International Criminal Court investigations

{{ICC investigations (more detailed)}}

{{See also|Complaints to the International Criminal Court}}

The Prosecutor may open an investigation under three circumstances:International Criminal Court. [https://web.archive.org/web/20070606192830/http://www.icc-cpi.int/organs/otp.html Office of the Prosecutor]. Retrieved 21 July 2007.

• when a situation is referred to by a state party;
• when a situation is referred by the United Nations Security Council, acting to address a threat to international peace and security; or
• when authorised by the Pre-Trial Chamber to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.

Of the nine cases that the Prosecutor had started investigating,{{when|date=March 2022}} five had been referred by states parties, two had been referred by the Security Council, and two had been authorised by the Pre-Trial Chamber to open an investigation, based on information received from other sources.

File:ICC Timeline.png

{{Main|International Criminal Court investigation in Uganda}}

In December 2003, the government of Uganda, a state party, referred to the Prosecutor the situation concerning the Lord's Resistance Army in Northern Uganda.International Criminal Court, 29 January 2004. [http://www.icc-cpi.int/pressrelease_details&id=16&l=en.html President of Uganda refers situation concerning the Lord's Resistance Army (LRA) to the ICC] {{webarchive|url=https://web.archive.org/web/20160914000943/http://www.icc-cpi.int/pressrelease_details%26id%3D16%26l%3Den.html |date=14 September 2016 }}. Retrieved 11 January 2007. The Prosecutor decided to open an investigation into the matter on 29 July 2004, and on 5 July, it was assigned to Pre-Trial Chamber II.

On 8 July 2005, the Court issued its first public arrest warrants for five senior leaders of the LRA alleging:International Criminal Court, 14 October 2005. [http://www.icc-cpi.int/pressrelease_details&id=114&l=en.html Warrant of Arrest unsealed against five LRA Commanders] {{webarchive|url=https://web.archive.org/web/20151018155015/http://www.icc-cpi.int/pressrelease_details%26id%3D114%26l%3Den.html |date=18 October 2015 }}. Retrieved 5 December 2006.

• Leader Joseph Kony committed the crimes against humanity of murder, enslavement, sexual enslavement, rape and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians, pillage, inducing rape and enlisting child soldiers
• Kony's deputy, Vincent Otti, committed the crimes against humanity of murder, sexual enslavement and serious bodily injury and the war crimes of inducing rape, attacking civilians, enlisting child soldiers, cruel treatment of civilians, pillage and murder
• Army Commander of the LRA Okot Odiambo committed the crime against humanity of enslavement and war crimes of attacking civilians, pillage and enlisting child soldiers; he reportedly led an attack on Barlonyo refugee camp (Aromo sub-county, Erute north constituency, Lira District) in February 2004 in which more than 300 people were massacred.
• LRA commander Raska Lukwiya committed the crime against humanity of enslavement and the war crimes of cruel treatment of civilians, attacking civilians and pillage
• LRA commander Dominic Ongwen committed the crimes against humanity of murder, enslavement and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians and pillage

Initially, none of the indictees was arrested, but Lukwiya was killed in fighting on 12 August 2006,[http://www.businessinafrica.net/news/all_regions/545918.htm "Ugandan rebels mourn leader"] {{webarchive |url=https://web.archive.org/web/20160115064251/http://www.businessinafrica.net/news/all_regions/545918.htm |date=15 January 2016 }}, Business in Africa, 14 August 2006International Criminal Court, 11 July 2007. {{cite web |url= http://www.icc-cpi.int/library/cases/ICC-02-04-01-05-248_English.pdf |title= Decision to Terminate the Proceedings against Raska Lukwiya |url-status= dead |archive-url= https://web.archive.org/web/20080216043634/http://www.icc-cpi.int/library/cases/ICC-02-04-01-05-248_English.pdf |archive-date= 16 February 2008 |df= dmy-all }} {{small|(2.73 MB)}}. Retrieved 24 January 2008. Otti is said to have been killed in 2007, apparently by Kony.BBC News (23 January 2008). [http://news.bbc.co.uk/2/hi/africa/7204278.stm Uganda's LRA confirm Otti death] {{webarchive |url=https://web.archive.org/web/20160124053916/http://news.bbc.co.uk/2/hi/africa/7204278.stm |date=24 January 2016 }}. Retrieved 24 January 2008. The three other suspects are believed to be either in Southern Sudan or the northwestern Ituri Province of the Democratic Republic of the Congo.{{fact|date=November 2024}}

The government of Uganda is currently in peace talks with the LRA. The LRA's leaders have repeatedly demanded immunity from ICC prosecution in return for an end to the insurgency.Associated Press, 30 May 2007. [http://www.pr-inside.com/human-rights-watch-ugandan-rebels-must-r138877.htm Human Rights Watch: Ugandan rebels must face justice, even if not before international court] {{webarchive |url=https://web.archive.org/web/20080219024027/http://www.pr-inside.com/human-rights-watch-ugandan-rebels-must-r138877.htm |date=19 February 2008 }}. Retrieved 24 January 2008. The government says it is considering establishing a national tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.Agence France-Presse, 23 January 2008. [http://afp.google.com/article/ALeqM5i-Op9prQrFBXZm4O4tzvOWtlHAEg Uganda's mato oput ritual: forgiveness for brutal 20-year war] {{webarchive |url=https://web.archive.org/web/20080227004043/http://afp.google.com/article/ALeqM5i-Op9prQrFBXZm4O4tzvOWtlHAEg |date=27 February 2008 }}. Retrieved 24 January 2008.

On 4 February 2021, Dominic Ongwen was found guilty of 61 crimes by Trial Chamber IX of ICC, comprising crimes against humanity and war crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. He was sentenced to 25 years of imprisonment.{{cite web |title=Situation in Uganda |url=https://www.icc-cpi.int/uganda |website=Official Website of the ICC |publisher=ICC |access-date=29 May 2022}} He has appealed against both conviction and sentence, and that appeal is currently being decided.

