identifier: ICC-02/04-01/05 (Warrant of arrest for Vincent Otti)

title: Warrant of arrest for Vincent Otti

text: the Statute

text: the Statute, article 18

text: the Statute, article 19

text: the Statute, article 5

text: the Statute, article 53

text: the Statute, article 58

text: the Statute, article 7

text: the Statute, article 8

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

text: PRE-TRIAL CHAMBER II

text: Before: Judge Tuiloma Neroni Slade

text: Judge Mauro Politi

text: Judge Fatoumata Dembele Diarra

text: Registrar: Mr Bruno Cathala

text: SITUATION IN UGANDA

text: Public redacted version

text: WARRANT OF ARREST FOR VINCENT OTTI

text: The Office of the Prosecutor

text: 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 th th the 18 day of May 2005, to which, on the 5 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 th under Article 58” dated the 6 day of May 2005, as amended and th th supplemented by the Prosecutor on the 13 day of May and on the 18 day of May 2005 (the “Prosecutor’s application”), and having considered it on the th basis of the amended application dated the 18 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 th Chamber’s decision on the 18 day of May 2005 granting the request;

text: NOTING that the Prosecutor’s application seeks a warrant of arrest for VINCENT OTTI for the crimes listed under Counts 1 and 3 to 33, as set out in the Prosecutor’s application, as well as warrants of arrest for four other persons named in the Prosecutor’s application;

text: The Lord’s Resistance Army (the “LRA”)

text: CONSIDERING the general allegations presented in the Prosecutor’s application that the LRA is an armed group carrying out an insurgency against the Government of Uganda and the Ugandan Army (also known as

text: No.: ICC-02/04 8 July 2005 the Uganda People’s Defence Force (“UPDF”)) and local defence units (“LDUs”) since at least 1987; that over this time, including the period from the st 1 day of July 2002, the LRA has been directing attacks against both the UPDF and LDUs and against civilian populations; that, in pursuing its goals, the LRA has engaged in a cycle of violence and established a pattern of “brutalization of civilians” by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly “recruited” as fighters, porters and sex slaves to serve the LRA and to contribute to attacks against the Ugandan army and civilian communities;

text: CONSIDERING that the existence and acts of the LRA, as well as their impact on Uganda’s armed forces and civilian communities, have been reported by the Government of Uganda and its agencies and by several independent sources, including the United Nations, foreign governmental agencies, non-governmental organisations and world media;

text: CONSIDERING the allegations that the LRA was founded and is led by Joseph Kony, the Chairman and Commander-in-Chief, and that it is organised in a military-type hierarchy and operates as an army;

text: CONSIDERING the allegations that LRA forces are divided into four brigades named Stockree, Sinia, Trinkle and Gilva and that, since July 2002, the LRA hierarchy of posts under Joseph Kony’s overall leadership has included VINCENT OTTI, the Vice-Chairman and Second-in-Command; the Army Commander; three senior posts of Deputy Army Commander, Brigade No.: ICC-02/04 8 July 2005

text: General and Division Commander; and four Commanders of equal rank, each of whom leads one of the four LRA brigades;

text: CONSIDERING the specific allegations that VINCENT OTTI, Joseph Kony and other senior LRA commanders are the key members of “Control Altar”, the section representing the core of the LRA leadership responsible for devising and implementing the LRA strategy, including standing orders to attack and brutalise civilian populations;

text: CONSIDERING the allegations that VINCENT OTTI, as the Vice-Chairman and Second-in-Command of the LRA, shared with Joseph Kony the task of setting out the LRA objectives and acted as “Kony’s commander of the LRA for its operations in Uganda” from REDACTED 2003 to REDACTED 2004, when Joseph Kony was based in southern Sudan; that VINCENT OTTI was the addressee of Joseph Kony’s standing orders to attack and brutalise civilians; that he was responsible for making orders regarding the timing and location of various LRA operations, as well as for participating in their execution; that VINCENT OTTI’s role as intermediary between Joseph Kony and the other LRA commanders made him the addressee of reports on attacks committed by subordinates;

text: HAVING EXAMINED the Prosecutor’s submission that, in his capacity as Second-in-Command to the LRA’s Chairman and Commander-in-Chief Joseph Kony, VINCENT OTTI, together with other persons whose arrest is sought by the Prosecutor, ordered or induced the commission of several crimes within the jurisdiction of the Court during the period from 1 July 2002 to REDACTED 2004; No.: ICC-02/04 8 July 2005

text: CONSIDERING that sources indicated by the Prosecutor as confirming VINCENT OTTI’s role within the LRA leadership include statements from former LRA commanders, victim or witness accounts, radio broadcast recordings and short-wave radio communications between VINCENT OTTI and Joseph Kony intercepted by Ugandan investigative authorities;

