court: icc

doctype: arrest-warrant

identifier: ICC-02/04-01/05 (Decision on the prosecutor's application for the warrants of arrest under Article 58)

caseName: The Prosecutor v. Joseph Kony, Vincent Otti and Okot Odhiambo

chamber: Pre-Trial Chamber II

decisionType: arrest-warrant

publisher: International Criminal Court

text: the Statute

text: the Statute, article 42

text: the Statute, article 54

text: the Statute, article 58

text: the Statute, article 68

text: the Statute, article 87

text: the Statute, article 89

text: the Statute, article 91

text: Cour Pénale No. !cc-o2/o4

text: Internationale International Criminal

text: Court

text: PRE-TRIAL CHAMBER II

text: Before: Judge Tuiloma Neroni Slade Judge Mauro Politi Judge Fatoumata Dembele Diarra

text: Registrar: Mr Bruno Cathala

text: SITUATION IN UGANDA Under Seal Ex Parte, Prosecutor Only DECISION ON THE PROSECUTOR'S APPLICATION FOR WARRANTS OF ARREST UNDER ARTICLE 58

text: The Office of the Prosecutor Mr Luis Moreno Ocampo, Prosecutor Ms Fatou Bensouda, Deputy Prosecutor Ms Christine Chung, Senior Trial Lawyer Mr Eric MacDonald, Trial Lawyer

text: No.: ICC-02/04 8 July 2005

text: PRE-TRIAL CHAMBER II (the "Chamber") of the International Criminal Court (the "Court"), sitting as the full Chamber pursuant to its decision on the 18th day of May 2005, to which, on the 5th day of July 2004, the Presidency assigned the situation in Uganda pursuant to regulation 46 of the Regulations of the Court (the "Regulations");

text: HAVING RECEIVED the "Prosecutor's application for Warrants of Arrest under Article 58" dated the 6th day of May 2005, as amended and supplemented by the Prosecutor on the 13th day of May 2005 and on the 18th day of May 2005 (the "Prosecutor's application"), and having considered it on the basis of the amended application dated the 18th day of May 2005;

text: NOTING the Prosecutor's request to be authorised to exceed the 50-page limit for his application for the issuance of warrants of arrest and the Chamber's decision on the 18th day of May 2005 granting the request;

text: NOTING that the Prosecutor's application seeks warrants of arrest for Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen, for some or all of the crimes listed under Counts 1 to 33 as set out in the Prosecutor's application;

text: BEING SATISFIED that, based upon the application, the evidence and other information submitted by the Prosecutor, and without prejudice to subsequent determination, the case against Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen falls within the jurisdiction of the Court and appears to be admissible;

text: No.: ICC-02/04 8 July 2005

text: BEING SATISFIED that, based upon the application, the evidence and other information submitted by the Prosecutor, there are reasonable grounds to believe that Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen committed crimes within the jurisdiction of the Court and that their arrests appear to be necessary under

text: article 58

text: , paragraph l(b), of

text: the Statute

text: of the Court (the "Statute");

text: HAVING DECIDED to grant the Prosecutor's application for the issuance of warrants of arrest for Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen (the "Warrants");

text: NOTING

text: article 91

text: , paragraph 2 (b), of

text: the Statute

text: , which provides that the request for arrest and surrender shall contain or be supported by a copy of the warrant of arrest;

text: NOTING the Prosecutor's request that the Office of the Prosecutor be permitted to transmit the Warrants and the requests for arrest and surrender relating thereto (the "Requests") to the relevant States parties and States not party to

text: the Statute

text: , and the reasons and concerns submitted by the Prosecutor in support of his request;

text: NOTING that the Prosecutor invokes rule 176, sub-rule 2, of the Rules of Procedure and Evidence (the "Rules") as the basis for his request to transmit the Warrants and the Requests;

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text: NOTING the reasons and concerns submitted by the Prosecutor during the hearing held before the Chamber on the 16th day of June 2005, in support of his request to transmit the Warrants and the Requests;

text: NOTING the authorities cited during the hearing held on the 16th day of June 2005 and submitted by the Prosecutor on the 17th day of June 2005, and having examined such authorities;

text: NOTING that

text: articles 87

text: and

text: of

text: the Statute

text: provide, respectively, that a request for cooperation may be made and that a request for arrest and surrender may be transmitted by the "Court";

text: CONSIDERING that, pursuant to

text: article 87

text: of

text: the Statute

text: , the Chamber, as one of the judicial organs of the Court, may make a request for cooperation and for arrest and surrender;

text: NOTING that

text: article 89

text: of

text: the Statute

text: needs to be read in connection with rule 176, sub-rule 2, of the Rules, which provides explicitly that the Registrar of the Court (the "Registrar") "shall transmit" the requests for cooperation "made by the Chambers" and shall receive the responses, information and documents from requested States;

text: NOTING that rule 176, sub-rule 2, of the Rules also provides explicitly for a separate and distinct procedure, by which the Office of the Prosecutor "shall transmit" the requests for cooperation "made by the Prosecutor" and shall receive the responses, information and documents from requested States;