{{Main|International Criminal Court investigation in the Democratic Republic of the Congo}}

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."International Criminal Court, 19 April 2004. [http://www.icc-cpi.int/pressrelease_details&id=19&l=en.html Prosecutor receives referral of the situation in the Democratic Republic of Congo] {{webarchive|url=https://web.archive.org/web/20160914000947/http://www.icc-cpi.int/pressrelease_details%26id%3D19%26l%3Den.html |date=14 September 2016 }}. Retrieved 11 January 2007.International Criminal Court, 23 June 2004. [http://www.icc-cpi.int/pressrelease_details&id=26&l=en.html The Office of the Prosecutor of the International Criminal Court opens its first investigation] {{webarchive|url=https://web.archive.org/web/20160914000951/http://www.icc-cpi.int/pressrelease_details%26id%3D26%26l%3Den.html |date=14 September 2016 }}. Retrieved 11 January 2007. On 23 June, the Prosecutor decided to open an investigation into the matter, and on 4 July, the case was allocated to Pre-Trial Chamber I. In February 2008, at the time of the arrest of the third suspect, the Prosecutor announced that the arrest had closed the ICC investigations in Ituri.{{usurped|1=[https://web.archive.org/web/20120721052947/http://www.iccnow.org/documents/AfricanNewsletter_Issue8_feb08_eng_final.pdf ICC-Africa 8th Edition]}}, Coalition for the International Criminal Court, 2008-02-01. Retrieved 21 March 2008

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. A sealed (secret) warrant had been issued for his arrest on 10 February 2006 for the war crimes of using child soldiers. He was flown to the court the same day in a French military aircraft.{{cite press release|url=http://www.icc-cpi.int/press/pressreleases/132.html|title=First arrest for the International Criminal Court|date=17 March 2006|publisher=International Criminal Court|archive-url=https://web.archive.org/web/20070623020724/http://www.icc-cpi.int/press/pressreleases/132.html|archive-date=23 June 2007}} The prosecutor has stated that his trial will be only on the allegation of using child soldiers, and other allegations will be followed up in a subsequent prosecution.[http://www.firstglobalselect.com/scripts/cgiip.wsc/globalone/htm/news_article.r?vcnews-id=350883 International prosecutor says Congolese warlord may face additional war crimes charges] {{webarchive |url=https://web.archive.org/web/20160115064251/http://www.firstglobalselect.com/scripts/cgiip.wsc/globalone/htm/news_article.r?vcnews-id=350883 |date=15 January 2016 }}, First Global Select, 7 August 2006.

Originally, Lubanga's trial was to begin on 23 June 2008,International Criminal Court, 13 March 2008. [https://web.archive.org/web/20080329194206/http://www.icc-cpi.int/press/pressreleases/348.html The trial in the case of Thomas Lubanga Dyilo will commence on 23 June 2008]. Retrieved 14 April 2008. but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially exculpatory material had breached Lubanga's right to a fair trial.International Criminal Court, 13 June 2008. {{cite web |url= http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-1401-ENG.pdf |title= Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008 |url-status= dead |archive-url= https://web.archive.org/web/20080625052042/http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-1401-ENG.pdf |archive-date= 25 June 2008 |df= dmy-all }} {{small|(2.11 MB)}}. Retrieved 17 June 2008. 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". The Court lifted the suspension on 18 November 2008; Lubanga's trial began on 26 January 2009.International Criminal Court, 18 November 2008. [http://www.icc-cpi.int/pressrelease_details&id=445&l=en.html Stay of proceedings in the Lubanga case is lifted – trial provisionally scheduled for 26 January 2009] {{webarchive|url=https://web.archive.org/web/20160914000956/http://www.icc-cpi.int/pressrelease_details%26id%3D445%26l%3Den.html |date=14 September 2016 }}. Retrieved 7 January 2009.Agence France-Presse, 18 November 2008. [https://www.google.com/hostednews/afp/article/ALeqM5h9G0ngqaMx513TRwakptt11ZrdCQ ICC's long-delayed first trial to start January] {{webarchive |url=https://web.archive.org/web/20140129083800/https://www.google.com/hostednews/afp/article/ALeqM5h9G0ngqaMx513TRwakptt11ZrdCQ |date=29 January 2014 }}. Retrieved 7 January 2009.

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.{{cite web |url=http://www.icc-cpi.int/NR/exeres/A70A5D27-18B4-4294-816F-BE68155242E0.htm |title=Archived copy |website=www.icc-cpi.int |access-date=12 January 2022 |archive-url=https://web.archive.org/web/20120913041811/http://www.icc-cpi.int/NR/exeres/A70A5D27-18B4-4294-816F-BE68155242E0.htm |archive-date=13 September 2012 |url-status=dead}} Lubanga was sentenced to 14 years of imprisonment and was released on 15 March 2020.{{cite web |title=Lubanga Case |url=https://www.icc-cpi.int/drc/lubanga |website=ICC Official Website |publisher=ICC |access-date=29 May 2022}}

{{update|date=March 2014}}

Two more participants in the Ituri conflict, Germain Katanga and Mathieu Ngudjolo Chui, were also surrendered to the Court by the Congolese authorities.International Criminal Court, 7 February 2008. [https://web.archive.org/web/20070623020724/http://www.icc-cpi.int/press/pressreleases/329.html Third detainee for the International Criminal Court: Mathieu Ngudjolo Chui]. Retrieved 7 February 2008. Both men are charged with six counts of war crimes and three counts of crimes against humanity, relating to an attack on the village of Bogoro on 24 February 2003 in which at least 200 civilians were killed, survivors were imprisoned in a room filled with corpses, and women and girls were sexually enslaved.International Criminal Court, 2 July 2007. {{cite web |url= http://www.icc-cpi.int/library/cases/ICC-01-04-01-07-1_tEnglish.pdf |title= Warrant of arrest for Germain Katanga |url-status= dead |archive-url= https://web.archive.org/web/20071025150037/http://www.icc-cpi.int/library/cases/ICC-01-04-01-07-1_tEnglish.pdf |archive-date= 25 October 2007 |df= dmy-all }} {{small|(192 KB)}}. Retrieved 18 October 2007.International Criminal Court, 6 July 2007. {{cite web |url= http://www.icc-cpi.int/library/cases/ICC-01-04-02-07-1-tENG.pdf |title= Warrant of arrest for Mathieu Ngudjolo Chui |url-status= dead |archive-url= https://web.archive.org/web/20080625052409/http://www.icc-cpi.int/library/cases/ICC-01-04-02-07-1-tENG.pdf |archive-date= 25 June 2008 |df= dmy-all }} {{small|(194 KB)}}. Retrieved 7 February 2008. The charges against both men include murder, sexual slavery and using children under 15 years to participate actively in hostilities.International Criminal Court, 18 October 2007. [http://www.icc-cpi.int/press/pressreleases/284.html Second arrest: Germain Katanga transferred into the custody of the ICC] {{webarchive |url=https://web.archive.org/web/20070623020724/http://www.icc-cpi.int/press/pressreleases/284.html |date=23 June 2007 }}. Retrieved 18 October 2007.

