A/HRC/14/26
Resistance Force in Ituri, commenced on 24 November 2009. On 2 December 2009, Trial
Chamber II of the ICC decided to postpone the hearings in the case. The trial resumed on
26 January 2010.
Situation in Uganda
85.
Almost five years have passed since the issue of arrest warrants for Joseph Kony and
other senior Lords Resistance Army (LRA) commanders, including Okot Odhiambo and
Dominic Ongwen for crimes against humanity and war crimes they are suspected to have
committed between 2002 and 2004. They are alleged to have abducted children and used
them as soldiers and sexual slaves. The suspects still remain at large. In July 2009, the ICC
Office of the Prosecutor applauded past State cooperation in the effort to apprehend the
LRA fugitives. The Office stated that it was encouraged by the fact that the Governments of
the region are now acting together with the support of the United Nations Organization
Mission in the Democratic Republic of the Congo to address the issue of arresting LRA
suspects.
Kenya
86.
On 26 November 2009, the ICC Prosecutor sought authorization from Pre-Trial
Chamber II of the ICC to commence an investigation in relation to the crimes within the
jurisdiction of the Court allegedly committed on the territory of the Republic of Kenya
within the context of the 2007–2008 post-election violence. The Prosecutor claimed that the
alleged crimes appear to constitute crimes against humanity. On 18 February 2010, PreTrial Chamber II requested the Prosecutor to provide, no later than 3 March 2010,
clarification and additional information in the process of assessing whether or not to
authorize the Prosecutor to commence an investigation with regard to the situation in the
Republic of Kenya. In response to this request, on 3 March, the Prosecutor clarified that
senior political and business leaders associated with the main political parties organized,
enticed and/or financed attacks against the civilian population on account of their perceived
ethnic and/or political affiliation pursuant to or on furtherance of a State and/or
organizational policy. The Prosecutor provided the ICC with a list of the most serious
criminal incidents and a selected list of 20 names of persons who appear to bear the gravest
responsibility for these crimes. The Prosecutor indicated that these names are indicative
only at this stage and allegations will have to be measured against the evidence gathered
independently by the Prosecutor’s office.
Guinea
87.
In a statement, made on 19 February 2010, at the end of a three-day visit to Guinea,
the Deputy Prosecutor of the ICC said that crimes against humanity may have been
committed during the September 2008 events in Conakry, Guinea. Based on the findings of
the visit, a preliminary investigation will continue.
B.
International Criminal Tribunal for the former Yugoslavia
88.
The trial of Radovan Karadžić resumed on 1 March 2010. Prior to this, on 12
February, the Appeals Chamber dismissed in its entirety Karadžić’s motion against the
imposition of a court-appointed lawyer. The Appeals Chamber ruled that an accused is not
entitled to enjoy simultaneously both the right to defend himself in person and the right to
be defended through legal assistance of his own choosing. The Chamber specified that as
Karadžić has chosen self-representation, he “does not enjoy any rights that are derived from
choosing to be represented by legal counsel”. In December 2009, the Trial Chamber
rejected Karadžić’s motion challenging the legitimacy of the Court. Karadžić faces 11
18
GE.10-12622
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents