which Mr.Ntaganda was able to commit crimes against humanity. Specifically, he submitstha t the UPC/FPLC (i) w as a well s t ruc tured organisa t ion in which M r. N tagan dafulfilled significant function s; (ii) ha d stru ctu red a nd efficient r epo rtin gmechanisms; (i i i ) had the technical means to ensure that information and orderswere effectively communicated up and down the established hierarchy; and (iv)had a hierarchy and st ruc ture permi t t ing an appropr ia te degree of de legat ion toFPLC officials.2623 . The Pros ecutor further subm its that the UPC /FPLC w as set u p to seekH em a poli t ical and mili tary do min ation over Ituri^^ and that , in the perio d fromSeptember 2002 to September 2003, i t executed i ts policy of at tacking the Lenduand o ther non -H em a po pu lation thro ug ho ut the terri tory of Ituri.^ In part icular,he contends tha t the UPC/FPLC intended cr iminal pol icy was madeunequivocally clear in a declarat ion which promulgated the decision to massacre

^ Prosecutor's Application, Annex4.1,pp . 77, 96, 97; Annex 5.4, p. 6; Annex 13.1,p p.12,13,paras 46-50;Annex 16.1,p. 6, paras 18, 19; Annex25.1,p. 24, para. 69; Annex 25.16, p. 33 ; Annex 25.17-Corr, pp. 240,241,para. 420; Annex 25.18, pp. 34, 38, 40; Annex 25.20, pp. 2, 3, 17-20; Annex26.1,pp. 3-5.^ Prosecutor's Application, para. 26.6Prosecutor's Application, paras 7, 27-29.

^ Prosecutor's Application, paras 3, 3 1.^ Prosecutor's Application, para. 30.N o. ICC-0 1/04-02/06 12/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 12/38 NM PT


13/38

the non -origin aires and to systematically loot and destru ct their properties.^^The Prosecutor further submits that the carefully planned modus operandi of theattacks and the ir ma gn itud e sh ow that a policy to comm it the crimes existed.^o24. This Ch am ber has established in i ts pre viou s decisions the followingelements as regards the State or organisational policy requirement: a) the at tackmust be thoroughly organised and fol low a regular pa t tern; b) i t must beconducted in furtherance of a common policy involving public or privateresources; c) i t can be implemented ei ther by groups who govern a specificterri tory or by an organisation that has the capabil i ty to commit a widespread orsystematic at tack against a civil ian population; and d) i t need not be explici t lydefined or formalised (indeed, an at tack which is planned, directed or organised- as opposed to spontaneous or isolated acts of violence - wil l sat isfy thisparticular criterion).3*25 . On the basis of the material prese nted and as outl ine d below , theChamber finds that there are reasonable grounds to believe that the at tacksagainst the c ivi l ian popula t ion were commit ted pursuant to an organiza t ionalpolicy.26. Ac cording to the material pres ented by the Pros ecutor, there arereasonable grounds to be l ieve tha t the UPC/FPLC was an organiza t ion underresponsible command and had an establ ished hierarchy a t the top of which thereis a president , Mr. Ntaganda as commander of opera t ions. Chief Kahwa asminister of defence, Mr. Floribert Kisembo as chief of staff, and several other

^' Prosecutor's Application, paras 4, 35.Prosecutor's Application, paras 49, 50.^' ICC-01/09-19-Corr, paragraphs 84-86, referring to the following decisions: ICC-01/04-01/07-717,paragraph 396; and ICC-01/05-01/08-424, paragraph 81.

N o. ICC-01/04-02/06 13/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 13/38 NM PT


14/38

m inister s an d officers.^^ Th ere are also reaso nab le gr ou nd s to believe tha t theUPC/FPLC possessed the means to carry out a widespread or systemat ic a t tackagainst the civilian population, as it had access to a significant amoxmt ofweapons,^^ to a ma np ow er poo l of trained mili tary pe rso nn el ,^ an d to l ines ofcommunication with those responsible on the field.^^ In light of the foregoing, theChamber considers that the UPC/FPLC qualifies as an organization within themeaning of article 7(2)(a) of the Statute.

27 . W ith reg ard to the policy element, the Ch am ber considers that there arereasonable grounds to be l ieve tha t the organiza t ion promoted a pol icy a imed a ttargeting non -origin aires civilians of Ituri , mainly Lend u, in ord er to expelthe m from the territory,36 elim inate them,^^ system atically lo ot an d b ur n theirpropert ies,^ w ith the ult imate goal of occupying the terri tory an d create the EtatIndpendant de l ' I turi .^^The widespread and systematic n atu re of the attack28 . The Pro secuto r sub mits that , from Septem ber 2002 to Sep temb er 2003, theUPC /FPLC co ndu cted large scale mili tary opera tions in Ituri in furtherance of theorganisational policy to assume mili tary control of the terri tory through the

^^Prosecutor's Application, Annex 1.1, p. 46; Annex 3.1, p. 76; Annex 3.2, p. 4; Annex 4.2, pp. 21, 24;Annex 5.1, pp. 32, 33; Annex 8.2, pp. 29-30; Annex 25.16, p. 18.Prosecutor's Application, Annex 5.2, p.2 1;Annex 5.7, p. 18; Annex 5.10, p.3 1;Annex 5.12, pp. 13-15;Annex 8.2, p. 50.^ P rosecuto r's Ap plication, Annex2.3,pp . 42-46; Annex 3.2, pp.41-43;Annex 4.2, pp. 44, 45; Annex 5.1,pp .33-35, 38; Annex 5.7, p. 18.^ Prosecutor's Application, Annex 4.2, p. 30; Annex 5.1, pp. 46, 47; Annex 5.3, p. 19; Annex22.1,pp. 68-69.6Prosecutor's A pplication, A nnex 2 .1, p. 97; Annex 2.4, pp.50-53;Annex 5.7, p. 18; Annex 5.12, p. 27;Annex 12.1,p. 6, para. 22; Annex 25.18, pp. 40, 41 .