Katanga, the former leader of the Ngiti-majority Front for Patriotic Resistance of Ituri militia, was transferred to the Court on 17 October 2007; Ngudjolo, former leader of the National Integrationist Front, was transferred to the Court on 6 February 2008. The hearing to confirm the charges against them began on 27 June 2008.International Criminal Court (27 June 2008). [https://web.archive.org/web/20150924052026/http://www.icc-cpi.int/pressrelease_details%26id%3D392.html ICC Cases an opportunity for communities in Ituri to come together and move forward]. Retrieved 17 July 2008. The trial against the two men started on 24 November 2009.

On 7 March 2014, Katanga was found guilty as an accessory of one count of crime against humanity and four counts of war crimes, committed on 24 February 2003, during an attack on the village of Bogoro, in Congo.{{cite web |title=Katanga Case |url=https://www.icc-cpi.int/drc/katanga |website=ICC Official Website |publisher=ICC |access-date=31 May 2022}} He was sentenced to 12 years' imprisonment on 23 May 2014.

Mathieu Ngudjolo Chui was acquitted, on 18 December 2012, of the charges of crimes against humanity and war crimes, and was ordered for immediate release.{{cite web |title=Ngudjolo Chui Case |url=https://www.icc-cpi.int/drc/ngudjolo |website=ICC Official Website |publisher=ICC |access-date=31 May 2022}} This verdict was upheld by the Appeals Chamber on 27 February 2015.

On 20 August 2010, the Prosecutor requested Pre-Trial Chamber I to issue a warrant of arrest against Callixte Mbarushimana. He is alleged to have been the Executive Secretary of the Forces démocratiques de libération du Rwanda – Forces Combattantes Abacunguzi (FDLR-FCA, FDLR). On 28 September 2010, the Pre-Trial Chamber complied with the request and issued a sealed warrant of arrest which was unsealed on 11 October 2010, the day that French authorities arrested Mbarushimana.[http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040110/icc01040110 ICC information page on Mbarushimana] {{webarchive |url=https://web.archive.org/web/20111108002921/http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040110/icc01040110 |date=8 November 2011 }}. Retrieved 18 March 2011. The suspect was transferred to the ICC on 25 January 2011. His confirmation of charges hearing was held from 16 to 21 September 2011. By a 2–1 majority, Pre-Trial Chamber I ruled on 16 December 2011 that the confirmation was declined. After the Prosecutor's appeal against the decision was rejected, Mbarushimana was released on 23 December 2011.[http://www2.icc-cpi.int/NR/exeres/4D4FA434-3060-4EF7-8E5C-AD5C53540E64.htm "Callixte Mbarushimana is released from the ICC custody"] {{webarchive |url=https://web.archive.org/web/20120120014051/http://www2.icc-cpi.int/NR/exeres/4D4FA434-3060-4EF7-8E5C-AD5C53540E64.htm |date=20 January 2012 }}, press release ICC, 23 December 2011

===Central African Republic===

In December 2004, the government of the Central African Republic, a state party, referred to the Prosecutor "the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002, the date of entry into force of the Rome Statute".International Criminal Court, 15 December 2006. [http://www.icc-cpi.int/library/cases/ICC-01-05-7_English.pdf Prosecution's Report Pursuant to Pre-Trial Chamber Ill's 30 November 2006 Decision Requesting Information on the Status of the Preliminary Examination of the Situation in the Central African Republic] {{webarchive |url=https://web.archive.org/web/20070627171813/http://www.icc-cpi.int/library/cases/ICC-01-05-7_English.pdf |date=27 June 2007 }} . Retrieved 11 January 2007.

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. The allegations against Bemba date to when his Movement for the Liberation of Congo rebel army was invited by Patasse into the capital, Bangui, to fight rebels who were fighting against Patasse. Also referred to the court were the cases of a French policeman and two aides of Patasse who were all involved in the alleged crimes, which human rights groups allege had about 400 victims.[http://news.bbc.co.uk/2/hi/africa/4908938.stm Hague referral for African pair] {{webarchive |url=https://web.archive.org/web/20160917020116/http://news.bbc.co.uk/2/hi/africa/4908938.stm |date=17 September 2016 }}, BBC, 14 April 2006.

Local activists from the Union of Central African Journalists (UJCA) have also accused the President, François Bozizé, of committing genocide against the inhabitants of the north Central African Republic, who supported the former regime, after seizing power in 2003, and he asked the court to prosecute Bozizé.[http://www.jeuneafrique.com/jeune_afrique/article_depeche.asp?art_cle=PAN60026bangutinupm0 Bangui accused by NGOs of protecting impunity] {{webarchive |url=https://web.archive.org/web/20070930165546/http://www.jeuneafrique.com/jeune_afrique/article_depeche.asp?art_cle=PAN60026bangutinupm0 |date=30 September 2007 }} (French), Jeune Afrique, 22 March 2006.

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. In response the pre-trial chamber ordered the prosecutor to submit a report by 15 December 2006 as to the current status of the investigation and an estimate of when a decision on whether to investigate will be made.[http://www.icc-cpi.int/library/cases/ICC-01-05-6_English.pdf ICC-01/05] {{webarchive |url=https://web.archive.org/web/20070927003444/http://www.icc-cpi.int/library/cases/ICC-01-05-6_English.pdf |date=27 September 2007 }}, International Criminal Court, 30 November 2006.