text: CONSIDERING the Prosecutor’s allegations that, in or around the middle of the year 2002, Joseph Kony ordered LRA forces to begin a campaign of attacks against civilians in the regions of REDACTED and REDACTED; that, in REDACTED 2003, he ordered LRA fighters, also known as rebels, to move into the REDACTED region, attack the UPDF forces and civilian settlements and abduct civilians for the purpose of recruitment to the ranks of the LRA (the “REDACTED campaign”); that, at some time REDACTED 2003, Joseph Kony issued broad orders to target and kill civilian populations, including those living in camps for internally displaced persons (“IDP”); that VINCENT OTTI was “in overall command” of the REDACTED campaign; that, in REDACTED 2003, VINCENT OTTI addressed LRA forces, explaining the objectives and strategies of the campaign; and that VINCENT OTTI’s direct involvement with the objectives and strategies of the campaign as a whole is shown by recordings of intercepted radio communications between VINCENT OTTI and Joseph Kony and accounts from former members of the LRA;

text: NOTING that the Prosecutor’s application charges VINCENT OTTI with criminal responsibility for six attacks mentioned hereafter forming part of the REDACTED Campaign and having occurred from REDACTED 2003 until REDACTED 2004; No.: ICC-02/04 8 July 2005

text: NOTING that the Prosecutor charges VINCENT OTTI with crimes against humanity and war crimes, as specified in Counts 1 and 3 to 33 of his application, in connection with the attacks on the REDACTED, the REDACTED IDP camp REDACTED, the REDACTED IDP Camp, the REDACTED IDP Camp, the REDACTED IDP Camp and the REDACTED IDP Camp;

text: Attack on REDACTED

text: NOTING that the Prosecutor alleges that, on REDACTED 2003, REDACTED armed men REDACTED attacked the REDACTED District, Uganda, abducted REDACTED girls and looted REDACTED;

text: NOTING that the evidence submitted, including REDACTED, suggests that some of the abducted REDACTED were REDACTED “threatened, beaten and raped”; that REDACTED; that REDACTED indicated that the abduction REDACTED and REDACTED sexual enslavement occurred “in fulfillment of orders given by Otti and Kony”;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2003, REDACTED fighters” attacked the REDACTED IDP Camp REDACTED in the REDACTED District, abducted civilians and forced them to carry looted No.: ICC-02/04 8 July 2005 items; that, according to Ugandan authorities, the attack resulted in the death of REDACTED civilians and in the abduction of REDACTED civilians, REDACTED;

text: NOTING that the evidence submitted, including accounts from REDACTED, suggests that the attack on the REDACTED IDP Camp was commanded by VINCENT OTTI; that some of the REDACTED reported seeing VINCENT OTTI addressing the fighters REDACTED; that VINCENT OTTI also reportedly performed ritual acts, REDACTED; that intercepted radio communications establish that REDACTED;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2004, the residents of the REDACTED IDP Camp in the REDACTED District were attacked by a group REDACTED, who REDACTED “spread through the camp … hacking and shooting civilians, burning civilians’ homes and looting” REDACTED; that, according to Ugandan authorities, the attack resulted in the death of REDACTED civilians, the wounding of REDACTED other civilians as well as in the abduction of REDACTED civilians; that it is reported that REDACTED were abducted and that weapons and other items REDACTED were taken from the camp by LRA fighters during the attack;

text: NOTING that the evidence submitted, including excerpts of intercepted radio communications, suggests that the attack was carried out by a senior LRA commander in pursuance of orders by Joseph Kony and VINCENT OTTI; that REDACTED stated that the attack on the REDACTED IDP Camp No.: ICC-02/04 8 July 2005

text: “fitted” the latter’s orders as regards the REDACTED campaign; and that VINCENT OTTI approved of the attack;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2004, an armed group attacked the REDACTED IDP Camp, in the REDACTED District, REDACTED started shooting at and hacking civilians; that the attack resulted in REDACTED houses being burnt and the REDACTED; that sources including Ugandan authorities and local hospitals records indicate that the attack resulted in the death of REDACTED civilians, including children and women, and the wounding of REDACTED civilians;

text: NOTING that the evidence submitted, including intercepted radio communications and information provided by REDACTED, suggests that VINCENT OTTI and Joseph Kony reiterated the order to carry out attacks on IDP camps between the attack on the REDACTED IDP Camp and the attack on the REDACTED IDP Camp;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2004, an armed group attacked the REDACTED IDP Camp in the REDACTED District, REDACTED, started retreating and burning houses, looting and abducting people;

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

text: NOTING that, according to the Prosecutor, REDACTED, UPDF soldiers found the bodies of REDACTED men, women and children who had been bludgeoned to death, as well as some survivors who were transported to the local hospital; REDACTED; that, according to Ugandan authorities, the attack resulted in the death of REDACTED civilians, the wounding of REDACTED residents of the camp and the killing of REDACTED;

text: NOTING that the evidence submitted, including records maintained by Ugandan investigative authorities and accounts from REDACTED, suggests that the attack was ordered by VINCENT OTTI, who had also personally selected the commanders who led the attack; that, REDACTED, VINCENT OTTI addressed the LRA soldiers before the attack was carried out; that, REDACTED; and that records maintained by Ugandan authorities allegedly corroborate such statements;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2004, the REDACTED IDP Camp was attacked by an armed group, who REDACTED started “shooting and beating civilian residents, burning huts and looting”; that, according to the United Nations, the attack resulted in REDACTED people being killed and REDACTED being injured and abducted; that, according to Ugandan authorities and local hospital records, the attack resulted in the death of REDACTED civilians, the injury of REDACTED people, the abduction of REDACTED people, as well as in REDACTED civilian houses being burnt;