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text: CONSIDERING the Requests issued by the Chamber as a result of the Prosecutor's application to be "made by the Chambers" within the meaning of rule 176, sub-rule 2, of the Rules;

text: NOTING also the tenor of other provisions of the Court's instruments, including rule 184 of the Rules, by which the requested State shall immediately inform the Registrar when the person sought by the Court is available for surrender and shall surrender the person by the date and in the manner agreed upon between the authorities of the requested State and the Registrar; and regulation 111 of the Regulations, which entrusts the Registrar with the transmission of a request for arrest and surrender in accordance with

text: article 89

text: , paragraph 1, of

text: the Statute

text: CONSIDERING that the literal meaning and purpose of rule 176, sub-rule 2, of the Rules, as evident also from its drafting history, is to establish two separate and distinct procedures involving, on the one hand, the Registrar in the discharge of his responsibilities with respect to requests for cooperation made by the Chambers; and, on the other hand, the Prosecutor, in respect of the requests for cooperation made by the Prosecutor, in line with the Prosecutor's powers under

text: articles 42

text: and

text: of

text: the Statute

text: CONSIDERING that the above reading of rule 176, sub-rule 2, of the Rules, in connection with

text: article 89

text: , paragraph 1, of

text: the Statute

text: , does not deprive any of these provisions of meaningful content, but rather clarifies their scope in relation to the specific functions and responsibilities of the Prosecutor under

text: articles 42

text: and

text: of

text: the Statute

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text: NOTING that under rule 176, sub-rule 2, of the Rules, the Registrar also has a role in informing the Chamber of the responses, information and documents received from requested States;

text: CONSIDERING that, unlike Rule 55 (D) of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia, referred to by the Prosecutor in his submissions, rule 176, sub-rule 2, of the Rules is not explicit as to any discretion of the Chamber regarding the organ to be entrusted with the transmission of the requests for cooperation and the receipt of the responses thereto;

text: CONSIDERING that the Chamber, in the exercise of its functions under

text: the Statute

text: , does not exclude the possibility of allocating to the Prosecutor, under specific and compelling circumstances, the transmission of a particular request for cooperation, or warrant of arrest, and the receipt of responses thereto;

text: CONSIDERING, however, that such specific and compelling circumstances are not established in the Prosecutor's application;

text: NOTING that the Prosecutor stated during the hearing held on the 16th day of June 2005 that it is not the "current intention" of his Office "to make the arrest warrants public or to seek their immediate transmission";

text: CONSIDERING that the main reason submitted by the Prosecutor in support of his request and further elaborated upon during the hearing held on the 16th day of June 2005 appears to be the Prosecutor's wish to exercise discretion as to the

text: No.: ICC-02/04 8 July 2005 timing and manner of the disclosure of the Warrants, with a view to determining "the moment at which the disclosure is optimal";

text: CONSIDERING that, under the relevant provisions of

text: the Statute

text: and of the Rules, the necessity for the issuance of a warrant and for its transmission must be justified on the basis of circumstances and evidence existing at the time of the application, and is not dependant or conditional on future circumstances;

text: CONSIDERING that the other concerns highlighted by the Prosecutor may be properly addressed by way of consultation and close cooperation between the Registrar and the Prosecutor, in accordance with the terms specified in the Requests, to ensure proper coordination with relevant entities and State authorities and thereby maximise the prospects for arrest while minimising the risk of threats or retaliatory attacks against witnesses and victims;

text: CONSIDERING, in these circumstances, that the Registrar is the competent and appropriate organ of the Court to transmit the Warrants and the Requests;

text: NOTING the Prosecutor's request that the Prosecutor's application and all the proceedings relating thereto be treated as under seal and be kept under seal;

text: CONSIDERING the Prosecutor's request as to confidentiality to be proper and justified in the circumstances described in the Prosecutor's application;

text: NOTING the Prosecutor's request for appropriate protective measures under

text: article 87

text: , paragraph 4, of

text: the Statute

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text: CONSIDERING the request for such protective measures to be proper and justified in the circumstances described in the Prosecutor's application, as further clarified during the hearings held on the 16th day of June 2005 and on the 21st day of June 2005;

text: NOTING the statements made by the Prosecutor during the hearings held on the 16th day of June 2005 and on the 21st day of June 2005 and noting, in particular, that the implementation of the Prosecutor's overall plan for the security of witnesses and victims in the field, as being developed in cooperation with the Victims and Witnesses Unit, is still ongoing and is yet to be completed;

text: CONSIDERING that there is a need for the Chamber to be properly and regularly informed of steps being taken to develop and implement security measures in the field, with a view to the exercise of its functions and responsibilities for the protection and privacy of victims and witnesses;

text: FOR THESE REASONS,

text: DECIDES that, for each of the persons whose arrest is sought by the Prosecutor, the Warrants and the Requests be issued as separate documents;

text: REJECTS the Prosecutor's request to transmit the Warrants and the Requests to the relevant States;

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text: DECIDES that the Warrants and the Requests, as well as the enclosed documentation as required by

text: article 91

text: , paragraph 2, of

text: the Statute

text: , be transmitted by the Registrar to the relevant States, in accordance with the terms set out in the Requests;

text: DECIDES, for the purposes of the Requests, to authorise disclosure to the Registrar of the Prosecutor's application, this decision, the Warrants and the Requests;

text: DECIDES that any information relating to the Prosecutor's application, the Requests and subsequent proceedings be provided and handled in a manner that protects the safety, or physical or psychological well-being of any victims, potential witnesses and their families, in particular those mentioned in the Prosecutor's application, in accordance with

text: articles 68

text: and

text: , paragraph 4, of

text: the Statute

text: DECIDES, without prejudice to the responsibilities of the Prosecutor under

text: the Statute

text: , that any measures, including relocation and measures related to the protection of information, as may be necessary or appropriate to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families, and in particular of those mentioned in the Prosecutor's application, be taken pursuant to

text: articles 68

text: and

text: , paragraph 4, of

text: the Statute

text: and in accordance with the terms of the Requests;