On 22 May 2007, the Prosecutor announced his decision to open an investigation,International Criminal Court, 22 May 2007. [http://www.icc-cpi.int/press/pressreleases/248.html Prosecutor opens investigation in the Central African Republic]. Retrieved 31 May 2007. {{webarchive |url=https://web.archive.org/web/20070606192816/http://www.icc-cpi.int/press/pressreleases/248.html |date=6 June 2007 }}International Criminal Court, 22 May 2007. [http://www.icc-cpi.int/library/press/pressreleases/ICC-OTP-BN-20070522-220_A_EN.pdf Background: Situation in the Central African Republic] {{webarchive |url=https://web.archive.org/web/20070627171746/http://www.icc-cpi.int/library/press/pressreleases/ICC-OTP-BN-20070522-220_A_EN.pdf |date=27 June 2007 }} . Retrieved 31 May 2007. focusing on allegations of killing and rape in 2002 and 2003, a period of intense fighting between government and rebel forces.Nora Boustany, 23 May 2007. "[https://www.washingtonpost.com/wp-dyn/content/article/2007/05/22/AR2007052201384.html Court Examines Alleged Abuses in Central African Republic] {{webarchive |url=https://web.archive.org/web/20160822081339/http://www.washingtonpost.com/wp-dyn/content/article/2007/05/22/AR2007052201384.html |date=22 August 2016 }}", The Washington Post, p. A16. Retrieved 31 May 2007. The case has been allocated to Pre-Trial Chamber III.

On 24 May 2008, former Vice-President Jean-Pierre Bemba was arrested during a visit to Belgium under a sealed warrant under accusations of war crimes and crimes against humanity committed in CAR[https://www.nytimes.com/2008/05/25/world/africa/25congo.html?ref=africa Congo Ex-Official Is Held in Belgium on War Crimes Charges] {{webarchive |url=https://web.archive.org/web/20130523214651/http://www.nytimes.com/2008/05/25/world/africa/25congo.html?ref=africa |date=23 May 2013 }}, AFP, 25 May 2008 He was transferred to the ICC on 3 July 2008. His confirmation of charges hearing, taking place from 12 to 15 January 2009, resulted in the charges being confirmed on 15 June 2009. His trial began on 22 November 2010.[http://www.icc-cpi.int/Menus/ICC/Situations+and+Cases/Situations/Situation+ICC+0105/ ICC information page on Bemba] {{webarchive|url=https://web.archive.org/web/20110513072439/http://www.icc-cpi.int/Menus/ICC/Situations%20and%20Cases/Situations/Situation%20ICC%200105/ |date=13 May 2011 }}. Retrieved 18 March 2011. He was acquitted from the charges of war crimes and crimes against humanity by the Appeals Chamber on 8 June 2018.{{cite web |title=Bemba Case |url=https://www.icc-cpi.int/car/bemba |website=ICC Official Website |publisher=ICC |access-date=31 May 2022}}

On 16 December 2022, the Prosecutor announced the conclusion of investigations in the situation of Central African Republic.{{Cite web |date=16 December 2022 |title=The Prosecutor of the International Criminal Court, Karim A.A. Khan KC, announces conclusion of the investigation phase in the Situation in the Central African Republic |url=https://www.icc-cpi.int/news/prosecutor-international-criminal-court-karim-aa-khan-kc-announces-conclusion-investigation-0 |access-date=1 January 2023 |website=The Official Website of the International Criminal Court}}

{{Main|International Criminal Court investigation in Darfur, Sudan}}

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.United Nations Security Council, 31 March 2005. [https://www.un.org/News/Press/docs/2005/sc8351.doc.htm Security Council Refers Situation in Darfur, Sudan, To Prosecutor of International Criminal Court] {{webarchive |url=https://web.archive.org/web/20141003213821/http://www.un.org/News/Press/docs/2005/sc8351.doc.htm |date=3 October 2014 }}. Retrieved 11 January 2007. The Prosecutor opened an investigation into the situation on 6 June, and the case was allocated to Pre-Trial Chamber I.

In February 2007 the Prosecutor announced that two men (Sudanese humanitarian affairs minister Ahmad Muhammad Harun and Janjaweed militia leader Abd-Al-Rahman) had been identified as key suspects, accused of war crimes and crimes against humanity.[http://voanews.com/english/2007-02-27-voa37.cfm International Court Names Top Suspects in Darfur War Crimes] {{webarchive |url=https://web.archive.org/web/20070301131355/http://voanews.com/english/2007-02-27-voa37.cfm |date=1 March 2007 }}, Voice of America, 2007-02-27. Retrieved 27 February 2007 On 2 May 2007, the Court issued arrest warrants for the two men.Alexandra Hudson, 2 May 2007. [https://www.reuters.com/article/worldNews/idUSL0272465320070502 ICC judges issue arrest warrants for Darfur suspects] {{webarchive |url=https://web.archive.org/web/20090110075313/https://www.reuters.com/article/worldNews/idUSL0272465320070502 |date=10 January 2009 }}. Reuters. Retrieved 3 May 2007. However, Sudan claims the Court has no jurisdiction over this matter and refuses to hand over the suspects.Alexandra Hudson (18 March 2006). [http://www.redorbit.com/news/international/433869/congo_suspect_to_face_war_crimes_charges/index.html Congo suspect to face war crimes charges]. Reuters. Retrieved 7 January 2009. Mr Abd-Al-Rahman was transferred to the ICC's custody on 9 June 2020, after surrendering himself voluntarily in the Central African Republic. His initial appearance before the ICC took place on 15 June 2020.{{cite web |title=Abd-Al-Rahman trial opens at International Criminal Court |url=https://www.icc-cpi.int/news/abd-al-rahman-trial-opens-international-criminal-court |website=International Criminal Court official website |access-date=22 April 2022}} He is charged with 31 counts of war crimes and crimes against humanity allegedly committed in Darfur, Sudan, between August 2003 and at least April 2004. The trial for these charges began on 5 April 2022.

