Report on the activities of the Court (ICC-ASP/10/39)
Assembly of States Parties
New York, 12-21 December 2011
The present report provides an overview of the activities of the International Criminal Court (the “Court”) during the period 11 October 2010 to 3 October 2011.
The Court is seized of seven situations. Two new situations emerged during the reporting period: the situation in Libya, referred to the Court by the United Nations Security Council on 26 February 2011, and the situation in Côte d’Ivoire, where an investigation was opened following the authorization given by Pre-Trial Chamber III on 3 October 2011.
The Prosecutor is conducting preliminary examinations of eight situations in four different continents.
Five accused are in the custody of the Court and nine other persons have appeared before a Pre-Trial Chamber. The Court completed its first trial with the closing statements presented in the Lubanga case. The verdict is yet to be rendered by Trial Chamber I. Three confirmation of charges hearings were held; the corresponding decisions are pending.
Five new States acceded to or ratified the Rome Statute, and five States ratified the Agreement on Privileges and Immunities of the Court.
II. Judicial Proceedings
A. Situation in the Democratic Republic of the Congo (ICC-01/04)
The Prosecutor v. Thomas Lubanga Dyilo (ICC-01/04-01/06)
Mr. Thomas Lubanga Dyilo is charged with having committed war crimes in the Democratic Republic of the Congo, specifically enlisting, conscripting and using children under the age of fifteen years to participate actively in hostilities. His trial started on 26 January 2009 before Trial Chamber I.
The Defence case was presented from 27 January 2010 to 18 April 2011. During this period, the Defence tendered 133 items of evidence and called 24 witnesses to testify over a total of 68 trial days. 123 victims have participated, through their legal representatives, in the Lubanga case. Three of the victims authorised to participate in the proceedings testified before Trial Chamber I in January 2010.
On 23 February 2011, Trial Chamber I refused the Defence application to stay the proceedings as an abuse of the process. The trial resumed on 21 March 2011.
On 20 May 2011, Trial Chamber I ordered the closing of the presentation of evidence stage. The Prosecution and the Defence submitted their closing briefs on 1 June 2011 and 15 July 2011, respectively. The parties and participants presented their closing oral statements in public hearings on 25 and 26 August 2011. The case is now under deliberation of Trial Chamber I for delivery of decision under article 74 of the Rome Statute. The Chamber already announced that, in the event of a conviction, reparations and sentencing would be addressed separately.