text: DECIDES also that, without prejudice to the responsibilities of the Prosecutor under

text: the Statute

text: , any other measures which may be necessary or appropriate to

text: No. : ICC-02/04 8 July 2005 prevent the disclosure of the identity or whereabouts of any victims, potential witnesses and their families, in particular of those mentioned in the Prosecutor's application, be taken in accordance with the terms of the Requests;

text: REQUESTS the Prosecutor, in consultation and cooperation with the Registrar and the Victims and Witnesses Unit, to inform the Chamber on a periodic and regular basis as to developments concerning the implementation of protective and security measures in the field;

text: ORDERS that the Prosecutor's application, the Warrants and the Requests be treated as under seal and be kept under seal, in accordance with this decision of the Chamber and until further order by the Chamber;

text: DECIDES that this decision be kept under seal until further order by the Chamber.

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type: avgorande


identifier: ICC-02/04-01/05 (Annexes to warrant of arrest for Joseph Kony)

title: Annexes to warrant of arrest for Joseph Kony

text: the Statute

text: the Statute, article 58

text: ICC-02/04-01/05-3 27-04-2006 ICC-02/04-01/05-3-US-Exp 12-07-2005 1/13 UM Pursuant to the Decision ICC-02/04-01/05-52 this document is now public

type: stycke

text: Cour Penale NO.: icc-o2/o4 Internationale mmmmmmmmmmmmmm^mmmmmmm Date-, s juiy 2005 International : Cnminal Court

text: PRE-TRIAL CHAMBER II

type: rubrik

text: Before: Judge Tuiloma Neroni Slade Judge Mauro Politi Judge Fatoumata Dembele Diarra

text: Registrar: Mr Bruno Cathala

text: SITUATION IN UGANDA Under Seal Ex Parte, Prosecutor Only ANNEXES TO WARRANT OF ARREST FOR JOSEPH KONY

text: The Office of the Prosecutor Mr Luis Moreno Ocampo, Prosecutor Ms Fatou Bensouda, Deputy Prosecutor Ms Christine Chung, Senior Trial Lawyer Mr Eric MacDonald, Trial Lawyer

text: No.: ICC-02/04 8 July 2005

text: Pursuant to the Decision ICC-02/04-01/05-52 this document is now public ICC-02/04-01/05-3 27-04-2006 ICC-02/04-01/05-3-US-Exp 12-07-2005 2/13 UM

text: ICC-02/04-01/05-3 27-04-2006 ICC-02/04-01/05-3-US-Exp 12-07-2005 3/13 UM Pursuant to the Decision ICC-02/04-01/05-52 this document is now public

text: ANNEX 2: RELEVANT PROVISIONS OF

text: THE STATUTE

text: OF THE COURT AND OF THE RULES OF PROCEDURE AND EVIDENCE CONCERNING THE RIGHTS OF A PERSON WHOSE ARREST IS SOUGHT

text: Article 19 Challenges to the jurisdiction of the Court or the admissibility of a case 1. The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17. 2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by: (a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58; (b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or (c) A State from which acceptance of jurisdiction is required under article 12. 3. The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court. 4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c). 5. A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity. 6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82. 7. If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17. 8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court: (a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6; (b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and (c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58. 9. The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge. 10. If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17. 11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor

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text: thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.

text: Article 55 Rights of persons during an investigation 1. In respect of an investigation under this Statute, a person: (a) Shall not be compelled to incriminate himself or herself or to confess guilt; (b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment; (c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and (d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute. 2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned: (a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court; (b) To remain silent, without such silence being a consideration in the determination of guilt or innocence; (c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and (d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

text: Article 57 Functions and powers of the Pre-Trial Chamber 1. Unless otherwise provided in this Statute, the Pre-Trial Chamber shall exercise its functions in accordance with the provisions of this article. 2. (a) Orders or rulings of the Pre-Trial Chamber issued under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 must be concurred in by a majority of its judges. (b) In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Pre-Trial Chamber 3. In addition to its other functions under this Statute, the Pre-Trial Chamber may: (a) At the request of the Prosecutor, issue such orders and warrants as may be required for the purposes of an investigation; (b) Upon the request of a person who has been arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence;

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text: (c) Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information; (d) Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation ofthat State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9.

text: (e) Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.

text: Article 59

text: Arrest proceedings in the custodial State 1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9. 2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law ofthat State, that: (a) The warrant applies to that person; (b) The person has been arrested in accordance with the proper process; and

text: (c) The person's rights have been respected. 3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender. 4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b). 5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

text: If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

text: Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

text: Article 60

text: Initial proceedings before the Court 1. Upon the surrender of the person to the Court, or the person's appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.

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text: A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions. 3. The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require. 4. The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions 5. If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the presence of a person who has been released.

text: Article 61 Confirmation of the charges before trial 1. Subject to the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel. 2. The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has: (a) Waived his or her right to be present; or (b) Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held. In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice. 3. Within a reasonable time before the hearing, the person shall: (a) Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and (b) Be informed of the evidence on which the Prosecutor intends to rely at the hearing. The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing. 4. Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal. 5. At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial. 6. At the hearing, the person may: (a) Object to the charges; (b) Challenge the evidence presented by the Prosecutor; and (c) Present evidence.