File:Omar al-Bashir, 12th AU Summit, 090131-N-0506A-342.jpg Omar al-Bashir, wanted by the ICC for war crimes and crimes against humanity]]

On 14 July 2008, the Prosecutor accused Sudanese President Omar al-Bashir of genocide, crimes against humanity and war crimes.International Criminal Court (14 July 2008). [https://web.archive.org/web/20080715053620/http://www.icc-cpi.int/press/pressreleases/406.html "ICC Prosecutor Presents Case Against Sudanese President, Hassan Ahmad al Bashir, for Genocide, Crimes Against Humanity and War Crimes in Darfur"]. Retrieved 14 July 2008. In July 2008, the Chief Prosecutor applied to the Court for an arrest warrant for President of Sudan Omar al-Bashir on ten counts of genocide, crimes against humanity and war crimes. In October, the Court asked the Prosecutor for more information to support the charges.[http://www.thetimes.co.za/News/Article.aspx?id=865714 Beshir warrant ‘needs detail’] {{webarchive |url=https://web.archive.org/web/20090202211711/http://www.thetimes.co.za/News/Article.aspx?id=865714 |date=2 February 2009 }}, The Sunday Times (South Africa), 17 October 2008

The court issued an arrest warrant for al-Bashir on 4 March 2009 for war crimes and crimes against humanity but ruled that there was insufficient evidence to prosecute him for genocide.Staff writer (4 March 2009). [http://news.bbc.co.uk/2/hi/africa/7923102.stm "Warrant Issued for Sudan's Bashir"] {{webarchive |url=https://web.archive.org/web/20161109130542/http://news.bbc.co.uk/2/hi/africa/7923102.stm |date=9 November 2016 }}. BBC News. Retrieved 4 March 2009. Al-Bashir was the first sitting head of state indicted by the ICC. Al-Bashir denies all the charges by describing them as "not worth the ink they are written in".{{cite web|url=http://www.irinnews.org/Report.aspx?ReportId=83299 |title=Sudan: The Case Against Bashir |date=4 March 2009 |publisher=Irinnews.org |access-date=1 March 2011}} In July 2009, the member states of the African Union agreed not to co-operate in his arrest.{{cite web|url=http://www.dw-world.de/dw/article/0,,4451345,00.html |title=African Union Ministers End Cooperation with Criminal Court on Sudan, World, Deutsche Welle, 04.07.2009 |publisher=Dw-world.de |access-date=1 March 2011}}{{cite web|url=http://news.bbc.co.uk/2/hi/africa/8133925.stm |title=Africa, African Union in Rift with Court |work=BBC News |date=3 July 2009 |access-date=1 March 2011}} 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. However, in July and August 2010 al-Bashir traveled to Chad and Kenya, neither of which turned him over to the ICC despite being parties; the ICC has reported both member states to the UN Security Council and the ICC Assembly of States Parties.Jurist.org, 28 August 2010. [http://www.jurist.org/paperchase/2010/08/icc-reports-kenya-to-un-over-al-bashir-visit.php "ICC Reports Kenya to UN over al-Bashir Visit] {{webarchive |url=https://web.archive.org/web/20160815102658/http://www.jurist.org/paperchase/2010/08/icc-reports-kenya-to-un-over-al-bashir-visit.php |date=15 August 2016 }}". Retrieved 6 September 2010.

On 3 February 2010, the Appeals Chamber of the ICC reversed the Pre-Trial Chamber's rejection of the genocide charge by ruling that the PTC had applied a too stringent standard of proof. 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.International Criminal Court (12 July 2010). [http://www2.icc-cpi.int/NR/exeres/E9BD8B9F-4076-4F7C-9CAC-E489F1C127D9.htm "Pre-Trial Chamber I Issues a Second Warrant of Arrest Against Omar Al Bashir for Counts of Genocide"] {{webarchive |url=https://web.archive.org/web/20100715073614/http://www2.icc-cpi.int/NR/exeres/E9BD8B9F-4076-4F7C-9CAC-E489F1C127D9.htm |date=15 July 2010 }}. Retrieved 17 July 2010.

Omar Al Bashir is still at large, and is not within ICC custody.{{cite web |title=Al Bashir Case |url=https://www.icc-cpi.int/darfur/albashir |website=ICC Official Website |publisher=ICC |access-date=31 May 2022}}

On 17 May 2009, it was the first time that a suspect appeared voluntarily before the Court. 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. In the attack, 12 soldiers were allegedly killed and eight injured. Abu Garda denies the charge but reported voluntarily by stating that "every leader should co-operate with justice and observe the law".International Criminal Court (17 May 2009). [http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050209/press%20release/abu%20garda%20arrived%20at%20the%20premises%20of%20the%20court "Bahr Idriss Abu Garda Arrives at the Premises of the Court"] {{webarchive |url=https://web.archive.org/web/20101223131754/http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050209/press%20release/abu%20garda%20arrived%20at%20the%20premises%20of%20the%20court |date=23 December 2010 }}. Retrieved 17 July 2010. A summons was issued against Abu Garda, but no warrant of arrest. He was allowed to await the further proceedings while in liberty.

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.{{dead link|date=February 2011}} International Criminal Court (8 February 2010). [http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/news%20and%20highlights/pr495 "Pre-Trial Chamber I Declines To Confirm the Charges Against Bahar Idriss Abu Garda"]{{dead link|date=December 2016 |bot=InternetArchiveBot |fix-attempted=yes }}. On 23 April 2010, the Chamber also declined the Prosecutor's application to appeal the decision. Under the Rome Statute, such a move to the Appeals Chamber can only be made once leave of the Pre-Trial Chamber has been granted. Both decisions do not preclude the prosecution from subsequently requesting the confirmation of the charges against Abu Garda if such a request is supported by additional evidence.{{dead link|date=February 2011}} International Criminal Court (26 April 2010). [http://www2.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/pr516 "Pre-Trial Chamber I Rejects the Prosecutor's Application To Appeal"] {{webarchive |url=https://web.archive.org/web/20101223131530/http://www2.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/pr516 |date=23 December 2010 }}. Retrieved 17 July 2010.

On 16 June 2010, two other rebel leaders came voluntarily to the Court. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), leaders of small Darfuri rebel groups, are also charged with war crimes for their alleged roles in the attack in Haskanita described above.

Prosecutor Moreno Ocampo stated that their voluntary appearance was the culmination of months of efforts to secure their co-operation.{{dead link|date=February 2011}} International Criminal Court (16 June 2010). [http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/pr548 "As Darfur Rebel Commanders Surrender to the Court"]{{dead link|date=December 2016 |bot=InternetArchiveBot |fix-attempted=yes }}. Retrieved 17 July 2010. On 17 June 2010, they faced Pre-Trial Chamber I, which ruled that there are reasonable grounds for their prosecution. Just as in the case against Abu Garda, the Prosecutor has not made a request for warrants of arrest against them.

Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus appeared voluntarily before the court on 17 June 2010. On 7 March 2011, Pre-Trial Chamber I confirmed the charges against the two and committed them to trial.[http://www.icc-cpi.int/iccdocs/doc/doc1036947.pdf Decision on the confirmation of charges against Banda and Jerbo] {{webarchive |url=https://web.archive.org/web/20120403034417/http://www.icc-cpi.int/iccdocs/doc/doc1036947.pdf |date=3 April 2012 }}. Retrieved 18 March 2011.

The proceedings against Saleh Mohammed Jerbo Jamus terminated on 4 October 2013 due to his passing.{{cite web |title=Banda Case |url=https://www.icc-cpi.int/darfur/banda |website=ICC Official Website |publisher=ICC |access-date=1 June 2022}}

On 11 September 2014, the Trial Chamber judges issued an arrest warrant to ensure Banda's presence at trial. Banda is still at large, and trial will commence pending his arrest or voluntary appearance.

{{Main|International Criminal Court investigation in Kenya}}

On 31 March 2010, a Pre-Trial Chamber of the International Criminal Court authorized the Prosecutor to investigate the 2007–2008 Kenyan crisis.[http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/situation%20icc%200109/press%20releases/icc%20judges%20grant%20the%20prosecutor%E2%80%99s%20request%20to%20launch%20an%20investigation%20on%20crimes%20against%20humanity%20with ICC press release on the authorization of investigations regarding Kenya] {{webarchive |url=https://web.archive.org/web/20110314013057/http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/situation%20icc%200109/press%20releases/icc%20judges%20grant%20the%20prosecutor%E2%80%99s%20request%20to%20launch%20an%20investigation%20on%20crimes%20against%20humanity%20with |date=14 March 2011 }}. Retrieved 3 March 2011. It was the first time the Prosecutor had requested such an authorization; all other investigations have been triggered by either the corresponding government or the United Nations Security Council.

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.[http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/press%20releases%20%282010%29/pr615 ICC press release on the Prosecutor's announcement regarding his application for summonses to appear] {{webarchive |url=https://web.archive.org/web/20120320073050/http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/press%20releases%20%282010%29/pr615 |date=20 March 2012 }}. Retrieved 3 March 2011. On 8 March 2011, the Pre-Trial Chamber issued summonses for all six alleged perpetrators to appear before the Court on 7 and 8 April 2011 respectively.[http://www.icc-cpi.int/NR/exeres/1E8EDBFF-857A-4E0D-A9B6-6B6D12974CAA.htm ICC press release regarding the summonses to appear for the six Kenya suspects] {{webarchive |url=https://web.archive.org/web/20110312090924/http://www.icc-cpi.int/NR/exeres/1E8EDBFF-857A-4E0D-A9B6-6B6D12974CAA.htm |date=12 March 2011 }}. Retrieved 10 March 2011.

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.{{cite news|date=27 February 2011|url=http://english.aljazeera.net//news/americas/2011/02/20112271959190839.html|title=UN Slaps Sanctions on Libyan Regime|work=Al Jazeera|access-date=9 March 2011}} Other than the referral of the situation in Darfur, Sudan, to the ICC in March 2005, it was only the second time that the Security Council has referred a situation to the ICC and the first time that it has done so unanimously. China and the United States had abstained in 2005, but this time, they voted in favor of referral to the ICC.[https://www.un.org/News/Press/docs//2011/sc10187.doc.htm "In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters"] {{webarchive|url=https://web.archive.org/web/20060118113208/http://www.un.org/News/Press/docs/ |date=18 January 2006 }}. UN. 26 February 2011. Retrieved 27 February 2011.

On 3 March 2011, just five days after the referral of the situation, the Prosecutor opened an investigation. 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.{{Cite news |url=http://www.icc-cpi.int/NR/exeres/D07229DE-4E3D-45BC-8CB1-F5DAF8370218.htm|title=Pre-Trial Chamber I issues three warrants of arrest for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdualla Al-Senussi |publisher=International Criminal Court |date=27 June 2011 |access-date=27 June 2011|archive-url=https://web.archive.org/web/20111126013502/http://www.icc-cpi.int/NR/exeres/D07229DE-4E3D-45BC-8CB1-F5DAF8370218.htm|archive-date=26 November 2011}}

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.{{cite web |url=http://www.icc-cpi.int/iccdocs/doc/doc1077491.pdf |title=Prosecutor's letter to the Presidency |publisher=International Criminal Court |access-date=22 May 2011 |archive-date=3 April 2012 |archive-url=https://web.archive.org/web/20120403040412/http://www.icc-cpi.int/iccdocs/doc/doc1077491.pdf |url-status=dead }} A day later, the Presidency issued an order, assigning the situation to Pre-Trial Chamber II,{{cite web |url=http://www.icc-cpi.int/iccdocs/doc/doc1073873.pdf |title=Decision Assigning the Situation in the Republic of Côte d'Ivoire to Pre-Trial Chamber II |publisher=International Criminal Court |access-date=22 May 2011 |archive-date=17 June 2011 |archive-url=https://web.archive.org/web/20110617120313/http://www.icc-cpi.int/iccdocs/doc/doc1073873.pdf |url-status=dead }} which was modified on 22 June 2011 by establishing a Pre-Trial Chamber III and assigning the situation in Côte d'Ivoire to it.{{cite web |url=http://www.icc-cpi.int/iccdocs/doc/doc1095732.pdf |title=Decision Constituting Pre-Trial Chamber III and Re-assigning the Situation in the Republic of Côte d'Ivoire |publisher=International Criminal Court |access-date=25 June 2011 |archive-date=3 April 2012 |archive-url=https://web.archive.org/web/20120403040612/http://www.icc-cpi.int/iccdocs/doc/doc1095732.pdf |url-status=dead }}

