I.1. Situation in the Democratic Republic of the Congo (DRC)
The ICC opened investigations in this situation in June 2004 following the referral by the President of the DRC in April 2004 in a signed letter referring to the allegd commission of crimes within the jurisdiction of the court in the DRC since the entry into force. The investigations by the OTP focused on Ituri were the most serious crimes are alleged to have been committed. Arrest warrants have been issued cases brought against the said perpetrators.
- The Prosecutor V. Thomas Lubanga Dyilo –In custody of the ICC
The accused is said to be responsible, as co-perpetrator, of war crimes in DRC. Trial commenced as of January 2009.
- The Prosecutor V. Germain Katanga and Mathieu Ngudjolo Chui (joint offenders)-In custody of the ICC.
That working through others, both are responsible for War crimes and crimes against humanity. The trails commenced as of November 2009
- The prosecutor V. Bosco Ntaganda-He is alleged to be the chief of staff active in North Kivu in the DRC-His still at large
- The Prosecutor V. Callixte Mbarushimana-Following the evidence presented by the OTP charging him with massive war crimes and crimes against humanity committed in Kivu, the Pre Trial Chamber issued fresh arrest warrants on 28th September 2010, in October 2010, the French authorities executed the arrest warrant and arrested Mr.Callixte Mbarushimana in Paris, France Who is currently in detention at the ICC. Confirmation of charges hearing in the case is scheduled to start on 4 July 2011.
I.2. Situation in Uganda
This situation was referred by Uganda in December 2003 after the decision by the president of the Republic of Uganda to refer the situation concerning the Lord’s Resistance Army to the Prosecutor of the ICC. The OTP opened its investigation in July 2004. Five arrest warrants have been issued against top leaders of the Lord’s Resistance Army (LRA):
- The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen- still at large
It is said Vincent Otti was allegedly killed in 2007 on order of Kony (arrest warrant is still outstanding). It is alleged that Raska Lukwiya was killed on 12 August 2006 (According to the decision of Pre-Trial Chamber II, N° : ICC-02/04-01/05-248 of 11 July 2007, to terminate the proceedings against Raska Lukwiya, the warrant of arrest is rendered without effect therefore the name of Raska Lukwiya was removed from the case).
. I.3. Situation in Darfur, the Sudan
The UN Security Council by resolution 1593 referred the situation in Darfur-Sudan in March 2005.The Office of the Prosecutor opened up investigations in 2005. Consequent to the investigations, the Pre Trial Chamber 1 of the ICC between May 2007 and July 2010 has preferred charges, issued so far three arrest warrants and summonses for appearance. The three arrest warrants are still outstanding.
The Prosecutor V. Ahmad Mohammad Harun (then Sudanese Humanitarian Affairs Minister) andAli Mohammad Ali Abdu-Al- Rahman (the alleged leader of the Janjaweed militia)-Both where identified as key suspects and accused of war crimes and crimes against humanity.
- The Prosecutor V. President Omar Hassan Ahmad Al Bashir- Warrants were issued In March 2009 on charges of war crimes and crimes against humanity and subsequently on 12th July 2010, following an earlier ruling by the Appeals Chamber of the ICC that it was legal error to reject the charges of Genocide against President Al Bashir, the Pre Trial Chamber 1 issued a second arrest warrant against President Bashir on charges of genocide.
- The prosecutor V. Bahar Idriss Abu Garda-That as a co perpetrator or as an indirect co perpetrator is criminally responsible for war crimes under the Rome Statute. He voluntarily appeared before the Court awaiting confirmation of charges however, on 8th February, 2010, Pre-Trial Chamber I declined to confirm the charges against Abu Garda. On 23 April, 2010, Pre-Trial Chamber I issued a decision rejecting the Prosecutor's application to appeal the decision declining to confirm the charges.
The Prosecutor V. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus-That there are reasonable grounds to believe that the two are criminally responsible as co perpetrators or as indirect co perpetrators for war crimes under the Rome Statute.
I.4. Situation in the Central African Republic (CAR)
The referral was made in 2004 on behalf of the government of the Central African Republic in a letter to the Prosecutor of the International Criminal Court to investigate crimes within the jurisdiction of the Court in the CAR as of 1st July, 2002. Investigations were opened in 2007 and one arrest warrant issued.
The Prosecutor V. Jean-Pierre Bemba Gombo-He a national of the DRC and is allegedly responsible as a military commander for committing war crimes and crimes against humanity in 2002-2003. He is in custody of the Court after the arrest and surrender by the kingdom of Belgium and charges were confirmed as of June 2009
I.5. Situation in Kenya
This situation was came under investigation following the request for authorization in March 2008 by the Prosecutor to the ICC on his own motion, to the Pre trial Chamber 1 to commence investigations in Kenya’s post election violence situation. The OTP made its examination of the post‐election violence of December 2007‐January 2008 public in February 2008 and on 9th July, 2009, the Prosecutor informed the Kenyan authorities of his view that crimes against humanity had been committed and of his duty, in the absence of national proceedings, to act. The prosecutor at the International Criminal Court (ICC) on 15th December, 2010 named six high-profile Kenyans he accuses of being behind the violence that followed the disputed 2007 elections.
ICC Suspects named include:
- Uhuru Kenyatta, deputy PM and finance minister
- Henry Kosgey, minister for industrialisation
- William Ruto, suspended education minister
- Joshua Arap Sang, radio executive
- Francis Kirimi Muthaura, secretary to the cabinet
- Mohammed Hussein Ali, former police chief