^ Prosecutor's Application, Annex 24.4, pp. 2-3; Annex 2.2, p. 9; Annex 3.2, pp. 19, 20; Annex 25.16, pp.28,30; Annex 25.18, p. 40.^ Prosecutor's Application, Annex 24.4, pp. 2-3; Annex 5.3, p. 12; Annex 17.1,pp. 11, 12, para. 45.^' Prosecutor's Application, Annex 24.4, pp. 2-3; Annex 2.2, pp. 8, 9; Annex 5.12, p. 27; Annex 13.1,p. 14,para. 53.N o. ICC -01/04-02/06 14/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 14/38 NM PT


15/38

killing, persecution and rape of hu nd red s of civilians.^ He alleges that, as aresult of the attacks, at least 800 Lendu and other n on-H ema civilians were killedby the UPC/FPLC in late 2002 and early 2003 in Mongbwalu, Kilo, Kobu, Lipri,Bambu an d sur rou nd ing Lend u villages.^*29. The Prosecutor further subm its that the military operation s plan ned andcommanded by Mr. Ntaganda followed the same pattem and method: (i) thetargets of the attacks were Lendu and other non-Hema villages; (ii) theUPC/FPLC surrounded the villages; (iii) the villages were shelled with heavyartillery; (iv) the UPC/FPLC soldiers infiltrated the villages, killing everyoneperceived as being the enemy by small arms fire, machetes and knives; (v) theysubsequently pillaged and bumt the villages; (vi) they abducted women andraped them; and (vii) they attempted to capture and round up any Lendu orother non -Hem a p erson s that remained.^^30. On the basis of the material presen ted, the Cham ber concludes that thereare reasonable grounds to believe that the attack against the civilian populationwas widespread, as evidenced by the number of victims subjected to the attackand those who have been displaced as a result of such attack, as well as thedifferent locations targeted. *^ In pa rticular, the Chamber takes accoun t of th eviolence in late 2002 and early 2003 which resulted in the killings ofapproximately 800 civilians by the UPC/FPLC, including at least 200 in

*Prosecutor's Application, paras 9, 5 1.^ Prosecutor's Application, paras 11,49.^ Prosecutor's Application, paras 10 ,49.* Prosecutor's Application, Annex 16.1, p. 7, para. 24; Annex 17.1, p. 8, paras 28, 29 and p. 11,para. 44;Annex 18.1,p . 6, para. 20; Annex 19.1,p. 6, para. 22; Annex20.1,p . 6, paras 21 , 23; Annex25.1,pp . 24-25 ,para. 70; Annex 25.17-Con-, pp. 240, 241, para. 420; Annex 25.18, pp. 40-42; Annex 25.20, pp. 8, 18,19.No.ICC-01/04-02/06 15/38 13July 2012

ICC-01/04-02/06-36-Red 13-07-2012 15/38 NM PT


16/38

Mongbwalu and 350 in 26 locali t ies around Lipri , Bambu and Kobu,^ as well asthe d ispla cem ent of 60,000 persons.^^31 . M oreov er, the Ch am ber considers that there are reason able groxmds tobelieve that the at tack was also systematic as the perpetrators employed similarmeans and methods to at tack the different locations: they approached the targetssim ultaneo usly, in large num ber s, and from different directions,^6 th^y at tackedvil lages w ith h eav y w eap on s, ^ and systematically ch ased the po pu latio n bysimi lar methods, hunt ing house by house and into the bushes, buming a l lproperties and looting.^32. In view of the abov e, the Ch am ber finds that the contextu al elem ents forcrimes against humanity al leged in the Application have been sat isfied.(2) U nd erlyin g acts consti tut ing crimes against hu m an ity com mitted in thecontext of a widespread and systematic at tack33 . The Prosecutor a l leges tha t Mr. Ntag anda , as a co-perpet ra tor , commit tedcr imes against humani ty be tween September 2002 and September 2003 in theform of murder , rape , sexual s lavery and persecut ion on e thnic grounds of alarge number of civil ians - crimes punishable under art icles 7(l)(a), 7(l)(g) and7(l ) (h)of theSta tute .49

^ Prosecutor's Application, Annex 25.18, p. 42; Annex 25.1, pp. 24, 25, 32, paras 69, 70, 102; Annex25.16,p. 34; Annex 25.20, p p. 2, 3; Annex 15.1,p. 10, para. 36; Annex 16.1, p. 11,para. 4 1; Annex 17.1,pp .12, 13, para. 50.^ Prosecutor's Application, Annex25.1,pp . 24, 25, para. 70.^ Prosecutor's Application, Annex4.1,p. 96; Annex 11.1,p. 5, para. 18; Annex 16.1,p. 7, para. 24; Annex20.1,p. 6, paras2 1,2 3; Annex25.1,p. 24, para. 69; Annex 25.20, pp. 13, 17-19, paras 33, 56, 58, 59, 63.^ Prosecutor's Application, Annex 12.1, p. 6, para. 22; Annex 14.1, p. 7, para. 22; Annex 16.1, pp. 6, 7,paras 19, 22; Annex25.1,pp. 31, 32, paras 101,102; Annex 25.17-Con-, p.241,para. 420.^' Prosecutor's Application, Annex 5.3, p. 22; Annex 12.1, p. 7; Annex 15.1, pp. 8, 9; Annex25.1, p. 24,para. 69; Annex 25.18, p. 38; Annex 25.20, pp. 19, 20.* Prosecutor's Application, pp. 12, 13.N o. ICC-01/04-02/06 16/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 16/38 NM PT


17/38

Murder as a crime against humanity (Count 1)34. The Prosecutor submits tha t a t least 800 Lend u and other non -Hem acivil ians were reportedly kil led by the UPC/FPLC in late 2002 and early 2003 inMongbwalu, Ki lo , Kobu, Lipr i , Bambu and surrounding Lendu vi l lages, oi^part icular, i t is al leged that people were kil led during the six-day mili tary at tack,as describ ed bel ow , in Mongbw alu^* an d in Sayo. ^ n [ further alleged tha tpeople were kil led in Lipri , Bambu, Kobu and surroundings,^^ including at least47 unarmed civil representat ives of the Lendu community.^^35 . Follow ing a careful analysis of the ma terial available, the Ch am ber issat isfied that there reasonable grounds to believe that murders were committedas par t of the a t tacks namely those in Mongbwalu and Sayo between 18 and23 N ovem ber 2002 and Lipr i, Bambu, Kobu an d s urro un ding vi l lages be twe en17 Febm ary and 2 March 2003.36 . Specifically, accord ing to the material pres ented , the physical perpe trato rstargeted and kil led civil ians as part of the at tacks in Mongbwalu, with firearmsor, for those w ho ha d n ot fled, w ith mac hetes an d spears.^^ Civil ians were thenrepo rtedly slau gh tered in Sayo in the M un gu Sam aki church.^6 n- app ears thatcivil ians were systematically kil led by the UPC/FPLC by the same methods inLipr i , Bambu, Kobu and surrounding vi l lages, e i ther by being shot dur ing the

Prosecutor's Application, paras 11,49.^' Prosecutor's Application, paras 54, 60-62, 65, 66.^ Prosecutor's Application, paras 68, 70, 7 1.^ Prosecutor's Application, paras 74, 8 1, 83, 85, 94, 96.^ Prosecutor's Application, paras 74, 91.^^Prosecutor's Application, Annex 25.1, p. 32, para. 102; Annex 25.16, pp. 33-34; Annex 25.18, p. 38;Annex 25.20, p.13,para. 33.6Prosecutor's Application, Annex 4.1 , pp. 75-79; Annex25.1, p. 32, para. 102; Annex 25.16, pp. 3 3, 34;Annex25.18, pp. 39, 40.