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text: The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall: (a) Confirm those charges in relation to which it has determined that there is sufficient evidence, and commit the person to a Trial Chamber for trial on the charges as confirmed;

text: (b) Decline to confirm those charges in relation to which it has determined that there is insufficient evidence; (c) Adjourn the hearing and request the Prosecutor to consider:

text: (i) Providing further evidence or conducting further investigation with respect to a particular charge; or

text: (ii) Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court. 8. Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence. 9. After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges. 10. Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor. 11. Once the charges have been confirmed in accordance with this article, the Presidency shall constitute a Trial Chamber which, subject to paragraph 9 and to article 64, paragraph 4, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings.

text: Article 67

text: Rights of the accused 1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;

text: (b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence; (c) To be tried without undue delay;

text: (d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;

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text: (f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;

text: (g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;

text: (h) To make an unsworn oral or written statement in his or her defence; and (i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.

text: In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.

text: Rule 21 Assignment of legal assistance 1. Subject to article 55, paragraph 2 (c), and article 67, paragraph 1 (d), criteria and procedures for assignment of legal assistance shall be established in the Regulations, based on a proposal by the Registrar, following consultations with any independent representative body of counsel or legal associations, as referred to in rule 20, sub-rule 3. 2. The Registrar shall create and maintain a list of counsel who meet the criteria set forth in rule 22 and the Regulations. The person shall freely choose his or her counsel from this list or other counsel who meets the required criteria and is willing to be included in the list. 3. A person may seek from the Presidency a review of a decision to refuse a request for assignment of counsel. The decision of the Presidency shall be final. If a request is refused, a further request may be made by a person to the Registrar, upon showing a change in circumstances. 4. A person choosing to represent himself or herself shall so notify the Registrar in writing at the first opportunity.

text: Where a person claims to have insufficient means to pay for legal assistance and this is subsequently found not to be so, the Chamber dealing with the case at that time may make an order of contribution to recover the cost of providing counsel.

text: Rule 112

text: Recording of questioning in particular cases 1. Whenever the Prosecutor questions a person to whom article 55, paragraph 2, applies, or for whom a warrant of arrest or a summons to appear has been issued under article 58, paragraph 7, the questioning shall be audio- or video-recorded, in accordance with the following procedure. (a) The person questioned shall be informed, in a language he or she fully understands and speaks, that the questioning is to be audio- or video-recorded, and that the person concerned may object if he or she so wishes. The fact that this information has been provided and the response given by the person concerned shall be noted in the record. The person may, before replying, speak in private with his or her counsel, if present. If the person questioned refuses to be audio- or video-recorded, the procedure in rule 111 shall be followed;

text: (b) A waiver of the right to be questioned in the presence of counsel shall be recorded in writing and, if possible, be audio- or video-recorded; (c) In the event of an interruption in the course of questioning, the fact and the time of the interruption shall be recorded before the audio- or video-recording ends as well as the time of resumption of the questioning;

text: No.: ICC-02/04 8 July 2005

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text: (d) At the conclusion of the questioning, the person questioned shall be offered the opportunity to clarify anything he or she has said and to add anything he or she may wish. The time of conclusion of the questioning shall be noted; (e) The tape shall be transcribed as soon as practicable after the conclusion of the questioning and a copy of the transcript supplied to the person questioned together with a copy of the recorded tape or, if multiple recording apparatus was used, one of the original recorded tapes;

text: (f) The original tape or one of the original tapes shall be sealed in the presence of the person questioned and his or her counsel, if present, under the signature of the Prosecutor and the person questioned and the counsel, if present. 2. The Prosecutor shall make every reasonable effort to record the questioning in accordance with sub-rule 1. As an exception, a person may be questioned without the questioning being audio- or video-recorded where the circumstances prevent such recording taking place. In this case, the reasons for not recording the questioning shall be stated in writing and the procedure in rule 111 shall be followed. 3. When, pursuant to sub-rule 1 (a) or 2, the questioning is not audio- or video-recorded, the person questioned shall be provided with a copy of his or her statement.

text: The Prosecutor may choose to follow the procedure in this rule when questioning other persons than those mentioned in sub-rule 1, in particular where the use of such procedures could assist in reducing any subsequent traumatization of a victim of sexual or gender violence, a child or a person with disabilities in providing their evidence. The Prosecutor may make an application to the relevant Chamber. 5. The Pre-Trial Chamber may, in pursuance of article 56, paragraph 2, order that the procedure in this rule be applied to the questioning of any person.

text: Rule 117 Detention in the custodial State

text: The Court shall take measures to ensure that it is informed of the arrest of a person in response to a request made by the Court under article 89 or 92. Once so informed, the Court shall ensure that the person receives a copy of the arrest warrant issued by the Pre-Trial Chamber under

text: article 58

text: and any relevant provisions of

text: the Statute

text: . The documents shall be made available in a language that the person fully understands and speaks.

text: At any time after arrest, the person may make a request to the Pre-Trial Chamber for the appointment of counsel to assist with proceedings before the Court and the Pre-Trial Chamber shall take a decision on such request. 3 A challenge as to whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b), shall be made in writing to the Pre-Trial Chamber. The application shall set out the basis for the challenge. After having obtained the views of the Prosecutor, the Pre-Trial Chamber shall decide on the application without delay. 4. When the competent authority of the custodial State notifies the Pre-Trial Chamber that a request for release has been made by the person arrested, in accordance with article 59, paragraph 5, the Pre-Trial Chamber shall provide its recommendations within any time limit set by the custodial State. 5. When the Pre-Trial Chamber is informed that the person has been granted interim release by the competent authority of the custodial State, the Pre-Trial Chamber shall inform the custodial State how and when it would like to receive periodic reports on the status of the interim release.