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

text: NOTING that the evidence submitted, including intercepted radio communications, suggests that the attack was carried out in fulfillment of orders given by VINCENT OTTI, together with Joseph Kony; that intercepted radio communications show REDACTED reporting the completion of the attack to VINCENT OTTI; and that Joseph Kony and VINCENT OTTI discussed and approved of the attack;

text: NOTING

text: article 58

text: and

text: article 19

text: of

text: the Statute

text: of the Court (the “Statute”);

text: th 30. NOTING the letter of referral dated the 16 day of December 2003 by the Attorney General of Uganda, appended as Exhibit A to the Prosecutor’s application, by which the “situation concerning the Lord’s Resistance Army” in northern and western Uganda was submitted to the Court;

text: NOTING the Prosecutor’s conclusion that “the scope of the referral encompasses all crimes committed in Northern Uganda in the context of the ongoing conflict involving the LRA” and that the Prosecutor notified the Government of Uganda of his conclusion as referred to in paragraph 1 of the Prosecutor’s application;

text: th 32. NOTING the “Declaration on Temporal Jurisdiction”, dated the 27 day of February 2004, appended as Exhibit B to the Prosecutor’s application, whereby the Republic of Uganda accepted the exercise of the Court’s jurisdiction for crimes committed following the entry into force of

text: the Statute

text: st on the 1 day of July 2002;

text: No.: ICC-02/04 8 July 2005 th 33. NOTING the “Letter on Jurisdiction” dated the 28 day of May 2004 by the Solicitor-General of the Republic of Uganda to the Prosecutor, appended as Exhibit C to the Prosecutor’s application;

text: NOTING that all of the crimes allegedly committed by VINCENT OTTI fall within the provisions of

text: articles 5

text: and

text: of

text: the Statute

text: and that such crimes st are alleged to have taken place after the 1 day of July 2002 and within the context of the situation in Uganda as referred to the Court; 35. NOTING the Prosecutor’s determination that the requirements of

text: article 53

text: , paragraph 1, of

text: the Statute

text: were satisfied;

text: NOTING that the Prosecutor affirms in paragraph 3 of the application that letters of notification were distributed to “all States parties under

text: article 18

text: , paragraph 1, of

text: the Statute

text: , as well as to other States that would normally exercise jurisdiction”; and that the Prosecutor had not received from any State information pursuant to

text: article 18

text: , paragraph 2, of

text: the Statute

text: th 37. NOTING the statements in the “Letter on Jurisdiction” dated the 28 day of May 2004 that “the Government of Uganda has been unable to arrest … persons who may bear the greatest responsibility” for the crimes within the referred situation; that “the ICC is the most appropriate and effective forum for the investigation and prosecution of those bearing the greatest responsibility” for those crimes; and that the Government of Uganda “has not conducted and does not intend to conduct national proceedings in relation to the persons most responsible”;

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

text: BEING SATISFIED that, on the basis of the application, the evidence and other information submitted by the Prosecutor, and without prejudice to subsequent determination, the case against VINCENT OTTI falls within the jurisdiction of the Court and appears to be admissible;

text: NOTING

text: articles 5

text: and

text: of

text: the Statute

text: setting out crimes against humanity and war crimes; and noting also the Elements of Crimes;

text: NOTING the evidence submitted by the Prosecutor in support of the existence of the contextual elements of the alleged crimes;

text: NOTING that the Prosecutor’s application relies on several categories of evidence to support the allegations made in his application;

text: BEING SATISFIED, on the basis of the application, the evidence and other information submitted by the Prosecutor, that there are reasonable grounds to believe that VINCENT OTTI, together with other persons whose arrest is sought by the Prosecutor, ordered or induced the commission of crimes within the jurisdiction of the Court, namely, crimes against humanity and war crimes, particulars of which are set out in the following counts as numbered in the Prosecutor’s application:

text: Count One

text: (Sexual Enslavement of REDACTED Constituting Crimes Against Humanity) On REDACTED 2003, ordering the commission of crimes against humanity which in fact occurred or were attempted, namely, the sexual enslavement and attempted sexual enslavement of REDACTED District, Uganda (

text: articles 7

text: (1)(g) and 25(3)(b) of

text: the Statute

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

text: Count Three

text: (Inducing of Rape of REDACTED Constituting War Crimes)

text: On REDACTED 2003, inducing the commission of war crimes which in fact occurred or were attempted, namely, the rape of REDACTED District, Uganda (

text: articles 8

text: (2)(e)(vi) and 25(3)(b) of

text: the Statute

text: Count Four

text: (Attack Against the Civilian Population of REDACTED Constituting War Crime)

text: On REDACTED 2003, ordering the commission of a war crime which in fact occurred, namely, the intentional directing of an attack against the civilian population of REDACTED District, Uganda, and against individual civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Five

text: (Enlisting of Children of REDACTED Constituting War Crimes)

text: On REDACTED 2003, ordering the commission of war crimes which in fact occurred, namely, the enlisting, through abduction, of REDACTED District, Uganda (

text: articles 8

text: (2)(e)(vii) and 25(3)(b) of

text: the Statute

text: Count Six

text: (Enslavement at REDACTED IDP Camp Constituting Crimes Against Humanity)

text: On REDACTED 2003, ordering the commission of crimes against humanity which in fact occurred, namely, the enslavement of REDACTED civilian residents of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 7

text: (1)(c) and 25(3)(b) of

text: the Statute

text: Count Seven

text: (Cruel Treatment at REDACTED IDP Camp Constituting War Crimes)