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.{{cite web|url=http://www.icc-cpi.int/NR/exeres/F9AF01D6-28E5-4533-9398-3F4B616BB7DB.htm |title=ICC Prosecutor requests judges for authorization to open an investigation in Côte d'Ivoire. |publisher=International Criminal Court |access-date=25 June 2011|archive-url=https://web.archive.org/web/20111108225235/http://www.icc-cpi.int/NR/exeres/F9AF01D6-28E5-4533-9398-3F4B616BB7DB.htm|archive-date=8 November 2011}}

While Côte d'Ivoire was then not a state party to the Rome Statute, it had repeatedly, by different administrations, accepted the ICC's jurisdiction.{{cite web|url=http://www.icc-cpi.int/NR/rdonlyres/FBD2D966-93CF-4A86-B590-46293E819A65/279844/ICDEENG5.pdf |title=Declaration Accepting the Jurisdiction of the International Criminal Court |publisher=International Criminal Court |access-date=22 May 2011|archive-url=https://web.archive.org/web/20120403040434/http://www.icc-cpi.int/NR/rdonlyres/FBD2D966-93CF-4A86-B590-46293E819A65/279844/ICDEENG5.pdf|archive-date=3 April 2012}}{{cite web|url=http://www.icc-cpi.int/NR/rdonlyres/498E8FEB-7A72-4005-A209-C14BA374804F/0/ReconCPI.pdf |title=Confirmation de la Déclaration de reconnaissance |publisher=International Criminal Court |access-date=22 May 2011}} It became a state party in February 2013.

On 3 October 2011, Pre-Trial Chamber III allowed an investigation to be conducted by the Prosecutor.[http://icc-cpi.int/NR/exeres/2DC90BA3-7F59-4C59-A394-C5EC125821C1.htm ICC press release on Pre-Trial Chamber III authorizing the investigation] {{webarchive |url=https://web.archive.org/web/20111007045818/http://icc-cpi.int/NR/exeres/2DC90BA3-7F59-4C59-A394-C5EC125821C1.htm |date=7 October 2011 }}. Retrieved 3 October 2011.

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.{{cite web|url=https://www.foxnews.com/world/international-criminal-court-judges-case-against-former-ivory-coast-1st-lady-is-admissible/ |title=International Criminal Court judges: Case against former Ivory Coast 1st lady is admissible | Fox News |website=Fox News |date=28 May 2015 |access-date=2015-05-31 |url-status=live |archive-url=https://web.archive.org/web/20150531050452/http://www.foxnews.com/world/2015/05/27/international-criminal-court-judges-case-against-former-ivory-coast-1st-lady-is/ |archive-date=31 May 2015 |df=dmy }}

On 18 July 2012, the government of Mali had referred the situation there to the Prosecutor of the International Criminal Court. On 16 January 2013, the Prosecutor determined that there is a reasonable basis to believe that war crimes have been committed in the conflict so the Prosecutor opened an investigation.[http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0112/Documents/SASMaliArticle53_1PublicReportENG16Jan2013.pdf Situation in Mali] {{webarchive |url=https://web.archive.org/web/20130616032834/http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0112/Documents/SASMaliArticle53_1PublicReportENG16Jan2013.pdf |date=16 June 2013 }}. ICC Prosecutor. 16 January 2013. Retrieved 16 January 2013.

On 12 June 2014, the government of the Central African Republic had referred the second situation there to the Prosecutor of the International Criminal Court. On 24 September 2014, the Prosecutor determined that there is a reasonable basis to believe that war crimes have been committed in the conflict so the Prosecutor opened an investigation.{{Cite web |url=http://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/reports%20and%20statements/statement/Documents/Art%2053%201%20Report%20CAR%20II%2024Sep14.pdf |title=Article 53(1) Report, Situation in the Central African Republic II |publisher=ICC |date=2014-09-24 |access-date=2014-09-24 |url-status=dead |archive-url=https://web.archive.org/web/20150131003735/http://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/reports%20and%20statements/statement/Documents/Art%2053%201%20Report%20CAR%20II%2024Sep14.pdf |archive-date=31 January 2015 }}

{{main|International Criminal Court investigation in Palestine}}

On 3 March 2021 prosecutor Fatou Bensouda announced the opening of an investigation respecting the situation in the State of Palestine.{{Cite web|title=Opening of Investigations|url=https://www.icc-cpi.int/Pages/item.aspx?name=210303-prosecutor-statement-investigation-palestine|access-date=2021-07-18|website=Official Website of the ICC}} It considers alleged war crimes under the jurisdiction of the court that have been committed since 13 June 2014. After having requested a pre-trial jurisdictional ruling to first conform the territory within which the investigations may be conducted,{{cite web|date=20 December 2019|title=Statement of ICC Prosecutor, Fatou Bensouda, on the conclusion of the preliminary examination of the Situation in Palestine, and seeking a ruling on the scope of the Court's territorial jurisdiction|url=https://www.icc-cpi.int/Pages/item.aspx?name=20191220-otp-statement-palestine|access-date=21 December 2019|publisher=ICC}} the court found that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem.{{Cite web|title=ICC concerning the situation in the State of Palestine|url=https://www.icc-cpi.int/palestine|access-date=2021-07-18|website=Official Website of the ICC}}

{{Main|International Criminal Court investigation in Venezuela}}

On 4 November 2021 prosecutor Karim Khan announced the opening of an investigation regarding the situation in Venezuela.{{Cite web|last=|first=|date=2021-11-04|title=Venezuela faces landmark ICC investigation over alleged crimes against humanity|url=https://www.theguardian.com/world/2021/nov/04/venezuela-faces-landmark-icc-investigation-over-alleged-crimes-against-humanity|access-date=2022-01-20|website=Associated Press|publisher=The Guardian}}

{{See also|The International Criminal Court and the 2003 invasion of Iraq}}

In addition to the sixteen situations in which the Prosecutor has opened formal investigations, several other situations are under "preliminary examination": Bolivia, Guinea, Nigeria and Ukraine.{{Cite web|title=Preliminary Examinations|url=http://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/Pages/communications%20and%20referrals.aspx|access-date=2022-01-20|publisher=ICC|archive-date=23 September 2014|archive-url=https://web.archive.org/web/20140923131354/http://www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/Pages/communications%20and%20referrals.aspx|url-status=dead}}