text: No. : ICC-02/04 8 July 2005

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text: Rule 118 Pre-trial detention at the seat of the Court 1. If the person surrendered to the Court makes an initial request for interim release pending trial, either upon first appearance in accordance with rule 121 or subsequently, the Pre-Trial Chamber shall decide upon the request without delay, after seeking the views of the Prosecutor. 2. The Pre-Trial Chamber shall review its ruling on the release or detention of a person in accordance with article 60, paragraph 3, at least every 120 days and may do so at any time on the request of the person or the Prosecutor. 3. After the first appearance, a request for interim release must be made in writing. The Prosecutor shall be given notice of such a request. The Pre-Trial Chamber shall decide after having received observations in writing of the Prosecutor and the detained person. The Pre-Trial Chamber may decide to hold a hearing, at the request of the Prosecutor or the detained person or on its own initiative. A hearing must be held at least once every year.

text: Rule 119 Conditional release 1. The Pre-Trial Chamber may set one or more conditions restricting liberty, including the following: (a) The person must not travel beyond territorial limits set by the Pre-Trial Chamber without the explicit agreement of the Chamber; (b) The person must not go to certain places or associate with certain persons as specified by the Pre-Trial Chamber; (c) The person must not contact directly or indirectly victims or witnesses; (d) The person must not engage in certain professional activities; (e) The person must reside at a particular address as specified by the Pre-Trial Chamber; (f) The person must respond when summoned by an authority or qualified person designated by the Pre- Trial Chamber; (g) The person must post bond or provide real or personal security or surety, for which the amount and the schedule and mode of payment shall be determined by the Pre-Trial Chamber; (h) The person must supply the Registrar with all identity documents, particularly his or her passport. 2. At the request of the person concerned or the Prosecutor or on its own initiative, the Pre-Trial Chamber may at any time decide to amend the conditions set pursuant to sub-rule 1. 3. Before imposing or amending any conditions restricting liberty, the Pre-Trial Chamber shall seek the views of the Prosecutor, the person concerned, any relevant State and victims that have communicated with the Court in that case and whom the Chamber considers could be at risk as a result of a release or conditions imposed. 4. If the Pre-Trial Chamber is convinced that the person concerned has failed to comply with one or more of the obligations imposed, it may, on such basis, at the request of the Prosecutor or on its own initiative, issue a warrant of arrest in respect of the person. 5. When the Pre-Trial Chamber issues a summons to appear pursuant to article 58, paragraph 7, and intends to set conditions restricting liberty, it shall ascertain the relevant provisions of the national law of the State receiving the summons. In a manner that is in keeping with the national law of the State receiving the summons, the Pre-Trial Chamber shall proceed in accordance with sub-rules 1, 2 and 3. If the Pre-Trial Chamber receives information that the person concerned has failed to comply with conditions imposed, it shall proceed in accordance with sub-rule 4.

text: No. : ICC-02/04 8 July 2005

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text: Rule 120

text: Instruments of restraint Personal instruments of restraint shall not be used except as a precaution against escape, for the protection of the person in the custody of the Court and others or for other security reasons, and shall be removed when the person appears before a Chamber.

text: Rule 121

text: Proceedings before the confirmation hearing 1. A person subject to a warrant of arrest or a summons to appear under article 58 shall appear before the Pre-Trial Chamber, in the presence of the Prosecutor, promptly upon arriving at the Court. Subject to the provisions of articles 60 and 61, the person shall enjoy the rights set forth in article 67. At this first appearance, the Pre-Trial Chamber shall set the date on which it intends to hold a hearing to confirm the charges. It shall ensure that this date, and any postponements under sub-rule 7, are made public.

text: In accordance with article 61, paragraph 3, the Pre-Trial Chamber shall take the necessary decisions regarding disclosure between the Prosecutor and the person in respect of whom a warrant of arrest or a summons to appear has been issued. During disclosure: (a) The person concerned may be assisted or represented by the counsel of his or her choice or by a counsel assigned to him or her;

text: (b) The Pre-Trial Chamber shall hold status conferences to ensure that disclosure takes place under satisfactory conditions. For each case, a judge of the Pre-Trial Chamber shall be appointed to organize such status conferences, on his or her own motion, or at the request of the Prosecutor or the person; (c) All evidence disclosed between the Prosecutor and the person for the purposes of the confirmation hearing shall be communicated to the Pre-Trial Chamber. 3. The Prosecutor shall provide to the Pre-Trial Chamber and the person, no later than 30 days before the date of the confirmation hearing, a detailed description of the charges together with a list of the evidence which he or she intends to present at the hearing. 4. Where the Prosecutor intends to amend the charges pursuant to article 61, paragraph 4, he or she shall notify the Pre-Trial Chamber and the person no later than 15 days before the date of the hearing of the amended charges together with a list of evidence that the Prosecutor intends to bring in support of those charges at the hearing.

text: Where the Prosecutor intends to present new evidence at the hearing, he or she shall provide the Pre- Trial Chamber and the person with a list of that evidence no later than 15 days before the date of the hearing.

text: If the person intends to present evidence under article 61, paragraph 6, he or she shall provide a list of that evidence to the Pre-Trial Chamber no later than 15 days before the date of the hearing. The Pre-Trial Chamber shall transmit the list to the Prosecutor without delay. The person shall provide a list of evidence that he or she intends to present in response to any amended charges or a new list of evidence provided by the Prosecutor. 7. The Prosecutor or the person may ask the Pre-Trial Chamber to postpone the date of the confirmation hearing. The Pre-Trial Chamber may also, on its own motion, decide to postpone the hearing.