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

text: On REDACTED 2003, ordering the commission of war crimes which in fact occurred, namely, the cruel treatment of civilian residents of REDACTED IDP Camp, by abducting them, tying or otherwise restraining them, and forcing them, under threat of death, to carry plundered property, in REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Eight

text: (Attack Against the Civilian Population at REDACTED IDP Camp Constituting War Crime)

text: On REDACTED 2003, ordering the commission of a war crime which in fact occurred, namely, the intentional directing of attacks against the civilian population of REDACTED IDP Camp, in REDACTED District, Uganda, and against individual civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Nine

text: (Pillaging at REDACTED IDP Camp Constituting War Crimes)

text: On REDACTED 2003, ordering the commission of war crimes which in fact occurred, namely, the pillaging of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: Count Ten

text: (Murders at REDACTED IDP Camp Constituting Crimes Against Humanity)

text: On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the unlawful killings of REDACTED civilian residents of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 7

text: (1)(a) and 25(3)(b) of

text: the Statute

text: Count Eleven

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

text: On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the enslavement of REDACTED civilian residents of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 7

text: (1)(c) and 25(3)(b) of

text: the Statute

text: Count Twelve

text: (Murder at REDACTED IDP Camp Constituting War Crimes)

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the unlawful killings of REDACTED civilian residents of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Thirteen

text: (Enlisting of Children at REDACTED IDP Camp Constituting War Crimes)

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the enlisting, through abduction, of residents of REDACTED IDP Camp REDACTED, in REDACTED District, Uganda (

text: articles 8

text: (2)(e)(vii) and 25(3)(b) of

text: the Statute

text: Count Fourteen

text: On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the intentional directing of attacks against the civilian population of REDACTED IDP Camp, in REDACTED District, Uganda, and against individual civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Fifteen

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

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the pillaging of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: Count Sixteen

text: (Murder at REDACTED IDP Camp Constituting Crimes Against Humanity)

text: articles 7

text: (1)(a) and 25(3)(b) of

text: the Statute

text: Count Seventeen

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Eighteen

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Nineteen

text: On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the pillaging of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

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

text: Count Twenty

text: On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the unlawful killings of REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 7

text: (1)(a) and 25(3)(b) of

text: the Statute

text: Count Twenty-One

text: On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the enslavement of REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 7

text: (1)(c) and 25(3)(b) of

text: the Statute

text: Count Twenty-Two

text: (Inhumane Acts at REDACTED IDP Camp Constituting Crimes Against Humanity)

text: On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the inhumane acts of inflicting serious bodily injury and suffering upon REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 7

text: (1)(k) and 25(3)(b) of

text: the Statute

text: Count Twenty-Three

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the unlawful killings of REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

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

text: Count Twenty-Four

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the cruel treatment of civilian residents of REDACTED IDP Camp, by abducting REDACTED, forcing them to march under armed guard and threat of death, and then beating them, REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Twenty-Five

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Twenty-Six

text: On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the pillaging of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: Count Twenty-Seven

text: articles 7

text: (1)(a) and 25(3)(b) of

text: the Statute

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

text: Count Twenty-Eight

text: articles 7

text: (1)(c) and 25(3)(b) of

text: the Statute

text: Count Twenty-Nine

text: articles 7

text: (1)(k) and 25(3)(b) of

text: the Statute

text: Count Thirty

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the killings of REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Thirty-One

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the cruel treatment of civilian residents of REDACTED IDP Camp, by abducting REDACTED residents, forcing them REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

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

text: Count Thirty-Two

text: (Attack Against the Civilian Population at REDACTED IDP Camp Constituting War Crime) On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the intentional directing of attacks against the civilian population of REDACTED IDP Camp, REDACTED District, Uganda, and against individual civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Thirty-Three

text: (Pillaging at REDACTED IDP Camp Constituting War Crimes) On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the pillaging of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: NOTING the reasons advanced by the Prosecutor as to the necessity for the arrest of VINCENT OTTI; namely, to ensure VINCENT OTTI’s appearance at trial; to ensure that he does not obstruct or endanger the investigation, either individually or on a collective basis; and to prevent him from continuing to commit crimes within the jurisdiction of the Court;

text: BEING SATISFIED that the issuance of a warrant of arrest for VINCENT OTTI appears necessary based on the facts and circumstances referred to in the Prosecutor’s application, namely, that the LRA has been in existence for the past 18 years; and that the LRA commanders are allegedly inclined to launch retaliatory strikes, thus creating a risk for victims and witnesses who have spoken with or provided evidence to the Office of the Prosecutor;

text: No.: ICC-02/04 8 July 2005 th 45. NOTING the statements made by the Prosecutor at the hearings on the 16 st day of June 2005 and the 21 of June 2005 to the effect that attacks by the LRA are still occurring and that there is therefore a likelihood that failure to arrest VINCENT OTTI will result in the continuation of crimes of the kind described in the Prosecutor’s application;