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. In these cases, the Prosecutor concluded that no investigation would be initiated because the necessary requirements had not been met. With regard to the Israeli attack on the vessels of the Gaza flotilla raid, the Comoros appealed from the Prosecutor's decision. On 30 November 2017, this appeal was finally dismissed.[https://www.icc-cpi.int//Pages/item.aspx?name=171130_OTP_Comoros "Statement of ICC Prosecutor, Fatou Bensouda, on the Situation on registered vessels of the Union of the Comoros et al."] Website ICC, 30 November 2017. Retrieved 23 September 2018

Preliminary examinations regarding Iraq and Venezuela were at some point closed but later on reopened. With regard to the 2003 invasion of Iraq, the Prosecutor published a letter responding to complaints he had received. He noted that "the International Criminal Court has a mandate to examine the conduct during the conflict, but not whether the decision to engage in armed conflict was legal", and that the court's jurisdiction is limited to the actions of nationals of states parties. He concluded that there was a reasonable basis to believe that a limited number of war crimes had been committed in Iraq, but that the crimes allegedly committed by nationals of states parties did not appear to meet the required gravity threshold for an ICC investigation.International Criminal Court, 17 October 2006. {{cite web|url= http://www.icc-cpi.int/library/asp/ICC-ASP-5-15_English.pdf|archive-url= https://web.archive.org/web/20080216043708/http://www.icc-cpi.int/library/asp/ICC-ASP-5-15_English.pdf |url-status= dead |archive-date= 2008-02-16 |title=Report on the activities of the Court }} {{small|(151 KB)}}. Retrieved 18 June 2007. However, on 13 May 2014, the Prosecutor announced that preliminary examinations regarding the situation in Iraq are re-opened, due to communication received by the European Center for Constitutional and Human Rights regarding alleged war crimes by United Kingdom officials between 2003 and 2008.[http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/otp-statement-iraq-13-05-2014.aspx "Prosecutor of the International Criminal Court, Fatou Bensouda, re-opens the preliminary examination of the situation in Iraq", ICC press release of 13 May 2014] {{webarchive |url=https://web.archive.org/web/20140517205955/http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/otp-statement-iraq-13-05-2014.aspx |date=17 May 2014 }}

{{Main|Complaints to the International Criminal Court}}

As of end September 2010, the Office of the Prosecutor had received 8874 communications about alleged crimes. After initial review, 4002 of the communications were dismissed as "manifestly outside the jurisdiction of the Court".

The Court is designed to complement existing national judicial systems. It can exercise its jurisdiction only if national courts are unwilling or unable to investigate or prosecute.[https://www.un.org/law/icc/statute/99_corr/2.htm Articles 17 & 20] {{webarchive |url=https://web.archive.org/web/20080113100723/http://www.un.org/law/icc/statute/99_corr/2.htm |date=13 January 2008 }} of the Rome Statute. Retrieved 4 December 2006. 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.

In February 2008, a military tribunal in Mbandaka sentenced Botuli Itofo, a policeman, to twenty years' imprisonment after his conviction under ICC implementing legislation for the crime against humanity of mass rape and other "serious human rights violations". 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.[http://www.monuc.org/News.aspx?newsID=17105 Human Rights Monthly Assessment: February 2008] {{webarchive |url=https://web.archive.org/web/20080502192519/http://www.monuc.org/News.aspx?newsID=17105 |date=2 May 2008 }}, MONUC, 16 April 2008[http://www.congoplanet.com/article.jsp?id=45261152 Court announces verdict on the massive rapes of Waka and Lifumba] {{webarchive |url=https://web.archive.org/web/20160812085410/http://www.congoplanet.com/article.jsp?id=45261152 |date=12 August 2016 }}, MONUC via Congo Planet, 20 February 2008

Under the German complementary law, crimes against humanity as defined in the Rome Statute can be prosecuted by German courts even if they are outside the jurisdiction of the court because they occur in a country that has not ratified the statute. That is under the principle of universal jurisdiction.

In December 2005, activists from Uzbekistan submitted a complaint against Uzbek Interior Minister Zokirjon Almatov in connection with the Andijan massacre. Almatov was visiting Germany at the time for hospital treatment. 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.[http://hrw.org/english/docs/2006/04/06/german13124.htm Germany: Prosecutor Denies Uzbek Victims Justice] {{webarchive |url=https://web.archive.org/web/20081007211313/http://hrw.org/english/docs/2006/04/06/german13124.htm |date=7 October 2008 }}, Human Rights Watch, 2006-04-06. Retrieved 3 February 2007

In May 2011, a trial against two alleged members of the FDLR began in Stuttgart, Germany. Ignace Murwanashyaka and Straton Musoni, both Rwandan citizens, are accused of 26 counts of crimes against humanity and 39 counts of war crimes, allegedly committed in the Democratic Republic of the Congo. It is the first trial in Germany under the Völkerstrafgesetzbuch in force since 2002.{{Cite web| url=https://www.bbc.co.uk/news/world-africa-13275795 | title=Rwanda: Ignace Murwanashyaka and Straton Musoni tried |work=BBC | date=4 May 2011 | access-date=5 May 2011 }}{{Cite web | url=http://olg-stuttgart.de/servlet/PB/menu/1266093/index.html?ROOT=1182029 | title=Oberlandesgericht Stuttgart (5. Strafsenat) eröffnet Hauptverfahren gegen zwei mutmaßliche Führungsfunktionäre der "Forces Démocratiques de Libération du Rwanda" (FDLR ) | language=de | work=Oberlandesgericht Stuttgart | date=4 March 2011 | access-date=5 May 2011 | archive-date=23 August 2011 | archive-url=https://web.archive.org/web/20110823161317/http://olg-stuttgart.de/servlet/PB/menu/1266093/index.html?ROOT=1182029 | url-status=dead }}

{{Reflist|30em}}

• [http://www.unictr.org/ United Nations International Criminal Tribunal for Rwanda]
• [https://web.archive.org/web/20150412024254/http://www.iccgate.com/ Public Forum to discuss the International Criminal Court]
• {{usurped|1=[https://web.archive.org/web/20070307195533/http://www.iccnow.org/?mod=unicc UN and the ICC]}}

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{{International Criminal Law}}

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