About the Book
This forty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICC in 2009. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. Contributors: Roman Graf, Ousman Njikam, Stephanie Bock, Koen Vriend, Gerhard Kemp, Ana Maria Torres Chedraui, Christoffer Wong, Pedro Caeiro & Miguel Manero and Nick Koumjian.
Table of Contents:
Table of Contents Table of Contents 5 6 7 TABLE OF CONTENTS Table of Contents... 5 Preface... 9 Part 1/ Preliminary matters 1. Warrant of arrest, summons to appear and charges Decision on the Prosecution's Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir, Prosecutor v. Al Bashir, Case No. ICC-02/05-01/09, P.T. Ch. I, 4 March 2009... 11 Separate and Partly Dissenting Opinion of Judge Anita Usacka... 61 Summons to appear for Bahr Idriss Abu Garda, Prosecutor v. Abu Garda, Case No. ICC-02/05-02/09, P.T. Ch. I, 7 May 2009... 87 Decision on the Filing of a Summary of the Charges by the Prosecutor, Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 21 October 2009... 93 Commentary Lea Kulinowski... 104 2. Admissibility challenge Decision on the admissibility of the case under article 19(1) of the Statute, Prosecutor v. Kony et al., Case No. ICC-02/04-01/05, P.T. Ch. II, 10 March 2009... 119 Reasons for the Oral Decision on the Motion Challenging the Admissibility of the Case (Article 19 of the Statute), Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 16 June 2009... 133 Judgment on the appeal of the Defence against the "Decision on the admissibility of the case under article 19 (1) of the Statute" of 10 March 2009, Prosecutor v. Kony et al., Case No. ICC-02/04-01/05 OA 3, A. Ch., 16 September 2009... 153 Judgment on the Appeal of Mr. Germain Katanga against the Oral Decision of Trial Chamber II of 12 June 2009 on the Admissibility of the Case, Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07-OA8, A. Ch., 25 September 2009... 175 Commentary Sally Longworth... 201 3. Pre-trial detention Decision on Application for Interim Release, Prosecutor v. Bemba, Case No. ICC-01/05-01/08, P.T. Ch. II, 14 April 2009... 213 Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa, Prosecutor v. Bemba, Case No. ICC-01/05-01/08, P.T. Ch. II, 14 August 2009... 225 Commentary Heather Stevenson... 244 Part 2/ Procedural matters 4. Victim participation Judgment on the appeals of the Defence against the decision entitled "Decision on victims' application for participation a/0010/06, a/0064/06, a/0064/06 - .to a/0127/06 of Pre-Trial Chamber II, Prosecutor v. Kony et al., Case No. ICC-02/04 OA and ICC-02/04-01/05 OA2, A. Ch., 23 February 2009... 249 Dissenting Opinion of Judge Georghios Pikis ... 259 Decision on the treatment of applications for participation, Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 26 February 2009... 263 Redacted version of "Decision on 'indirect victims', Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 8 April 2009... 277 "Decision on the request by victims a/0225/06, a/0229/06 and a/0270/07 to express their views and concerns in person and to present evidence during the trial", Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 26 June 2009... 289 Order on the organization of common legal representation of victims, Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 22 July 2009... 301 Decision on the Participation of Victims in the Appeal against the "Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa", Prosecutor v. Bemba, Case No. ICC-01/05-01/08 OA 2, A. Ch., 3 September 2009... 309 Dissenting Opinion of Judge Sang-Hyun Song... 313 Decision on the request by the legal representative of victims a/0001/06 - a/0162/07 for admission of the final report of the Panel of Experts on the illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo as evidence, Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 22 September 2009... 317 Grounds for the Decision on the 345 Applications for Participation in the Proceedings Submitted by Victims, Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 23 September 2009... 327 Partly Dissenting Opinion of Judge Hans-Peter Kaul... 345 Decision on victims' modalities of participation at the Pre-Trial Stage of the Case, Prosecutor v. Abu Garda, Case No. ICC-02/05-02/09, P.T. Ch. I, 6 October 2009... 347 Reasons for the "Decision on the Participation of Victims in the Appeal against the 'Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa", Prosecutor v. Bemba, Case No. ICC-01/05-01/08 OA 2, A. Ch., 20 October 2009... 355 Commentary Marianna Tonellato ... 361 5. Disclosure, access to evidence Reasons for the Oral Decision of 3 February 2009 on the Procedure for the Redaction of Documents Obtained by the Prosecutor Under Article 54(3)(e) of the Statute and Order Instructing the Prosecutor to Submit Documents to the Chamber, Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 26 February 2009... 397 Decision issuing Annex accompanying Decision lifting the stay of proceedings of 23 January 2009, Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 23 March 2009... 403 "Decision on the "Prosecution's Request for Non-Disclosure of the Identity of Twenty-Five Individuals providing Tu Quoque Information" of 5 December 2008", Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 2 June 2009... 407 Public Redacted Version of the Decision on the Prosecutor's Application to Redact Information Falling Under Article 67(2) of the Statute and Rule 77 of the Rules of Procedure and Evidence (Witnesses 6, 83, 102 and 221) of 18 May 2009 (ICC-01/04-01/07-1145-Conf-Exp), Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 18 August 2009... 427 Public Redacted Version of the "First Decision on the Prosecution's Request for Redactions" issued on 14 August 2009, Prosecutor v. Abu Garda, Case No. ICC-02/05-02/09, P.T. Ch. I, 20 August 2009 ... 435 Decision on the prosecution's request for an order on the disclosure of tu quoque material pursuant to Rule 77, Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 2 October 2009... 443 Decision on the disclosure of evidentiary material relating to the Prosecutor's site visit to Bogoro on 28, 29 and 31 March 2009, Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 9 October 2009... 451 Commentary Cristina Fernandez-Pacheco Estrada ... 471 6. Presentation and admissibility of evidence Decision on the admission of material from the "bar table", Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 24 June 2009... 485 Decision on the "Prosecution's Urgent Application to Be Permitted to Present as Incriminating Evidence Transcripts and translations of Videos and Video DRC-OTP-1042-0006 pursuant to Regulation 35 and Request for Redactions (ICC-01/04-01/07-1260)", Prosecutor v. Katanga and Ngudjolo Chui, Case No. ICC-01/04-01/07, T. Ch. II, 27 July 2009... 545 Commentary Steven Becker ... 554 7. Witnesses Instructions to the Court's expert on names and other social conventions in the Democratic Republic of Congo, Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 5 June 2009... 565 Decision on the Manner of Questioning Witnesses by the Legal Representatives of Victims, Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 16 September 2009... 571 Commentary Hakan Friman ... 580 8. Counsel and amicus Decision on the Request for Withdrawal of Counsel, Prosecutor v. Bemba, Case No. ICC-01/05-01/08, P.T. Ch. II, 17 September 2009... 585 Commentary Adam Wolrich ... 590 9. Legal characterization of facts Decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court, Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 14 July 2009... 593 Minority opinion on the "Decision giving notice to the parties and participants that the legal characterisation of facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court" of 17 July 2009, Prosecutor v. Lubanga, Case No. ICC-01/04-01/06-2054, T. Ch. I, 17 July 2009... 603 Clarification and further guidance to parties and participants in relation to the "Decision giving notice to the parties and participants that the legal characterization of the facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court", Prosecutor v. Lubanga, Case No. ICC-01/04-01/06, T. Ch. I, 27 August 2009... 615 Commentary Menno Dolman ... 621 Part 3/ Confirmation stage 10. Confirmation decision Decision Pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor Against Jean-Pierre Bemba Gombo, Prosecutor v. Bemba, Case No. ICC-01/05-01/08, P.T. Ch. II, 15 June 2009... 629 Commentary Alexandra Popov ... 722 Index... 729 Contributors and Editors... 733
