Resources
Monday, June 27, 2022
  • Login
Journalists for Justice
No Result
View All Result

Browse by Topic:

  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
Journalists for Justice
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
Journalists for Justice
No Result
View All Result
Home ICC Cases Africa Cases

ICC judges allow prosecutor to investigate crimes in Burundi

Journalists For JusticebyJournalists For Justice
November 29, 2017
in Africa Cases, ICC Cases
Reading Time: 4 mins read
A A
0

?????????????????????????????

Share on FacebookShare on Twitter

 Pre-Trial Chamber III of the International Criminal Court, composed of Judges Chang-ho Chung (Presiding), Antoine Kesia-Mbe Mindua and Raul C. Pangalangan, issued a public redacted version of its decision authorising the ICC Prosecutor to open an investigation into crimes agaunst humanity and war crimes allegedly committed in Burundi or by nationals of Burundi outside Burundi between 26 April 2015 and 26 October 2017. The Prosecutor is free to extend her investigation to crimes committed before 26 April 2015 or to continue after 26 October 2017 if certain legal requirements are met.  

The decision was first issued under seal on 25 October 2017, just two days before Burundi’s withdrawal from the Rome Statute, the treaty that creates the ICC, became effective. The Chamber accepted, exceptionally, after ordering the Prosecutor to provide additional information, to conduct the authorisation proceedings under seal and only with the participation of the Prosecutor, in order to attenuate risks to the life and well-being of victims and potential witnesses. The Prosecutor was in addition exceptionally granted a limited delay of 10 working days in notifying the initiation of the investigation to States normally exercising jurisdiction over the alleged crimes in order to prepare and implement protective measures for victims and potential witnesses to mitigate the potential risks. 

The Pre-Trial Chamber found that the Court has jurisdiction over crimes allegedly committed while Burundi was a State party to the ICC Rome Statute. Burundi was a State Party from the moment the Rome Statute entered into effect for Burundi (1 December 2004) until the end of the one-year interval since the notification of Burundi’s withdrawal (26 October 2017). The withdrawal became effective on 27 October 2017. Accordingly, the Court retains jurisdiction over any crime within its jurisdiction up to and including 26 October 2017, regardless of Burundi’s withdrawal. As a consequence, the Court may exercise its jurisdiction even after the withdrawal became effective for Burundi as long as the investigation or prosecution relate to the crimes allegedly committed during the time Burundi was a State Party to the Rome Statute. Moreover, Burundi has a duty to cooperate with the Court for the purpose of this investigation since the investigation was authorised on 25 October 2017, prior to the date on which the withdrawal became effective for Burundi. This obligation to cooperate remains in effect for as long as the investigation lasts and encompasses any proceedings resulting from the investigation. Burundi accepted those obligations when ratifying the Rome Statute.  

Pre-Trial Chamber III, considered that the supporting materials presented by the ICC Prosecutor, including victims’ communications submitted to the Prosecutor, offer a reasonable basis to proceed with an investigation in relation to crimes against humanity, including: a) murder and attempted murder; b) imprisonment or severe deprivation of liberty; c) torture; d) rape; e) enforced disappearance and f) persecution, allegedly committed in Burundi, and in certain instances outside of the country by nationals of Burundi, since at least 26 April 2015. The Chamber noted that, according to estimates, at least 1,200 persons were allegedly killed, thousands illegally detained, thousands reportedly tortured, and hundreds disappeared. The alleged acts of violence have reportedly resulted in the displacement of 413,490 persons between April 2015 and May 2017.  

The crimes were allegedly committed by State agents and other groups implementing State policies, including the Burundian National Police, national intelligence service, and units of the Burundian army, operating largely through parallel chains of command, together with members of the youth wing of the ruling party, known as the “Imbonerakure”.  

RelatedStories

Gicheru witness tampering trial starts before the ICC

Trial Chamber VI to hear Said Abdel Kani case

Court turns down bid to introduce elusive witness’s testimony, but allows four other statements

The ICC Prosecutor is not restricted to the incidents and crimes described in the decision but may, on the basis of the evidence, extend her investigation to other crimes against humanity or other crimes within the jurisdiction of the Court (i.e. genocide or war crimes), as long as she remains within the parameters of the authorised investigation. 