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

text: FOR THESE REASONS,

text: PRE-TRIAL CHAMBER II GRANTS the Prosecutor’s application for a warrant of arrest for VINCENT OTTI pursuant to

text: article 58

text: of

text: the Statute

text: and HEREBY ISSUES:

text: A WARRANT OF ARREST (the “Warrant”) for the SEARCH, ARREST, DETENTION AND SURRENDER to the Court of VINCENT OTTI, a male whose photographs are annexed; who is also known as “the Vice-Chairman of the LRA”, the “Deputy Chairman of the LRA ” or “Kony’s Number 2”; who is believed to be a national of Uganda, born in Atiak Sub-County, Gulu District, Uganda, and to be approximately 60 years of age;

text: ORDERS that the said VINCENT OTTI be advised at the time of his arrest, and in a language he fully understands and speaks, of his rights as set forth in the following provisions of

text: the Statute

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

text: - article 19, paragraph 2 (challenges to the jurisdiction of the Court or the admissibility of a case); - article 55, paragraph 2 (rights of persons during an investigation); - article 57 (functions and powers of the Pre-Trial Chamber); - article 59 (arrest proceedings in the custodial State); - article 60 (initial proceedings before the Court); - article 61 (confirmation of the charges before trial); - article 67 (rights of the accused); - rule 21 (assignment of legal assistance); - rule 112 (recording of questioning in particular cases); - rule 117 (detention in the custodial State); - rule 118 (pre-trial detention at the seat of the Court); - rule 119 (conditional release); - rule 120 (instruments of restraint); - rule 121 (proceedings before the confirmation hearing); - rule 122 (proceedings at the confirmation hearing in the presence of the person charged); - rule 123 (measures to ensure the presence of the person concerned at the confirmation hearing); - rule 124 (waiver of the right to be present at the confirmation hearing); - rule 187 (translation of documents accompanying request for surrender);

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

text: ORDERS that the Warrant shall remain in effect until further order by the Chamber; 51. AUTHORISES the Warrant to be made available and disclosed to persons or entities designated by the authorities of the State requested in the Request for Arrest and Surrender and only for the purposes of the execution of the Warrant; 52. ORDERS that the Warrant, in all other respects, be kept under seal until further order by the Chamber.

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

text: signed

text: Judge Tuiloma Neroni Slade Presiding Judge

text: signed signed

text: th Dated this 8 day of July 2005 At The Hague, The Netherlands No.: ICC-02/04 8 July 2005

text: Seal of the Court

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


court: icc

doctype: arrest-warrant

identifier: ICC-02/04-01/05 (Warrant of arrest for Raska Lukwiya)

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

chamber: Pre-Trial Chamber II

decisionType: arrest-warrant

publisher: International Criminal Court

title: Warrant of arrest for Raska Lukwiya

text: the Statute

text: the Statute, article 18

text: the Statute, article 19

text: the Statute, article 5

text: the Statute, article 53

text: the Statute, article 58

text: the Statute, article 7

text: the Statute, article 8

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

type: stycke

text: PRE-TRIAL CHAMBER II

type: rubrik

text: Before: Judge Tuiloma Neroni Slade

text: Judge Mauro Politi

text: Judge Fatoumata Dembele Diarra

text: Registrar: Mr Bruno Cathala

text: SITUATION IN UGANDA

text: Public redacted version

text: WARRANT OF ARREST FOR RASKA LUKWIYA

text: The Office of the Prosecutor

text: 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 th th the 18 day of May 2005, to which, on the 5 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 th under Article 58” dated the 6 day of May 2005, as amended and th th supplemented by the Prosecutor on the 13 day of May 2005 and on the 18 day of May 2005 (the “Prosecutor’s application”), and having considered it on th the basis of the amended application of the 18 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 th Chamber’s decision on the 18 day of May 2005 granting the request;

text: NOTING that the Prosecutor’s application seeks a warrant of arrest for RASKA LUKWIYA for the crimes listed under Counts 6 to 9, as set out in the Prosecutor’s application, as well as warrants of arrest for four other persons named in the Prosecutor’s application;

text: The Lord’s Resistance Army (the “LRA”)

text: CONSIDERING the general allegations presented in the Prosecutor’s application that the LRA is an armed group carrying out an insurgency against the Government of Uganda and the Ugandan Army (also known as

text: No.: ICC-02/04 8 July 2005 the Uganda People’s Defence Force (“UPDF”)) and local defence units (“LDUs”) since at least 1987; that over this time, including the period from 1 July 2002, the LRA has been directing attacks against both the UPDF and LDUs and against civilian populations; that, in pursuing its goals, the LRA has engaged in a cycle of violence and established a pattern of “brutalization of civilians” by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly “recruited” as fighters, porters and sex slaves to serve the LRA and to contribute to attacks against the Ugandan army and civilian communities;

text: CONSIDERING that the existence and acts of the LRA, as well as their impact on Uganda’s armed forces and civilian communities, have been reported by the Government of Uganda and its agencies and by several independent sources, including the United Nations, foreign governmental agencies, non-governmental organisations and world media;

text: CONSIDERING the allegations that the LRA was founded and is led by Joseph Kony, the Chairman and Commander-in-Chief, and that the LRA is organised in a military-type hierarchy and operates as an army;

text: CONSIDERING the allegations that LRA forces are divided into four brigades named Stockree, Sinia, Trinkle and Gilva, and that since July 2002 the LRA’s hierarchy of posts under Joseph Kony’s overall leadership has included Vincent Otti, the Vice-Chairman and Second-in-Command; RASKA LUKWIYA, the Army Commander who formerly occupied the posts of Brigade General and Deputy Army Commander; the Division Commander

text: No.: ICC-02/04 8 July 2005 and four Commanders of equal rank, each of whom leads one of the four LRA brigades;

text: CONSIDERING the specific allegations that Joseph Kony, Vincent Otti and other senior LRA commanders, including RASKA LUKWIYA, are the key members of “Control Altar”, the section representing the core LRA leadership responsible for devising and implementing LRA strategy, including standing orders to attack and brutalise civilian populations;

text: HAVING EXAMINED the Prosecutor’s submission that, in his capacity as the former Deputy Army Commander of the LRA, and together with other persons whose arrests are sought by the Prosecutor, RASKA LUKWIYA ordered the commission of several crimes within the jurisdiction of the Court during REDACTED 2003;

text: CONSIDERING that sources indicated by the Prosecutor as confirming RASKA LUKWIYA’s role within the LRA’s leadership include recordings of intercepted radio communications, accounts from former members of the LRA and accounts from witnesses and victims;

text: CONSIDERING the Prosecutor’s allegations that, in or around the middle of the year 2002, Joseph Kony ordered LRA forces to begin a campaign of attacks against civilians in the regions of REDACTED and REDACTED; that, in REDACTED 2003, Joseph Kony ordered LRA fighters, known also as rebels, to move into the REDACTED region, attack the UPDF forces and civilian settlements and abduct civilians for the purpose of recruitment to the ranks of the LRA (the “REDACTED campaign”); that, in response to Joseph

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

text: Kony’s orders, senior LRA commanders, including Vincent Otti and RASKA LUKWIYA, moved into the REDACTED region to conduct LRA operations; that LRA operations also continued to be conducted in the REDACTED region; that REDACTED 2003, Joseph Kony issued broad orders to target and kill civilian populations, including those living in camps for internally displaced persons (“IDP”); that, during the REDACTED campaign and other LRA operations, there existed standing orders, given by Joseph Kony, to loot and to abduct civilians; that RASKA LUKWIYA’s direct involvement with the objectives and strategies of the campaign as a whole is shown by recordings of intercepted radio communications, accounts from former members of the LRA and accounts from witnesses and victims;

text: NOTING that the Prosecutor’s application charges RASKA LUKWIYA with criminal responsibility for the attack on the REDACTED IDP Camp REDACTED mentioned hereafter forming part of the REDACTED campaign and having occurred in REDACTED 2003;

text: NOTING that the Prosecutor charges RASKA LUKWIYA with a crime against humanity and war crimes, as specified in Counts 6 to 9 of his application, in connection with the attack on the REDACTED IDP Camp;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2003, “REDACTED fighters” attacked the REDACTED IDP Camp REDACTED, in the REDACTED District, abducted civilians and forced them to carry looted items; that, according to Ugandan authorities, the attack resulted in the death

text: No.: ICC-02/04 8 July 2005 of REDACTED civilians and in the abduction of REDACTED civilians, REDACTED;

text: NOTING that the evidence submitted, including accounts from REDACTED and intercepted radio communications, suggests that RASKA LUKWIYA was the most senior LRA commander to receive orders from Vincent Otti before the attack on the REDACTED IDP Camp; that RASKA LUKWIYA proceeded to the scene of the attack and commanded the LRA forces that were present; and that accounts from REDACTED confirm RASKA LUKWIYA’s presence during the attack;

text: NOTING

text: article 58

text: and

text: article 19

text: of

text: the Statute

text: of the Court (the “Statute”);

text: th 18. NOTING the letter of referral dated the 16 day of December 2003 from the Attorney General of the Republic of Uganda, appended as Exhibit A to the Prosecutor’s application, by which the “situation concerning the Lord’s Resistance Army” in northern and western Uganda was submitted to the Court;

text: NOTING the Prosecutor’s conclusion that “the scope of the referral encompassed all crimes committed in Northern Uganda in the context of the ongoing conflict involving the LRA” and that the Prosecutor notified the Government of Uganda of his conclusion as referred to in paragraph 1 of the Prosecutor’s application;

text: No.: ICC-02/04 8 July 2005 th 20. NOTING the “Declaration on Temporal Jurisdiction”, dated the 27 day of February 2004, appended as Exhibit B to the Prosecutor’s application, whereby the Republic of Uganda accepted the exercise of the Court’s jurisdiction for crimes committed following the entry into force of

text: the Statute

text: st on the 1 day of July 2002;

text: th 21. NOTING the “Letter on Jurisdiction” dated the 28 day of May 2004 from the Solicitor-General of the Republic Uganda to the Prosecutor, appended as Exhibit C to the Prosecutor’s application;

text: NOTING that all of the crimes alleged against RASKA LUKWIYA fall within the provisions of

text: articles 5

text: and

text: of

text: the Statute

text: , and that such crimes are st alleged to have taken place after the 1 day of July 2002 and within the context of the situation in Uganda as referred to the Court;

text: NOTING the Prosecutor’s determination that the requirements of

text: article 53

text: , paragraph 1, of

text: the Statute

text: were satisfied;

text: NOTING that the Prosecutor affirms in paragraph 3 of the application that letters of notification were distributed to “all States parties under

text: article 18

text: , paragraph 1, of

text: the Statute

text: , as well as to other States that would normally exercise jurisdiction”; and that the Prosecutor had not received from any State information pursuant to

text: article 18

text: , paragraph 2, of

text: the Statute

text: No.: ICC-02/04 8 July 2005 th 25. NOTING the statements in the “Letter of Jurisdiction” dated the 28 day of May 2004, that “the Government of Uganda has been unable to arrest … persons who may bear the greatest responsibility” for the crimes within the referred situation; that “the ICC is the most appropriate and effective forum for the investigation and prosecution of those bearing the greatest responsibility” for those crimes; and that the Government of Uganda “has not conducted and does not intend to conduct national proceedings in relation to the persons most responsible”;

text: BEING SATISFIED that, on the basis of the application, the evidence and other information submitted by the Prosecutor, and without prejudice to subsequent determination, the case against RASKA LUKWIYA falls within the jurisdiction of the Court and appears to be admissible;

text: NOTING

text: articles 5

text: and

text: of

text: the Statute

text: setting out crimes against humanity and war crimes; and noting also the Elements of Crimes;

text: NOTING the evidence submitted by the Prosecutor in support of the existence of the contextual elements of the alleged crimes;

text: NOTING that the Prosecutor relies on several categories of evidence to support the allegations made in his application;

text: BEING SATISFIED, on the basis of the application, the evidence and other information submitted by the Prosecutor, that there are reasonable grounds to

text: No.: ICC-02/04 8 July 2005 believe that RASKA LUKWIYA, together with other persons whose arrests are sought by the Prosecutor, ordered the commission of crimes within the jurisdiction of the Court, namely, a crime against humanity and war crimes, particulars of which are set out in the following counts as numbered in the Prosecutor’s application:

text: Count Six

text: (Enslavement at REDACTED IDP Camp Constituting Crimes Against Humanity)

text: On REDACTED 2003, ordering the commission of crimes against humanity which in fact occurred, namely, the enslavement of REDACTED civilian residents of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 7

text: (1)(c) and 25(3)(b) of

text: the Statute

text: Count Seven

text: (Cruel Treatment at REDACTED IDP Camp Constituting War Crimes)

text: On REDACTED 2003, ordering the commission of war crimes which in fact occurred, namely, the cruel treatment of civilian residents of REDACTED IDP Camp, by abducting them, tying or otherwise restraining them, and forcing them, under threat of death, to carry plundered property, in REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Eight

text: (Attack Against the Civilian Population at REDACTED IDP Camp Constituting War Crime)

text: On REDACTED 2003, ordering the commission of a war crime which in fact occurred, namely, the intentional directing of attacks against the civilian population of REDACTED IDP Camp, in REDACTED District, Uganda, and against individual civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Nine

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

text: (Pillaging at REDACTED IDP Camp Constituting War Crimes) On REDACTED 2003, ordering the commission of war crimes which in fact occurred, namely, the pillaging of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: NOTING the reasons advanced by the Prosecutor as to the necessity for arrest, namely, to ensure RASKA LUKWIYA’s appearance at trial; to ensure that he does not obstruct or endanger the investigation, either individually or on a collective basis; and to prevent him from continuing to commit crimes within the jurisdiction of the Court;

text: BEING SATISFIED that the issuance of a warrant of arrest appears necessary based on the facts and circumstances referred to in the Prosecutor’s application, namely that the LRA has been in existence for the past 18 years; and that the LRA’s commanders are allegedly inclined to launch retaliatory strikes, thus creating a risk for victims and witnesses who have spoken with or provided evidence to the Office of the Prosecutor;

text: th 33. NOTING the statements made by the Prosecutor at the hearings on the 16 st day of June 2005 and the 21 day of June 2005 to the effect that attacks by the LRA are still occurring and that there is therefore a likelihood that failure to arrest RASKA LUKWIYA will result in the continuation of crimes of the kind described in the Prosecutor’s application;