N o.ICC-01/04-02/06 17/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 17/38 NM PT


18/38

mili tary operations or executed during the subsequent manhunt in the bushes,^^or after h avin g be en detained.^ In part icular, civi l ians w ho part icip ated to apacification m eetin g in Sangi w ere repo rtedly arrested an d m assac red in Kobu.^^Rape and sexual slavery as crimes against humanity (Count 4)37. The Pros ecutor sub m its that , from September 2002 to Septem ber 2003,Lend u and other non -H em a female c ivil ians were abdu cted, systemat ical lyraped, and subjected to other forms of sexual violence as part of the UPC/FPLCpolicy to gain control over Ituri.6o38 . On the basis of the facts prese nted in the material , the Ch am ber finds thatthere are reasonable grounds to believe, that crimes of rape and sexual slaverywere committed as part of the at tacks in different locations in Ituri , namely theincidents in Mongbwalu and Sayo between 18 and 23 November 2002 and Lipr i ,Bambu, Kobu and surrounding vil lages between 17 February and 2 March 2003.6*39 . The Ch am ber notes tha t a mem ber of the UPC/FPLC al legedly encouragedthe troops before the Mongbwalu at tack by saying that they would find lots ofmoney and women the re .62An un kn ow n num ber of c ivi lians were a lsorepor tedly rape d b etween 18 and 20 Feb ma ry 2003 dur ing the a t tacks of Lipr i,Bambu, Kobu and Nyangaraye and then for several days after 25 February 2003^ Prosecutor's Application, Annex 8.1, p. 8; Annex 13.1,p. 13, paras 50,5 1;Annex 17.1,p. 9, paras3 1,32;Annex 18.1,p. 8, para. 31 ;Annex25.1,pp. 24, 25, paras 69, 70; Annex 25.17-Corr, pp. 240,241,para. 420;Annex 25.20, pp. 2, 3, 16-19.^ Prosecutor's Application, Annex 4.3, pp. 10, 11;Annex 5.5, p. 15; Annex 5.13, pp. 4-7; Annex 10.1,p. 9,para. 37; Annex 11.1,p . 7, paras 24, 25 , 35, 40; Annex 12.1,pp. 9, 10, paras 37,41;Annex 13.1,pp. 14, 15,paras 56, 58; Annex 19.1,pp. 9, 10, paras 36, 37; Annex 25.17-Corr, p.241,para. 420.^' Prosecutor's Application, Annex 5.13, pp. 8-33; Annex 10.1, p. 10, para. 41; Annex 11.1,p. 7, paras 24,25 ,35, 40; Annex 15 .1, p. 10, para. 36; Annex 16.1, p. 11, paras 40, 41; Annex 17.1, pp. 12, 13, paras 49-51 ;A nnex 20 .1, pp. 9-11, paras 33-37, 40; Annex 25 .1, p. 24, para. 69; Annex 25.17-Con-, p. 24 1, para.420;Annex 25.20, pp. 18, 19.60Prosecutor's Application, para. 100.6' See supra, paras2 1,30, 31.6 Prosecutor's Application, Annex4.1,p . 70.N o.ICC -01/04-02/06 18/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 18/38 NM PT


19/38

in the village s of Jitchu, Buli an d surroxmdings.63 A cco rdin g to tw o w itness es,wo me n w ere deta ined and ra ped by the UPC/FPLC after the a t tacks of Kobu an dsurroundings.6440. Co ncern ing sexual slavery, the findings of the Ch am ber that acts of sexualslavery as cr imes against humani ty were commit ted by the UPC/FPLC aresupported by the two wi tnesses ' s ta tements to the effec t tha t women were rapedand taken away dur ing the a t tacks of Kobu and surroundings6and by othercircumstantial proof.66Ho wev er , th is f inding of the C ham ber i s w i thoutprejudice to any determination to be made at later stages of the proceedings onthe sufficiency of the sup po rtin g m aterial concerning the crime of sexual slavery.Persecution as a crime against human ity (C ount 6)41. The Pros ecuto r al leges that the UPC /FPLC attacks targeted an dpersecuted the non -He m a pop ula t ion, pr imari ly the Lendu, f rom 1 September2002 until 30 September 2003 in the district of Ituri.6742 . In this rega rd, the Ch am ber takes note that the Prose cutor does no t specifywhich underlying conduct forms the basis for the crime of persecution underCount 6 of his Appl ica t ion. However , the Chamber wi l l re ly on the under lyingacts of murder, rape and sexual slavery, as well as on the war crimes, as outl inedbelow, commit ted dur ing the inc idents expressly pleaded by the Prosecutor insupport of his a l legat ions against Mr. Ntaganda. Regarding the aforement ioned

6 Prosecutor's Application, Annex 25.17-Corr, pp. 240,241,para. 420.^ Prosecutor's Application, Annex 10.1,pp. 8, 9, paras 32 -35; Annex 11.1,p . 8, paras 27, 28.6 Ib id.66Ib id6 See e.g. Prosecutor's Application, paras 3, 9, 10, 52, 54,61,6 2, 73, 74, 82, 83, 85, 101.N o.ICC -01/04-02/06 19/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 19/38 NM PT


20/38

crimes, the Chamber finds that there are reasonable grounds to believe that theywere pe rpetra ted prima rily on ethnic grounds.6(3) Conclusion43. In light of the foregoing, the Cham ber concludes that there are reasonablegroxmds to believe that the crimes against humanity of murder, rape and sexualslavery and persecution on ethnic grounds - punishable under articles 7(l)(a),7(l)(g) and 7(l)(h) of the Statute - were com mitted by the UPC/FPLC against thenon-Hema popu lation, in M ongbwalu and Sayo between 18 and 23 Novem ber2002 and in Lipri, Bambu, Kobu and surrounding villages between 17 Febmaryand 2 March 2003, as part of a widespread and systematic attack against thecivilian population and pursuant to the organisational policy.

B.War crimes44. In the App lication, the Prosecutor alleges that wa r crimes hav e beencom mitted in different locations in the DRC as follows:6^

Count 2Murder Cons t i tu t ing War Cr imes(Article 8(2)(c)(i) and Article 25(3)(a) of tiie Statute)From 1 September 2002 until 30 September 2003, Bosco NTAGANDA, as acoperpetrator committed war crimes in the form of murder in the distr ict of I turi ,Province Orientale, Democratic Republic of Congo, including the murder of atleast two hundred civilian residents in Mongbwalu town and Sayo villagebetw een 18 and 23 Novem ber 2002 and of at least three hund red and fifty dvi lianresidents in Lipri, Bambu, Kobu and surrounding villages between 17 February2003 and 2 March 2003 by the UPC/FPLC forces in violation of Article 8(2)(c)(i)and Article 25(3)(a) of tiie Statute.