Lastly, the Chamber noted that, according to available information, the Burundian authorities have remained inactive in relation to potential cases arising out of the situation in Burundi. Despite the establishment of three commissions of inquiry and certain proceedings before domestic courts, the Chamber found that these steps were either deficient or did not concern the same persons or the same crimes that are likely to be the focus of an ICC investigation. Accordingly, there is no conflict of jurisdiction between the Court and Burundi. 

The Office of the Prosecutor will collect the necessary evidence from a variety of reliable sources, independently, impartially, and objectively. The investigation can take as long as needed to gather the required evidence. If sufficient evidence would be collected to establish that specific individuals bear criminal responsibility, the Prosecutor would then request Judges of Pre-Trial Chamber III to issue either summonses to appear or warrants of arrest.   

Public Redacted Version of “Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation into the Situation in the Republic of Burundi” 

Previous Post

Witness tells ICC he believed the radio was filled with dead people talking-Part 2

Next Post

Journalists speak about challenges of reporting ICC trials

Journalists For Justice

Journalists For Justice

Related Posts

Kenyan lawyer Paul Gicheru at the opening of his trial at the International Criminal Court on February 15, 2022. Photo credit: @ICC-CPI

Gicheru witness tampering trial starts before the ICC

February 16, 2022
Mr Said during the opening of the confirmation of charges hearing at the seat of the Court in The Hague (The Netherlands) on 12 October 2021 ©ICC-CPI

Trial Chamber VI to hear Said Abdel Kani case

December 20, 2021
Paul Gicheru appearing before the ICC via video-link from the ICC Detention Centre on 6 November 2020. Photo credit: ICC-CPI

Court turns down bid to introduce elusive witness’s testimony, but allows four other statements

December 17, 2021
Special Criminal Court Arrests CAR Minister Bouba for War Crimes. Photo: News Central TV

Pressure mounts for CAR minister to face justice

December 2, 2021
ICC Trial Chamber VIII declares Mr Al Mahdi guilty of the war crime of attacking historic and religious buildings in Timbuktu and sentences him to nine years' imprisonment. Photo credit: @ICC-CPI

Al Mahdi to be released early after ICC cuts sentence by two years

December 1, 2021
Dominic Ongwen's appeal hearing coming up in February 2022. Photo credit: @ICC-CPI.

Ongwen’s appeal hearing to start in February 2022

November 26, 2021
Next Post

Journalists speak about challenges of reporting ICC trials

0 0 votes
Article Rating
Subscribe
Login
Notify of
Please login to comment
0 Comments
Inline Feedbacks
View all comments
No Result
View All Result

Recent Posts

  • From Kyiv to Kabul and Darfur: Challenges of reporting justice and human rights
  • Gicheru to attend court session remotely
  • After euphoria of state white paper, victims now demand action on Jammeh
  • Right the Wrongs: Spotlight on the 2020 General Election in Tanzania
  • Selective approach to TRRC recommendations a sure recipe for defeating justice

Recent Comments

  • JFJ - Journalists for Justice on Kenyan lawyer denies bribery charges at the ICC
  • JFJ - Journalists for Justice on You did me wrong, Bemba tells ICC as he demands 70 million euros
  • JFJ - Journalists for Justice on Two victims’ lawyers in Kenyatta case in line to become next ICC prosecutor
  • JFJ - Journalists for Justice on Profiles of the four people shortlisted for the job of ICC Prosecutor
  • Write My Essay on Afghanistan case fails to take off at the ICC — pragmatism’ or surrender to the powerful?

Archives

Categories

JFJ – Journalists for Justice

We call out impunity wherever it occurs; we advocate justice for all victims of atrocity crimes; and we work with people of goodwill everywhere who share our values.

Browse by Topics:

Archives by Month:

Never Again
INTAHE
BarometreVerite
The Victims' Bantaba
No Result
View All Result
  • Confronting Impunity
  • Communities of Justice
  • Opinion
  • About US
  • Our Work
  • Login

Copyright © 2019. Journalists for Justice has asserted its right to be recognized as creators and owners of the content here. Reproduction in part or in whole is permitted on condition that JFJ is acknowledged and notified.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
wpDiscuz