text: The Pre-Trial Chamber shall not take into consideration charges and evidence presented after the time limit, or any extension thereof, has expired. 9. The Prosecutor and the person may lodge written submissions with the Pre-Trial Chamber, on points of fact and on law, including grounds for excluding criminal responsibility set forth in article 31, paragraph 1, no later than three days before the date of the hearing. A copy of these submissions shall be transmitted immediately to the Prosecutor or the person, as the case may be.

text: No : ICC-02/04 8 July 2005

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text: The Registry shall create and maintain a full and accurate record of all proceedings before the Pre-Trial Chamber, including all documents transmitted to the Chamber pursuant to this rule. Subject to any restrictions concerning confidentiality and the protection of national security information, the record may be consulted by the Prosecutor, the person and victims or their legal representatives participating in the proceedings pursuant to rules 89 to 91.

text: Rule 122

text: Proceedings at the confirmation hearing in the presence of the person charged 1. The Presiding Judge of the Pre-Trial Chamber shall ask the officer of the Registry assisting the Chamber to read out the charges as presented by the Prosecutor. The Presiding Judge shall determine how the hearing is to be conducted and, in particular, may establish the order and the conditions under which he or she intends the evidence contained in the record of the proceedings to be presented.

text: If a question or challenge concerning jurisdiction or admissibility arises, rule 58 applies. 3. Before hearing the matter on the merits, the Presiding Judge of the Pre-Trial Chamber shall ask the Prosecutor and the person whether they intend to raise objections or make observations concerning an issue related to the proper conduct of the proceedings prior to the confirmation hearing.

text: At no subsequent point may the objections and observations made under sub-rule 3 be raised or made again in the confirmation or trial proceedings.

text: If objections or observations referred to in sub-rule 3 are presented, the Presiding Judge of the Pre-Trial Chamber shall invite those referred to in sub-rule 3 to present their arguments, in the order which he or she shall establish. The person shall have the right to reply. 6. If the objections raised or observations made are those referred to in sub-rule 3, the Pre-Trial Chamber shall decide whether to join the issue raised with the examination of the charges and the evidence, or to separate them, in which case it shall adjourn the confirmation hearing and render a decision on the issues raised. 7. During the hearing on the merits, the Prosecutor and the person shall present their arguments in accordance with article 61, paragraphs 5 and 6.

text: The Pre-Trial Chamber shall permit the Prosecutor and the person, in that order, to make final observations. 9. Subject to the provisions of article 61, article 69 shall apply mutatis mutandis at the confirmation hearing.

text: Rule 123 Measures to ensure the presence of the person concerned at the confirmation hearing

text: When a warrant of arrest or summons to appear in accordance with article 58, paragraph 7, has been issued for a person by the Pre-Trial Chamber and the person is arrested or served with the summons, the Pre-Trial Chamber shall ensure that the person is notified of the provisions of article 61, paragraph 2.

text: The Pre-Trial Chamber may hold consultations with the Prosecutor, at the request of the latter or on its own initiative, in order to determine whether there is cause to hold a hearing on confirmation of charges under the conditions set forth in article 61, paragraph 2 (b). When the person concerned has a counsel known to the Court, the consultations shall be held in the presence of the counsel unless the Pre-Trial Chamber decides otherwise. 3. The Pre-Trial Chamber shall ensure that a warrant of arrest for the person concerned has been issued and, if the warrant of arrest has not been executed within a reasonable period of time after the issuance of the warrant, that all reasonable measures have been taken to locate and arrest the person.

text: No.: ICC-02/04 8 July 2005

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text: Rule 124 Waiver of the right to be present at the confirmation hearing 1. If the person concerned is available to the Court but wishes to waive the right to be present at the hearing on confirmation of charges, he or she shall submit a written request to the Pre-Trial Chamber, which may then hold consultations with the Prosecutor and the person concerned, assisted or represented by his or her counsel. 2. A confirmation hearing pursuant to article 61, paragraph 2 (a), shall only be held when the Pre-Trial Chamber is satisfied that the person concerned understands the right to be present at the hearing and the consequences of waiving this right. 3. The Pre-Trial Chamber may authorize and make provision for the person to observe the hearing from outside the courtroom through the use of communications technology, if required. 4. The waiving of the right to be present at the hearing does not prevent the Pre-Trial Chamber from receiving written observations on issues before the Chamber from the person concerned.

text: Rule 187 Translation of documents accompanying request for surrender For the purposes of article 67, paragraph 1 (a), and in accordance with rule 117, sub-rule 1, the request under article 91 shall be accompanied, as appropriate, by a translation of the warrant of arrest or of the judgment of conviction and by a translation of the text of any relevant provisions of

text: the Statute

text: , in a language that the person fully understands and speaks.

text: No. ICC-02/04 8 July 2005

title: The Prosecutor v. Joseph Kony, Vincent Otti and Okot Odhiambo


doctype: admissibility

identifier: ICC-02/04-01/05 (Decision initiating proceedings under article 19, requesting observations and appointing counsel for the Defence)

decisionType: admissibility

text: the Statute

text: the Statute, article 17

text: the Statute, article 19

text: Cour Pénale Internationale

text: International Criminal Court

text: Original : English No.: ICC-02/04-01/05 Date: 21 October 2008

text: PRE-TRIAL CHAMBER II

text: Before: Judge Mauro Politi, Presiding Judge Judge Fatoumata Dembele Diarra Judge Ekaterina Trendafilova

text: SITUATION IN UGANDA IN THE CASE OF THE PROSECUTOR v. JOSEPH KONY, VINCENT OTTl, OKOT ODHIAMBO, DOMINIC ONGWEN Public Document

text: No. ICC-02/04-01/05 1/9 21 October 2008

text: Decision/Order/Judgment to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Mr Luis Moreno Ocampo Mr Jens Dieckmann Ms Fatou Bensouda

text: Legal Representatives of the Victims Legal Representatives of the Applicants

text: Unrepresented Victims Unrepresented Applicants for Participation/Reparation

text: The Office of Public Counsel for The Office of Public Counsel for the Victims Defence Ms Paolina Massidda

text: States Representatives Amicus Curlae The Government of the Republic of Uganda

text: REGISTRY Registrar Defence Support Section Ms Silvana Arbia Victims and Witnesses Unit Detention Section

text: Victims Participation and Reparations Other Section

text: No. ICC-02/04-01/05 2/9 21 October 2008

text: PRE-TRIAL CHAMBER II (the "Chamber") of the International Criminal Court (the "Court");

text: RECALLING the warrant of arrest for Joseph KONY, issued by the Chamber on 8 July 2005, as amended on 27 September 2005,l and the warrants of arrest issued for Vincent OTTI,2 Okot ODHIAMBO,3 and Dominic ONGWEN4 on 8 July 2005 (the "Warrants"), in the case of the Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongzven ("the Case");

text: RECALLING the request for arrest and surrender of Joseph KONY, dated 8 July 2005, as amended on 27 September 2005,5 and the requests for arrest and surrender of Vincent OTTL6 Okot ODHIAMBO7 and Dominic ONGWEN8 to the Republic of Uganda, dated 8 July 2005;

text: NOTING the "Agreement on Accountability and Reconciliation Between the Government of the Republic of Uganda and the Lord's Resistance Army/Movement Juba, Sudan" signed on 29 June 2007 (the "Principal Agreement");

text: NOTING the "Annexure to the Agreement on Accountability and Reconciliation signed between the Government of the Republic of Uganda and the Lord's Resistance Army/Movement" on 19 February 2008 (the "Annexure");

text: NOTING the "Request for information from the Republic of Uganda on the status of execution of the Warrants of Arrest", dated 29 February 2008;9

text: . 2

text: . 3

text: . 4

text: . 5 ICC-02/04-01/05-29-US-Exp, reclassified as public pursuant to Decision ICC-02/04-01/05-135. 6 ICC-02/04-01/05-13-US-Exp, reclassified as public pursuant to Decision ICC-02/04-01/05-135. 7 ICC-02/04-01/05-15-US-Exp, reclassified as public pursuant to Decision ICC-02/04-01/05-135. 8 ICC-02/04-01/05-16-US-Exp, reclassified as public pursuant to Decision ICC-02/04-01/05-135. 9ICC-02/04-01/05-274. No. ICC-02/04-01/05 3/9 21 October 2008

text: NOTING the "Report by the Registrar on the Execution of the 'Request for Information from the Republic of Uganda on the Status of Execution of the Warrants of Arrest'", dated 28 March 2008,10 and the Response of the Acting Solicitor General of the Republic of Uganda annexed to the Report (the "Ugandan First Response");11

text: NOTING the "Request for further information from the Republic of Uganda on the status of execution of the Warrants of Arrest", dated 18 June 2008;12

text: NOTING the "Report by the Registrar on the Execution of the 'Request for Further Information from the Republic of Uganda on the Status of Execution of the Warrants of Arrest'", dated 10 July 2008,13 and the Response of the Acting Solicitor General of the Republic of Uganda annexed to the Report (the "Ugandan Second Response");14

text: NOTING the Single Judge's "Decision on victims' applications for participation a/0010/06, a/0064/06 to a/0070/06, a/0081/06 to a/0104/06 and a/0111/06 to a/0127/06" , filed on 13 August 2007 in the record of the situation in Uganda (the "Situation")15 and in the record of the Case16, whereby the Single Judge inter alia granted applicants a/0090/06, a/0098/06, a/0112/06, a/118/06, a/0119/06 and a/0122/06 the status of victims in the Case and requested the Registrar to assist them in the appointment of a common legal representative;

text: 10ICC-02/04-01/05-286. " ICC-02/04-01/05-286-Anx2. 12ICC-02/04-01/05-299. » ICC-02/04-01/05-305. i* ICC-02/04-01/05-305-Anx2. is ICC-02/04-lOO-Conf-Exp; ICC-02/04-101. i* ICC-02/04-01/05-251-Conf-Exp; ICC-02/04-01/05-252. No. ICC-02/04-01/05 4/9 21 October 2008

text: NOTING the "Decision on legal representation of Victims a/0090/06, a/0098/06, a/0101/06, a/0112/06, a/0118/06, a/0119/06 and a/0122/06", filed on 15 February 2008 in the record of the Situation17 and in the record of the Case;18

text: NOTING the "Decision on victims' applications for participation a/0010/06, a/0064/06 to a/0070/06, a/0081/06, a/0082/06, a/0084/06 to a/0089/06, a/0091/06 to a/0097/06, a/0099/06, a/0100/06, a/0102/06 to a/0104/06, a/0111/06, a/0113/06 to a/0117/06, a/0120/06, a/0121/06 and a/0123/06 to a/0127/06",, filed on 17 March 2008 in the record of the Situation19 and in the record of the Case,20 whereby the Single Judge inter alia granted applicants a/0094/06, a/0095/06, a/0103/06, a/0117/06, a/0120/06, a/0121/06, a/0123/06 and a/0124/06 the status of victims in the Case, and requested the Registrar to assist them in the appointment of a common legal representative;