68 See e.g. Prosecutor's Application, Annex 4.3, p. 11; Annex 10.1, p. 8, para. 32; Annex 11.1, pp. 7, 10,paras 25, 35 ; Annex 15.1,p. 9, para. 35; Annex 17.1,p. 12, para. 49; Annex 18.1,pp. 7, 8,10, paras 23, 31,37 ;Annex 25.16, pp. 3 3, 34; Annex 25.18, p. 38.6 Prosecutor's Application, pp. 12, 13.No.ICC-01/04-02/06 2 0 / 3 8 13July 2012

ICC-01/04-02/06-36-Red 13-07-2012 20/38 NM PT


21/38

Count 3Attack agains t a Civ i l ian Populat ion Cons t i tu t ing War Cr imes(Article 8(2)(e)(i) and Article 25(3)(a) of tiie Statute)From 1 September 2002 until 30 September 2003, Bosco NTAGANDA, as acoperpetrator committed war crimes in the form of intentionally directing attacksagainst the civilian population in the distr ict of I turi , Province Orientale,Democratic Republic of Congo, including in Mongbwalu town and Sayo villagebetween 18 and 23 November 2002 and Lipri, Bambu, Kobu and surroundingvillages betwee n 17 Feb ma ry 2003 and 2 March 2003 by the UPC/FPLC forces inviolation of Article 8(2)(e)(i) and Article 25(3)(a) of the Statute.

Count 5Rape and Sexual S lavery Cons t i tu t ing War Cr imes(Article 8(2)(e)(vi) and Article 25(3)(a) of tiie Statute)

From 1 September 2002 until 30 September 2003, Bosco NTAGANDA, as acoperpetrator committed war crimes in the form of 8(2)(e)(vi) in the district ofIturi, Province Orientale, Democratic Republic of Congo, in, inter alia,Mongbwalu town and Sayo village between 18 and 23 November 2002 and Lipri,Bambu, Kobu and surrounding villages between 17 February 2003 and 2 March2003 by the UPC/FPLC forces in violation of 8(2)(e)(vi) and Article 25(3)(a) of tiieStatute.Count 7

Pi l lag ing Cons t i tu t ing War Cr imes(Article 8(2)(e)(v) and Article 25(3)(a) of the Statute)From 1 September 2002 until 30 September 2003, Bosco NTAGANDA, as acoperpetrator committed war crimes in the form of pillaging in the distr ict ofIturi, Province Orientale, Democratic Republic of Congo, in, inter alia,Mongbwalu town and Sayo village between 18 and 23 November 2002 and Lipri,Bambu, Kobu and surroimding villages between 17 February 2003 and 2 March2003 by tiie U PC/FPL C forces in vio lation of Article 8(2)(e)(v) and Article 25(3)(a)of the Statute.

(1) Con textual elements of war crimes45. Articles 8(2)(c) and 8(2)(e) of the Statute set forth the crimes com mitted inthe context of an armed conflict not of an international character. Pursuant toarticles 8(2)(d) and 8(2)(f) of the Statute, articles 8(2)(c) and 8(2)(e) do not applyto situations of intem al disturbances and tensions, such as riots, isolated and

No.ICC-01/04-02/06 21 /38 13July 2012

ICC-01/04-02/06-36-Red 13-07-2012 21/38 NM PT


22/38

sporadic acts of violence or other acts of a similar na tu re. Article 8(2)(f) furtherprov ides that such arm ed conflicts take place in the territory of a State whenthere is protracted armed conflict between governmental authorities andorganized arm ed g roups or between such groups.46. The Prosecutor submits that there are reasonable gro un ds to believe thatan armed conflict not of an international character took place in Ituri during theperiod covered by the charges, relying on the findings of Trial Chamber I in theLubanga Judg em ent of14March 2012.^047. As outlined below, the Cham ber finds on the basis of the materialpresented that there are reasonable grounds to believe that the contextualelements for w ar crimes alleged in the App lication hav e been satisfied.48. The Cham ber finds that there are reasonable groxmds to believe that,during the period of at least September 2002 to September 2003, a protractedarmed conflict of a certain level of intensity, within the meaning of article 8(2)(f)of the Statute, took place between the UPC/FPLC, the Front NationalisteIntegrationniste (the FN I ) and othe r organised arm ed groups.^*49. The Cham ber is of the view that there are reasonable gro un ds to believethat the UPC/FPLC and the FNI had a hierarchical structure which allowed themto act xmder a responsible command with operational and disciplinary powersand a sufficient level of internal organisation. In particular, the Chamber refers toits findings on the organizational policy^ as to the existence of reasonablegroun ds to believe that the UPC/FPLC w as xmder responsible com mand and hadan established hierarchy. Similarly, the Chamber considers that there areProsecutor's Application, para. 140.^' See infra, p aras 49-50.

^ See supra, paras 25-27.No.ICC-01/04-02/06 2 2 / 3 8 13Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 22/38 NM PT


23/38

reasonable grounds to be l ieve tha t the other armed groups involved, inc ludingthe FNI, were organised hierarchically and had the abil i ty to plan and executemilitar y op erations.^^50 . The Cha mb er a lso considers tha t there are reasonable gro un ds to be l ievethat both groups resorted to armed violence of a certain intensity over apro long ed p eriod of time.^^ Both armed gro ups rep orted ly con trolled parts of theterri tory of Ituri , wh ich ena bled them to plan and carry ou t mili tary operations.^^(2) U nd erlyin g acts cons ti tut ing w ar crimes in the context of an arme dconflict not of an intem ation al ch aracter or in relation there to51. The Prosecutor al leges tha t Mr. N tagand a, as a co-perpet ra tor , commit tedwar crimes between September 2002 and September 2003 in the form of rhurder,at tack against a civil ian population, pi l laging, rape and sexual slavery of a largenumber of civilians - crimes punishable under articles 8(2)(c)(i), 8(2)(e)(i),8(2)(e)(v) and 8(2)(e)(vi) of the Statute.76Murder constituting a war crime (Count 2)52. In relat ion to m ur de r as a w ar crime, the Pros ecutor again sub m its that atleast 800 Lendu and other non-Hema civil ians were reportedly kil led by theUPC /FPLC in late 2002 and early2003.^^53 . The Ch am ber rei terates i ts f indings m ad e in relat ion to Co un t 1 as to theexistence of reasonable groxmds to believe that murders were committed, as

^ Prosecutor's Application, Annex25.1,p p. 48-50; Annex 25.16, pp. 23, 24; Annex 25.18, pp.21,22.^ Prosecutor's Application, Annex25.1,pp. 9-15,52-63;Annex 25.16, p. 27; Annex 25.18, pp. 34-68.^ Prosecutor's Application, Annex 1.1, pp. 14, 75; Annex 25.16, p. 30, Annex 25.18, p. 35.6Prosecutor's Application, pp. 12, 13.

^ Prosecutor's Application, paras 11,49. See also supra, para. 34.N o.ICC -01/04-02/06 23/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 23/38 NM PT


24/38

established above,7 in the at tacks on Mongbwalu and Sayo between 18 and23 No vem ber 2002 and Lipr i, Bambu, Kobu a nd s urro und ing vi l lages be tw een17 Fe bru ary an d 2 Ma rch 2003.^9Attack against a civilian population constituting a war crime (Count 3)54 . The Prosecutor subm its tha t the UPC/FPLC t roops a t tacked the non-H em acivi l ian popula t ion across I tur i , overrunning and ransacking vi l lages and towns,killing and raping civilians,.o55 . Ha ving exam ined the mater ia l subm it ted by the Prosecutor , the Cham berfinds that there are reasonable groxmds to believe that at tacks carried out by theUPC/FPLC, in Mo ngb wa lu and Sayo, be tween 18 and 23 N ovem ber 2002, and inLipri , Bambu , Kobu an d su rrou ndin g vi l lages, be twe en 17 February and 2 M arch2003, targeted the civilian population.*Rape and sexual slavery constituting war crimes (Count 5)56. In relat ion to rap e and sexual slavery as w ar crimes, the Pros ecutor againsubmits tha t Lendu and other non-Hema female c ivi l ians were abducted,systematically raped, and subjected to other forms of sexual violence as part ofthe UPC/FPLC policy to gain control over Ituri.257. The Ch am ber rei terates i ts f indings mad e in relat ion to Co un t 4 as to theexistence of reasonable grounds to believe that rape and sexual slavery were

^ See supra, paras 34-36.^ See supra, para. 35.ICC-01/05-01/08-14-tENG, paras 9, 11,4 9.^' Prosecutor's Application, Annex4.1,pp . 77, 96, 97; Annex 5.4, p. 6; Annex 13.1,p p.12,13,paras 46-50;Annex 16.1,p. 6, paras 18, 19; Annex25.1,p. 24, para. 69; Annex 25.16, p. 3 3; Annex 25.17-Corr, p p. 240,241,para. 420; Annex 2 5.18, pp. 34, 38, 40; Annex 25.20, pp. 2, 3, 17-20; Annex26.1,p p. 3-5.'^ Prosecutor's Application, para. 100. See also supra, para. 37.

N o.ICC -01/04-02/06 24/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 24/38 NM PT


25/38

commit ted, as establ ished above, in different locations in Ituri , nam elyMongbwalu and Sayo between 18 and 23 November 2002 and Lipr i , Bambu,Kobu and sur rou nd ing vi l lages be twee n 17 Feb ma ry and 2 March 2003.Pillaging co nstituting a w ar crime (Cou nt 7)58 . The Prosecutor subm its tha t UPC/FPLC forces comm it ted wa r cr imes bysystemat ica l ly pi l laging and burning non-Hema vi l lages dur ing the a t tacks ofMongbwalu and Sayo, be tween 18 and 23 November 2002, and of Lipr i , Bambu,Kobu and surroxm ding vil lages, betw een 17 Fe bm ary and 2 M arch 2003.^59. On the basis of the ma terial pres ented , the Ch am ber conclu des that thereare reasonable grounds to believe that , during the at tacks charged in theApplication, acts of pi l lage consti tut ing a war crime were committed. Thematerial sufficiently demonstrates that pi l laging was an essential part of theat tacks of towns and vi l lages in Mongbwalu and Sayo, be tween 18 and23 N ov em ber 2002, and in Lipri, Bambu, K obu a nd surroxm ding vil lages,be tween 17 February and 2 March 2003, being author ised and supported byc o m m a n d e r s .5The C ham ber notes , in part icu lar, explici t references to th epersonal war booty of Mr. Ntaganda.6(3) Conclusion60. In l ight of the foregoing, the Ch am ber conside rs that there are reasona blegrounds to believe that the al leged crimes were committed in the context of thearmed conflict in Ituri and in association with this conflict. The alleged crimes of'^ See supra, paras 37-40.^ *Prose cutor's A pplication, paras 10, 52, 64, 65, 68, 82, 97, 98.'^ Prosecutor's Application, Annex 3.1, p. 28; Annex 4.1, p. 96; Annex 5.2, pp. 23, 26-28; Annex 5.11,pp .34, 3 5; Annex26.1,pp. 3-5.6 Prosecutor's Application, Annex3.1,p p. 26-28.

N o.ICC -01/04-02/06 25/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 25/38 NM PT


26/38


27/38

64. Accord ing to the Prosecutor , Mr. N tagan da helped devise and implem entthe UPC's pol icy to conquer the I tur i region through mi l i ta ry means. Mr. N tagan da com m and ed a ll FPLC sectors and b r igades, an d a ll mi l i taryoperations. Furthermore, he recruited soldiers, visi ted and inspected the troopsand the t ra ining camps, procured and dist r ibuted weapons and ammuni t ion andwas in constant communication up and down the chain of command.^o65 . In par t icular , the Prosecutor a l leges tha t dur ing the M ong bw alu opera t ionin No vem ber 2002, Mr. Nta gan da deployed t roops, br iefed th em a nd g ave themspecific instructions to carry out criminal act ivi t ies. Furthermore, he briefed thesoldiers of their tasks ahead; he told them to at tack Mongbwalu and retake i t^*and gave orders to shoot at the people.^^66 . Follow ing a careful analysis of the material pres ente d, the Ch am ber findsthat there are reasonable grounds to believe that Mr. Ntaganda is criminallyresponsible as an indirect co-perpetrator (article 25(3)(a) of the Statute) for thecrimes against humanity of murder (art icle 7(l)(a) of the Statute), rape and sexualviolence (article 7(l)(g) of the Statute) and persecution (article 7(l)(h) of theStatute) and the war crimes of murder (article 8(2)(c)(i) of the Statute), attackagainst the civilian population (article 8(2)(e)(i) of the Statute), pillaging (article8(2)(e)(v) of the Statute) and rape and sexual violence (article 8(2)(e)(vi) of theStatute). The Chamber underl ines that this conclusion does not prejudice anysub seq uen t finding reg ard ing the app licabili ty of a different m od e of l iabil ity at alater stage of the proceedings.

'' Prosecutor's Application, para. 120.Prosecutor's Application, para. 121.Prosecutor's Application, para. 127.'^ Prosecutor's Application, para. 128.

