On 24 August 2023, the International Criminal Court (ICC) concluded the Confirmation of Charges Hearing in the case of Maxime Jeoffroy Eli Mokom Gawaka, the alleged Central African Republic (CAR) war criminal.
The hearing, which started on 22 August, aimed to establish the sufficiency of evidence for the charges levelled against Mr Mokom. The judges listened to the oral arguments of the parties on the facts of the case and will make their decision as to whether the case will proceed to trial after two months of receiving the Defense’s response on the written submissions to be submitted after the hearing.
The case pertains to events that occurred in the CAR from December 2013 to late April 2014.
CAR, known as one of the world’s vulnerable countries, descended into a violent sectarian conflict after the Seleka rebels, a coalition consisting of mainly Muslims fighters, overthrew President Francois Bozize in early 2013. In response to the capture of the capital Bangui by the Seleka rebels, self-proclaimed self-defense Anti-Balaka militias led by Mr Mokom, composed mostly of Christian and animist fighters, reportedly attacked the capital city.
The attacks compelled sections of Muslim civilians to escape the capital, seeking refuge in neighbouring Cameroon and Chad.
Mr Mokom, 44, is alleged to bear individual criminal responsibility for directing attacks against the civilian population, murder, rape, directing attacks against buildings dedicated to religion, destruction of property, pillage, deportation and forcible transfer, severe deprivation of personal liberty and persecution.
The Confirmation of Charges Hearings shed light on these allegations against Mr Mokom, including his involvement and the gravity of the crimes.
Defense lawyer Kate Gibson questioned the prosecution’s presentation, highlighting a critical gap in linking the alleged crimes to Mr Mokom’s involvement. She noted that the prosecution had delineated the crimes committed and Mr Mokom’s contribution as separate entities but hadn’t effectively connected the two.
Philippe Larochelle, Lead Counsel for the Defense, delved further into Mr Mokom’s involvement, noting that he was conspicuously absent from the events in question, casting doubt on his direct participation.
The Prosecution, through Deputy Prosecutor Mame Mandiaye Niang, outlined how Mr Mokom, as a senior leader of the Anti-Balaka militia, intentionally contributed to violent attacks targeting Muslim civilians.
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The prosecution’s argument detailed the harsh conditions faced by Muslim civilians due to the Anti-Balaka militia attacks supported by Mr Mokom. The impacts were far-reaching, resulting in inadequate access to basic necessities such as food, shelter, and sanitation.
Furthermore, the Prosecution said that Mr Mokom, as a senior leader of the Anti-Balaka movement, played a significant role in orchestrating and structuring the group. This involvement encompassed providing material support, co-ordinating the group’s movement and attacks and issuing instructions.
Marie-Edith Douzima-Lawson, a Legal Representative of Victims, emphasised the importance of having victims’ voices in the proceedings, citing their role in adding depth and context beyond the charges themselves.
As the Confirmation of the Charges Hearing concludes, the judicial process enters a new phase. The Prosecutor, the Defense and the Legal Representatives of the Victims have until 14 September 2023 to submit their written arguments, which can be answered by the Prosecutor and Defense by 26 September 2023 at the latest, and by the Defense by 2 October 2023.
The Pre-Trial Chamber will then have four options: Either confirm the charges that have sufficient evidence and send the suspect to trial; Reject the charges that lack evidence and end the proceedings against Mr Mokom; Postpone the hearing and ask the Prosecutor to provide more evidence, do more investigations or, amend any charge showing a different crime than the one charged was committed.
During this time, the Prosecutor and the Defense cannot appeal this decision directly, but can ask permission from the Pre-Trial Chamber to appeal against it.
Mr Mokom was surrendered to the Court by the authorities of Chad on 14 March 2022 on account of an ICC warrant of arrest issued under seal on 10 December 2018. He made his first appearance before the ICC judges on 22 March 2022.
