International Criminal Court investigations
[1] The Office of the Prosecutor carried out and closed preliminary investigations in Bolivia; Colombia; Congo II; Gabon; Guinea; Honduras; Iraq/the United Kingdom; registered vessels of Comoros, Greece, and Cambodia; and South Korea.
[67] The government says it is considering establishing a national tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.
[69] In March 2004, the government of the Democratic Republic of the Congo, referred to the Prosecutor "the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002.
[72] On 17 March 2006, Thomas Lubanga, former leader of the Union of Congolese Patriots militia in Ituri, became the first person to be arrested under a warrant issued by the court and the first suspect to face trial at the ICC.
[76] The Prosecutor had obtained the evidence from the United Nations and other sources on condition of confidentiality, but judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and so "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial".
[77][78] On 14 March 2012, the Court, by unanimous verdict of the Trial Chamber, found Lubanga guilty as a co-perpetrator in the use of child soldiers.
[80] Two more participants in the Ituri conflict, Germain Katanga and Mathieu Ngudjolo Chui, were also surrendered to the Court by the Congolese authorities.
[90] On 13 April 2006, the Court of Cassation of the Central African Republic investigating charges or murder and rape committed by former President Ange-Felix Patasse and Congolese Vice-President Jean-Pierre Bemba said that they could not secure the arrest of the suspects despite international arrest warrants, and they requested the ICC to take responsibility.
[92] In November 2005, the Office of the Prosecutor held meetings with the government, judiciary authorities, civil society and international community representatives in CAR to gather additional information for the preliminary analysis.
In September 2006, the government filed a complaint with the court that claimed the Prosecutor had failed to decide within a reasonable time whether or not to investigate.
[93] On 22 May 2007, the Prosecutor announced his decision to open an investigation,[94][95] focusing on allegations of killing and rape in 2002 and 2003, a period of intense fighting between government and rebel forces.
[100] On 31 March 2005, the United Nations Security Council passed Resolution 1593, referring "the situation prevailing in Darfur since 1 July 2002" to the Prosecutor.
[110][111] Nevertheless, several African Union members who are also parties of the ICC, including South Africa and Uganda, let it be known that al-Bashir might be arrested if he entered their territory.
Subsequently, the First Pre-Trial Chamber issued a second warrant of arrest against al-Bashir on 12 July 2010 in which he was charged with genocide against three ethnic groups in Darfur.
Bahr Idriss Abu Garda, commander of the United Resistance Front, a Darfuri rebel group, was accused of responsibility for the attack on the African Union's peace mission in Haskanita (North-Darfur) on 29 September 2007.
Abu Garda denies the charge but reported voluntarily by stating that "every leader should co-operate with justice and observe the law".
On 8 February 2010, Pre-Trial Chamber I of the Court ruled that there was insufficient evidence to proceed to trial on charges against Abu Garda.
Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus appeared voluntarily before the court on 17 June 2010.
On 15 December 2010, the Prosecutor applied for summonses to appear for six alleged perpetrators: In the first case, William Ruto, Henry Kiprono Kosgey and Joshua Arap Sang are to stand trial for crimes against PNU supporters whereas, in the second case, Francis Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali are to stand trial for crimes against ODM supporters.
[123] As a consequence of the 2011 Libyan civil war and its brutal suppression, the UN Security Council voted unanimously, on 26 February 2011 in Resolution 1970, to refer the situation in Libya to the ICC.
On 16 May 2011, the Prosecutor requested a Pre-Trial Chamber of the Court to issue warrants of arrest against Muammar Gaddafi; his son, Saif al-Islam; and the head of Libya's intelligence, Abdullah Senussi, for allegedly committed crimes against humanity.
The request was granted on 27 June 2011, resulting in the second ICC warrant of arrest against an incumbent head of state, the other being Sudan's Omar al-Bashir.
[126] On 19 May 2011, the Prosecutor informed the Presidency of the Court of his intention to request the authorization to open a formal investigation into the situation in Côte d'Ivoire since 28 November 2010.
[129] On 23 June 2011, the Prosecutor formally requested the authorization from a Pre-Trial Chamber to begin an investigation into crimes allegedly committed in Côte d'Ivoire.
[133] On 27 May 2015, the ICC ruled that it can prosecute Simone Gbagbo on charges including murder and rape linked to violence that left 3000 people dead in the aftermath of the country's disputed 2010 presidential election.
[141] Preliminary examinations into situations in Korea, Comoros (regarding the Israeli attack on three vessels involved in the Gaza flotilla raid), Honduras and Gabon were also closed.
[145] State parties are expected to implement national legislation to provide for the investigation and prosecution of crimes that fall under the jurisdiction of the Court.
Over 50 women and girls had expressed that they had been raped as a part of a "punitive operation" by police sent to the area to restore order in March 2006.
In December 2005, activists from Uzbekistan submitted a complaint against Uzbek Interior Minister Zokirjon Almatov in connection with the Andijan massacre.
The prosecutor declined to act by saying chances of a successful prosecution were "non-existent" as the government of Uzbekistan would not co-operate in the gathering of evidence.
Green: Official investigations (Uganda, DR Congo, Central African Republic I + II, Darfur (Sudan), Kenya, Libya, Côte d'Ivoire, Mali, Georgia, Burundi, Afghanistan, Palestine, Venezuela I, Bangladesh/Myanmar, Philippines, Ukraine)
Light red: Ongoing preliminary examinations (Nigeria, Guinea, Venezuela II)
Dark red: Closed preliminary examinations that have not resulted in an investigation (Colombia, Iraq, Honduras, South Korea, Comoros (registered vessels), Gabon, Bolivia)