No. ICC-01/04-02/06 27/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 27/38 NM PT


28/38

67. As established in the jurisprude nce of this and other cham bers, indirectco-perpetration requires the following objective and subjective elements: (i) thesuspect must be part of a common plan or an agreement with one or morepersons; (ii) the suspect and the other co-perpetrator(s) must carry out essentialcontributions in a coordinated manner which result in the fulfilment of thematerial elements of the crime; (iii) the suspect must have joint control over theorganisation; (iv) the organisation must consist of an organised and hierarchicalapparatus of power; (v) the execution of the crimes must be secured by almostautomatic compliance with the orders issued by the suspect; (vi) the suspectmust satisfy the subjective elements of the crimes; (vii) the suspect and the otherco-perpetrators must be mutually aware and accept that implementing thecomm on p lan w ill result in the fulfilment of the material elemen ts of the crimesand (viii) the suspect mu st be aw are of the factual circumstances en abling him toexercise joint control over the commission of the crime through anotherperson(s).^^ Fu rtherm ore, the Cham ber takes cognizance of th e Elements ofCrimes which establish that, for the alleged crimes against humanity, theperpetrator needs to know that the conduct was part of or intended the conductto be part of the widespread or systematic attack against a civilian populations^.

'^ Pre-Trial Chamber III, Confirmation of the Charges Decision , ICC-01/05-01/08 -424, paras 350-351;Pre-Trial Chamber II Decision on the Confirmation of the Charges Pursuant to Article 61(7)(a) and (b) ofthe Rome Statute against William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang ('Decisionon the Confirmation of the Charg es'), ICC-01/09-01/11-373 , para. 292; Pre-Trial Chamber II, Decision onthe Confirmation of the Charges Pursuant to Article 61(7)(a)and (b) of the Rom e Statute in the caseagainst Francis Kirimi Muthaura, Uhum Muigai Kenyatta and Mohamed Hussein AH ('Kenya II Decisionon the Confirmation of the Charges'), ICC-01/09-02/11-382-Red, para. 297. See also: Pre-Trial Chamber I,Decision on the confirmation of charges , ICC-01/6-01/07-717, p aras 500-514 , 527-539; Pre-TrialChamber I, Decision on the Prosecution's Application for a Warrant of Arrest against Omar HassanAhmad Al Bashir ('Arrest W arrant Decision'), ICC-02/05- 01/09-3, paras 209-213.'^ See the Element ofCrimesfor article 7(1 )(a) para. 3, article 7(l)(g )-l para. 4 and article 7(l)(g )-2 p ara. 4and article 7(1 )(h) para. 6.

No.ICC-01/04-02/06 2 8 / 3 8 13July 2012

ICC-01/04-02/06-36-Red 13-07-2012 28/38 NM PT


29/38

In equal measure, for war crimes the person needs to be aware of the factualcircumstances es tablishin g the existence of an a rmed conflict.^^68. The Cham ber finds that there are reasonable gro un ds to believe thatMr. N tagan da fulfils the requ isite elements of indirect co-perpetration.69. As established by the jurispruden ce of this Cou rt, the comm on plan oragreement does not need to be directed at the commission of a crime but has tocontain an elem ent of criminality .^670. The Cham ber is satisfied that there are reasonable gro un ds to believe thata plan existed between Mr. Ntaganda and other high-ranking members of theUPC/FPLC to occupy the territory of Ituri.^ This plan included the expulsion ofrivalling ethnicities of the region,sFurthermore, the C hamber finds that thecrimes allegedly committed were encompassed in the common plan.71. The Cham ber recalls the jurispm den ce of this Cou rt, according to whichan indirect co-perpetrator provides an essential contribution if he can frustratethe com mission of the crime by not p erforming his or he r tasks. ^ Furtherm ore,with regard to the mode of indirect co-perpetration, it suffices that thecontribution consists of activating the mechan isms which lead to the autom aticcompliance with their orders and, thus, the commission of the crimes. *^^

'^ See the Element of Crimes for article 8(2)(c)(i)-l para. 5, article 8(2)(e)(i) para. 5, article 8(2)(e)(vi)-lpara. 4, article 8(2)(e)(v) para. 5 and article 8(2)(e)(vi)-2 para. 4.6 Trial Chamber I, Lub anga Judgmenf', ICC-01/04-01/06-2842, para. 984; Pre-Trial Chamber I,Decision on the Confirmation of Charges , ICC-01/04-01/06-803-tENG, para. 344; Pre-Trial Chamber II,Decision on the Confirmation of the Charges , ICC-01/09-01/11-373, para. 30 1.'^ Prosecutor's Application, Annex 2.2, p. 10, lines 1-11.'^ Prosecutor's Application, Annex 2 .4, p. 53 , line 23 to p. 54, line 6.^ Pre-trial Chamber I, Decision on the Confirmation of the Charges , ICC-01/04-01/05-717, para. 525.' ^ Pre-Trial Chamber I, Decision on the Confirmation of Charges , ICC-01/6-01/07-717, para. 525; Pre-Trial Chamber II, Decision on the Confirmation of the Charges , ICC-01/09-01/11-373, para. 306.No.ICC-01/04-02/06 2 9 / 3 8 13July 2012

ICC-01/04-02/06-36-Red 13-07-2012 29/38 NM PT


30/38

72. The Cha mb er f inds tha t there are reasonable gro un ds tha t Mr. N tagan damade an essential contribution. He was involved in the creation of the UPC,^oithe bearer of the policy and provided an essential contribution to theaforementioned plan. Mr. Ntaganda played an essential role in the at tack onMongbwalu: he organised weapons and ammxmit ion for the a t tacks*02, heinstr ucte d th e soldiers himself before th e attack*03 an d pe rso nal ly led one gr ou pin one of the attacks.*04 Generally, he was also responsible for the distribution ofweapons,*05 inter alia for t he attac k o n Kobu.*o6 O n a stra teg ic lev el, he w as alsoimp licated in the plan ni ng of the military o per atio ns of the UPC/FPLC.*^ Thes eactions, aside from the fact of his formal posit ion within the UPC/FPLC as thedeputy chief ofstaff, suffice to show the essential character of his contributions.73 . The Ch am ber finds that there are reasonab le gr ou nd s to believe that , asout l ined below, Mr. Ntaganda had joint cont rol over the organisa t ion, whichconsisted of an organised an d hierarchal app ara tu s of pow er and in which orderswere executed by an almost automatic compliance.74. In this rega rd, the Ch am ber recalls i ts f indings in pa rag rap h 26, wh ereb y i testabl ished tha t the UCP/FPLC const i tu ted an organisa t ion wi thin the meaningarticle 7(2)(a) of the Statute. Furth erm ore, as stated in pa rag rap h 26 of the p resen tdecision, Mr. Ntaganda, as commander of opera t ions, be longed to the top levelof the hie rarc hy of the FPLC.*o The FPL C, as the a rm ed w ing , wa s h ighly