text: NOTING

text: articles 17

text: (1) and

text: (3) of

text: the Statute

text: of the Court (the "Statute"), rules 58(2) and 59 of the Rules of Procedure and Evidence of the Court (the "Rules"), and regulations 76(1), 80(1) and 80(2) of the Regulations of the Court (the "Regulations");

text: NOTING further that, pursuant to

text: article 19

text: (1) of

text: the Statute

text: , the Court may, on its own motion, determine the admissibility of a case in accordance with article 17;

text: NOTING also the decision dated 13 July 2006 (the "Appeals Chamber Decision"), whereby the Appeals Chamber "accepts that the Pre-Trial Chamber may on its own motion address admissibility";21

text: NOTING that the Appeals Chamber Decision held that, "when deciding on an application for a warrant of arrest in ex parte Prosecutor only proceedings", the Pre- 17ICC-02/04-117. 18ICC-02/04-01/05-267. i" ICC-02/04-124-Conf-Exp ; ICC-02/04-125. 20 ICC-02/04-01/05-281-Conf-Exp ; ICC-02/04-01/05-282. 21 ICC 01/04-169 («classified as public pursuant to Decision ICC-01/04-538-PUB-Exp), paragraph 52. No. ICC-02/04-01/05 5/9 21 October 2008

text: Trial Chamber has to exercise its discretion on the matter "only when it is appropriate in the circumstances of the case bearing in mind the interests of the suspect";22

text: NOTING that the Annexure provides for the establishment of a special division of the High Court of Uganda (the "Special Division"), entrusted with the task of "try[ing] individuals who are alleged to have committed serious crimes during the conflict" in Uganda23 ;

text: NOTING that the Annexure further provides that the Government of Uganda shall ensure that serious crimes committed during the conflict are addressed by the Special Division; traditional justice mechanisms; and any other alternative justice mechanisms established under the Principal Agreement;24

text: CONSIDERING that both the Ugandan First and Second Response acknowledge the provisions in the Principal Agreement and in the Annexure providing for the establishment of the Special Division;

text: CONSIDERING, in particular, that the Ugandan First Response refers expressly to the relationship between the creation of the Special Division and the jurisdiction of the International Criminal Court over the Case by stating that the Special Division "is not meant to supplant the work of the International Criminal Court" and that individuals for whom a warrant has been issued by the latter "will have to be brought before the special division of the High Court for trial";

text: CONSIDERING therefore that a determination by the Chamber on the admissibility of the Case in accordance with

text: articles 19

text: (1) and

text: of

text: the Statute

text: is appropriate in light of the circumstances in order to ensure the proper application of the relevant 22 Ibidem. 23 Clause 7. 24 Clause 23. No. ICC-02/04-01/05 6/9 21 October 2008 provisions concerning admissibility to current and future proceedings in the Situation;

text: NOTING that, in the context of the proceedings leading to such determination, the Republic of Uganda as well as victims who have communicated with the Court in relation to the Case or their legal representatives, are entitled, pursuant to rule 59 (1) of the Rules, to receive from the Registrar information on the question which has arisen and to make written observations or representations in accordance with

text: article 19

text: (3) of

text: the Statute

text: and rule 59(3) of the Rules within a time limit set by the Chamber;

text: CONSIDERING that, for the purpose of the present proceedings, "victims who have communicated with the Court or their legal representatives" means: a) those victims who have been admitted to participate in the Case or their legal representatives; and b) those applicants who have submitted applications to be admitted to participate with respect to the Case or their legal representatives;

text: NOTING that, according to rule 58(2) of the Rules, a Chamber acting on its own motion as provided for in article 19(1) "shall decide on the procedure to be followed and may take appropriate measures for the proper conduct of the proceedings";

text: CONSIDERING that, in order to preserve the fairness of the proceedings, the Prosecutor and the persons for whom the Warrants have been issued shall also be given the opportunity to submit written observations on the matter;

text: NOTING regulation 76(1) of the Regulations, which provides that the Chamber, "following consultation with the Registrar, may appoint counsel in the circumstances specified in

text: the Statute

text: and the Rules or where the interests of justice so require";

text: No. ICC-02/04-01705 7/9 21 October 2008

text: CONSIDERING that, in the present circumstances, where none of the persons for whom an arrest warrant has been issued is yet represented by a defence counsel, appointment of a counsel for the defence to represent those persons within the context and for the purposes of the present proceedings is in the interest of justice;

text: HAVING REGARD THERETO AND FOR THESE REASONS,

text: DECIDES to initiate proceedings under

text: article 19

text: (1) of

text: the Statute

text: ORDERS the Registrar to inform the Republic of Uganda of the initiation of the present proceedings;

text: ORDERS the Registrar to inform the victims who have already communicated with the Court with respect to the Case or their legal representatives of the initiation of the present proceedings;

text: APPOINTS Mr Jens Dieckmann as counsel for the Defence, within the context and for the purposes of the present proceedings;

text: INVITES the Republic of Uganda, the Prosecutor, the counsel for the Defence and victims who have already communicated with the Court with respect to the Case, or their legal representatives, to submit their observations on the admissibility of the Case by 10 November 2008.

text: No. ICC-02/04-Oiy05 8/9 21 October 2008

text: Done in English and French, the English version being authoritative.

text: JUJ(

text: Judge Mauro Politi Presiding Judge Judge Fatoumata Cfembele Diarra Judge Ekaterina

text: Dated this Tuesday, 21 October 2008

text: At The Hague, The Netherlands.

text: No. ICC-02/04-01/05 9/9 21 October 2008