' ' Prosecutor's A pplication, Annex 8.2, p. 30, line 20 to p.31,line 11.'^Prosecu tor's Application, Annex 5.2, p. 2 1, lines 643r646; Annex4.1,p . 73, lines 17-21.'^Prosecu tor's Application, Annex 5.2, p. 20, line 596 to p.21 , line 611.' * Prosecutor's Application, Annex 5.2, p. 17, lines 500-502; Annex 2.3, p. 61, line 4 to p. 62, line 11;Annex4.1,p . 72, line 10 to p. 73 , line 5.'^Prosecu tor's Application, Annex 8 .1, p. 67, lines 11-19; Annex2.3,p . 70, line 20 to p. 72, line 1.'6 Prosecutor's Ap plication, A nnex 5.8, p . 7, lines 131-138.'^Prose cutor's Ap plication, A nnex 3.2, p. 6 5, lines 3-9, p. 66, line 18 to p. 67 , line 7.'^Prosecutor's Application, Annex 2.3, pp. 43, 44, 46; Annex 3.2, p. 64; Annex4.1,p. 77; Annex 5.2, p.18;Annex 5.8, pp. 7, 8; Annex 8.2, pp. 26, 50, 5 1.N o.ICC -01/04-02/06 30/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 30/38 NM PT


31/38

organised, imitating the structures of a national army,*09Y/^IY training camps**oand a strict hierarchy.*** Toge ther w ith other h igh-r ank ing m em ber s of theorganisa t ion Mr. Ntaganda managed the terr i tor ies under the control of theUPC/FPLC.**2 H e w as inv olved in the decision-m aking proce ss on the highes techelon, where the decision to start the at tack was made and specific combatplans were discussed,**3 qua his posit ion he h ad com m and ove r the officersinvolve d in the attack.**^ Furth er, the m aterial indicates that M r. Nta gan da w as inconstant contact with the president of the organisation, and that the lat ter heededhis advice.**^ The at tack o n M ong bw alu exemplifies the co ntrol M r. N tag an dahad over the organisation: he was personally in charge of the troops of theFPLC**6 an d led on e g ro up in the attack.**^ H e in stru cted the tro op s befo re theat tack, order ing tha t the Lendu popula t ion had to be dr iven out and tha t theyhad to at tack Mongbwalu and take i t back.**^ Furthermore, during his briefing ofthe t roops before the a t tack Mr. Ntaganda encouraged them to pi l lage the townof Mongbwalu.*2o i^ addit ion, there are reasonable grounds to believe that , dueto their posit ion and powers within and the strict hierarchy of the organization,Mr. Ntaganda and other high-ranking members of the organisa t ion were able to

'^Prosec utor's A pplication, Annex 4.2 , p. 22, lines 10-20, p. 24, lines 3-13. Prosecutor's Application, A nnex 3.2, p. 42, line 8 to p. 43 , line 11; Annex 5.1 p. 38 , line 24 to p. 39,line 5.' Prosec utor's Application Annex 5.1 p. 34, line 23 to p. 35, line 23 .^ Prosecutor's Application, Annex 1.1, p. 47, lines 5-18.^ Prosecutor's Application, Annex 8.3, p. 32, line13-21.*Prosecutor's Application, Annex 5.2, p. 18, lines 525-526.^ Prosecutor's Application, Annex2.3,p. 47, lines 14-23;Annex 8.3, p. 13, lines 20-24.6 Prosecutor's Application, Annex 8.3, p. 17, lines 6-8.^Prosecutor's Application, Annex 5.2, p. 17, lines 500-502; Annex 2.3, p. 61, line 6 to p. 62, line 11;Annex 25.16, pp. 34-35.^ Prosecutor's Application, Annex 5.2, p. 22, lines679-681.s Prosecutor's Application, Annex 5.2, p. 22, lines 668-669.'^ Prosecutor's Application, Annex 5.2, p. 22, lines 670-673; Annex4.1,p. 82, lines 5-9.

N o.ICC-01/04-02/06 31/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 31/38 NM PT


32/38

secure the execution of the crimes by almost automatic compliance of thephysical perpetrators with the orders given by them.*^*75. Con sidering the material presen ted, the Cham ber further finds that thereare reasonable grounds that Mr. Ntaganda satisfies the subjective elements of thealleged crimes p ur su an t to article 30 of the Statute. He kne w that the execution ofthe common plan would result in the commission of the alleged crimes.Furthermore, he was aware that he had joint control over the organisation. Mr.Ntaganda knew that his conduct was part of the widespread and systematicattack. He was also aware of the circumstances establishing the existence of anarmed conflict.76. This can be inferred from the overall factual circumstances. Thro ugh hisposition in the UPC/FPLC, his num erous meetings with the president and otherleaders of the organisation, Mr. Ntaganda was fully aware of the ongoingdevelopmen ts within the organisation. He personally participated in d evelopingstrategies for the attack. The Chamber recalls paragraph 26 of the presentdecision in which it found that Mr. Ntaganda was in constant communicationwith both his superiors and his subordinates, as well as paragrap h 72, in whichthe Chamber established the essential contributions of Mr. Ntaganda.Furthermore, Mr. Ntaganda provided speeches in training camps where heincited the soldiers to fight the enem y and vanq uish the enemy .^22 Onewitness stated that Mr. Ntaganda was in charge of a town in which a camp wasestablished, where women were abused, insulted, threatened to be killed.

'^' Prosecutor's Application, Annex 2.3, p. 30, line 25 to p. 32, line 22; Annex3 .1 p. 22, lines 19-22;Annex 3.2, p. 45, line 13 to p. 48, line 25; Annex 5.1 , pp. 46-47; Annex 5.7, p. 19, line 15; Annex 8.1, p.10,lines 3-5.' ^ Prosecu tor's Ap plication, Annex 8.1, p. 71 , line17to p. 7 2, line 5.N o.ICC-0 1/04-02/06 32/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 32/38 NM PT


33/38

subjected to forced labour and raped.*2 Ov erall , this sh ow s that he fullysupported the objectives of the organisation and actively worked on theirimplementa t ion. Due to his posi t ion wi thin the organisa t ion Mr. Ntaganda a lsoknew that his conduct was par t of a widespread and systemat ic a t tack againstthe dvi l ian popula t ion and was aware of the c i rcumstances establ ishing theexistence of an armed conflict.IV . W he the r the requ i rem ent s to i ssue a wa r ran t o f a r re s t fo r M r . Nta gand ahave been me t77. The Ch am ber notes that , according to art icle 58(1) of the Statute, a w arra ntof arrest shall be issued if the Chamber is sat isfied that there are reasonablegroxmds to believe that the person has committed a crime within the jurisdict ionof the Court and that the arrest of the person appears necessary: ( i) to ensure theperson's appearance at t r ial , ( i i ) to ensure that the person does not obstruct orendanger the investigation or the court proceedings or (i i i ) where applicable, toprevent the person from continuing with the commission of that crime or arelated crime which is within the jurisdict ion of the Court and which arises out ofthe same circu mstan ces. For the purp ose s of the arrest w arr an t i t is sufficient forthe Chamber to establish the existence of one of the requirements as set out inarticle 58(l)(b) of the Statute.78 . The Ch am ber has a l ready determine d tha t there are reasonable groxmds tobelieve that criminal responsibility under article 25(3)(a) of the Statute can beattributed to Mr. Ntaganda for the occurrence of the crimes against humanityand war crimes discussed in section II above.

'^^ Prosecutor's Application, Annex 25.2, pp. 23-24.N o. ICC-01/04-02/06 33/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 33/38 NM PT


34/38

79. In i ts application, the Prosec utor sub mits that the drc um sta nce s that ledthe Pre-Trial Chamber to issue a warrant of arrest on 22 August 2006 st i l l exist .Accord ingly, i t con tend s that the issuance of a w arr ant of arrest is necessary (i) toensure his appearance at t r ial ; ( i i ) to ensure that he does not obstruct or endangerthe investigation; and further (i i i ) to seek compliance with the arrest warrantalready in force.*280. The Ch am ber recognises that the arrest of M r. N tag an da st il l app earsnecessary to ensure his appearance at t r ial , to ensure that he does not obstruct orendanger the investigation and to prevent the commission of crimes within thejurisdiction of the Court pursuant to article 58(l)(b)(i)-(iii) of the Statute. TheChamber has reached this conclusion because Mr. Ntaganda, despi te cr iminalproceedings against him in the DRC and a first warrant of arrest of the Court ,rem ains a t large an d, acc ord ing to the ma terial presented,*^^ is still re po rted lyimplicated in abuses including ethnic massacres, ki l l ings, rapes and recruitmentof child soldiers.81 . O n the basis of the material i t has received and with ou t prejudice to anysubsequent decision under art icle 60 of the Statute and rule 119 of the Rules, theChamber f inds tha t the arrest of Mr. Ntaganda appears necessary pursuant toarticle 58(l)(b)(i), (ii) and (iii) of the Statute.V . Conc lus ion82. In view of the foregoing, the Ch am ber is sat isfied that there are reasonab legroxmds to believe that , between September 2002 and the end of September 2003,

' *P rosecutor's Application, para. 143.' ^ Prosecutor's A pplication, Annex 26 .6.N o.ICC -01/04-02/06 34/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 34/38 NM PT


35/38

Mr. Ntaganda is responsible under art icle 25(3)(a) of the Statute for the crimesidentified in para gr ap hs 17-61 of the presen t decision.83 . The Cha mb er therefore decides to i ssue a wa rran t for Mr. Ntag and a 'sarrest, pursuant to article 58(1) of the Statute.

N o.ICC -01/04-02/06 35/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 35/38 NM PT


36/38

FOR THESE REASONS, THE CHAMBER HEREBYDECIDESthat the case against Mr. Ntaganda fal ls within the jurisdict ion of the Court andthat a warrant of arrest appears necessary for his responsibil i ty under art icle25(3)(a) of the Statute, to the required standard, as an indirect co-perpetrator, forthe following crimes against humanity and war crimes committed in the IturiDistrict , Province Orientale of the Democratic Republic of the Congo, between1 September 2002 and the end of September 2003 as established by the statementof facts contained in paragraphs 17-61 of this Decision:(i) M ur de r co ns ti tu t in g a crime agains t hum an ity (art icle 7(1) (a) of the Statute)(Co unt 1);( i i ) Rape and sexual s lavery const i tu t ing cr imes against humani ty(article 7(l)(g) of the Statute) (Count 4);(ii i) Per sec utio n co ns ti tut io n a crime aga inst hu m an ity (art icle 7(1) (h) of theStatute) (Count 6);(iv) Murder consti tut ing a war crime (art icle 8(2)(c)(i) of the Statute (Count 2);(v) At tack again st the c ivi l ian popu la t io n co nst i tu t ing a w ar cr ime (ar tic le8(2)(e)(i) of the Statute) (Count 3);(vi) Rap e a nd sexu al slav ery co nsti tut in g w ar crim es (art icle 8(2) (e) (vi) of theStatute) (Count 5);(vii) Pil la gin g co ns ti tu t in g a w ar crime (art icle 8(2)(e)(v) of the Statute )(Co unt 7);

N o.ICC -01/04-02/06 36/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 36/38 NM PT


37/38

AC C O R D I NG L Y I SSUE S A W A R R AN T OF AR R E STFor Bosco N tagan da, bo m in Rwan da, exact da te and place un kow n;OR D E R S T HE R E GI ST R AR1) to prepare and transmit in consultat ion and coordination with the Prosecutor,a request for cooperation to the competent authori t ies of the DRC for the arrestand surrender of Bosco Ntaganda; this request should contain the informationand do cum ents as requir ed b y art icles 89(1) an d 91 of the Statu te and rules 176(2)and 187 of the Rules of Pro ced ure and Ev idence (the Rules );2) to prepare and transmit to any other State any addit ional request for arrestand surrender which may be necessary for the arrest and surrender of BoscoNtaganda to the Court pursuant to art icles 89 and 91 of the Statute;3) to prepare and transmit if the circumstances so require, a request forprovision al arres t in accordan ce w ith art icle 92 of the S tatute;4) to prepare and transmit to any State any request for transit which may benecessary for the surrender of Bosco Ntaganda to the Court , pursuant to art icle89(3) of the Sta tute;5) to l iaise with the Prosecution in order to invite the DRC and the Kingdom ofThe Nether lands to request an exempt ion f rom the t ravel ban imposed by theUN Securi ty Council and the Council of the European Union to al low thesurrender of Bosco Ntaganda to the Court and to enter the terri tory of TheNether lands; and[REDACTED]; and

N o. ICC-01/04-02/06 37/38 13 Ju ly 2012

ICC-01/04-02/06-36-Red 13-07-2012 37/38 NM PT


38/38

R E QUE ST S T HE PR OSE C UT OR

1) to transmit to the Chamber and to the Registrar, as far as the Prosecutor 'sconfidential i ty obligations al low, al l information available to her that may assistin avert ing any risks to vict ims and/or witnesses associated with the transmissionof the above-mentioned cooperation requests; and2) to transmit to the Chamber and to the Registry, as far as the Prosecutor 'sconfidentiality obligations allow, all information available to her that, in her view,would facil i tate the transmission and execution of the above-mentionedcoopera t ion requ ests .

Done in both English and French, the English version being authori tat ive.

Judge Ekater ina Trendlaf^ovaPres id ing Judge

^ t u ^ / M%zJudg e Hans-Pe te r Kaul Judge Cu no Tar fusse rJudge JudgeDated this 13 July 2012At The Hague, The Nether lands

ICC-01/04-02/06-36-Red 13-07-2012 38/38 NM PT

Sentencia Corte Penal Internacional - 13 de Julio de 2012

Documents

Transcript of Sentencia Corte Penal Internacional - 13 de Julio de 2012