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

text: FOR THESE REASONS,

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

text: PRE-TRIAL CHAMBER II GRANTS the Prosecutor’s application for a warrant of arrest for RASKA LUKWIYA pursuant to

text: article 58

text: of

text: the Statute

text: and HEREBY ISSUES:

text: A WARRANT OF ARREST (the “Warrant”) for the SEARCH, ARREST, DETENTION AND SURRENDER to the Court of RASKA LUKWIYA, a male whose photograph is annexed; who is believed to have served in the LRA successively as Brigade General, Deputy Army Commander and Army Commander, the latter being the third highest position within the LRA; and who is believed to be a national of Uganda from the Gulu District, Uganda;

text: ORDERS that the said RASKA LUKWIYA be advised at the time of his arrest, and in a language he fully understands and speaks, of his rights as set forth in the following provisions of

text: the Statute

text: and the Rules of Procedure and Evidence, the texts of which are annexed to the Warrant:

text: - article 19, paragraph 2 (challenges to the jurisdiction of the Court or the admissibility of a case); - article 55, paragraph 2 (rights of persons during an investigation); - article 57 (functions and powers of the Pre-Trial Chamber); - article 59 (arrest proceedings in the custodial State); - article 60 (initial proceedings before the Court); - article 61 (confirmation of the charges before trial); No.: ICC-02/04 8 July 2005

text: - article 67 (rights of the accused); - rule 21 (assignment of legal assistance); - rule 112 (recording of questioning in particular cases); - rule 117 (detention in the custodial State); - rule 118 (pre-trial detention at the seat of the Court); - rule 119 (conditional release); - rule 120 (instruments of restraint); - rule 121 (proceedings before the confirmation hearing); - rule 122 (proceedings at the confirmation hearing in the presence of the person charged); - rule 123 (measures to ensure the presence of the person concerned at the confirmation hearing); - rule 124 (waiver of the right to be present at the confirmation hearing); - rule 187 (translation of documents accompanying request for surrender);

text: ORDERS that the Warrant shall remain in effect until further order by the Chamber;

text: AUTHORISES the Warrant to be made available and disclosed to persons or entities designated by the authorities of the State requested in the Request for Arrest and Surrender and only for the purposes of the execution of the Warrant;

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

text: ORDERS that the Warrant, in all other respects, be kept under seal until further order by the Chamber; 41. Done in both English and French, the English version being authoritative.

text: signed

text: signed signed

text: Judge Mauro Politi Judge Fatoumata Dembele Diarra

text: th Dated this 8 day of July 2005 At The Hague, The Netherlands

text: Seal of the Court

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

type: avgorande


identifier: ICC-02/04-01/05 (Warrant of arrest for Okot Odhiambo)

title: Warrant of arrest for Okot Odhiambo

text: the Statute

text: the Statute, article 18

text: the Statute, article 19

text: the Statute, article 5

text: the Statute, article 53

text: the Statute, article 58

text: the Statute, article 7

text: the Statute, article 8

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

text: PRE-TRIAL CHAMBER II

text: Before: Judge Tuiloma Neroni Slade

text: Judge Mauro Politi

text: Judge Fatoumata Dembele Diarra

text: Registrar: Mr Bruno Cathala

text: SITUATION IN UGANDA

text: Public redacted version

text: WARRANT OF ARREST FOR OKOT ODHIAMBO

text: The Office of the Prosecutor

text: 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 th th the 18 day of May 2005, to which, on the 5 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 th under Article 58” dated the 6 day of May 2005, as amended and th th supplemented by the Prosecutor on the 13 day of May 2005 and on the 18 day of May 2005 (the “Prosecutor’s application”), and having considered it on th the basis of the amended application of the 18 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 th Chamber’s decision on the 18 day of May 2005 granting the request;

text: NOTING that the Prosecutor’s application seeks a warrant of arrest for OKOT ODHIAMBO for the crimes listed under Counts 10 to 19, as set out in the Prosecutor’s application, as well as warrants of arrest for four other persons named in the Prosecutor’s application;

text: The Lord’s Resistance Army (the “LRA”)

text: CONSIDERING the general allegations presented in the Prosecutor’s application that the LRA is an armed group carrying out an insurgency against the Government of Uganda and the Ugandan Army (also known as

text: No.: ICC-02/04 8 July 2005 the Uganda People’s Defence Force (“UPDF”)) and local defence units (“LDUs”) since at least 1987; that over this time, including the period from the st 1 day of July 2002, the LRA has been directing attacks against both the UPDF and LDUs and against civilian populations; that, in pursuing its goals, the LRA has engaged in a cycle of violence and established a pattern of “brutalization of civilians” by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly “recruited” as fighters, porters and sex slaves to serve the LRA and to contribute to attacks against the Ugandan army and civilian communities;

text: CONSIDERING that the existence and acts of the LRA, as well as their impact on Uganda’s armed forces and civilian communities, have been reported by the Government of Uganda and its agencies and by several independent sources, including the United Nations, foreign governmental agencies, non-governmental organisations and world media;

text: CONSIDERING the allegations that the LRA was founded and is led by Joseph Kony, the Chairman and Commander-in-Chief, and that the LRA is organised in a military-type hierarchy and operates as an army;

text: CONSIDERING the allegations that LRA forces are divided into four brigades named Stockree, Sinia, Trinkle and Gilva, and that since July 2002 the LRA’s hierarchy of posts under Joseph Kony’s overall leadership has included Vincent Otti, the Vice-Chairman and Second-in-Command; the Army Commander; three senior posts of Deputy Army Commander, Brigade No.: ICC-02/04 8 July 2005

text: General and Division Commander; and four Commanders of equal rank, each of whom leads one of the four LRA brigades;

text: CONSIDERING the specific allegations that Joseph Kony, Vincent Otti and other senior LRA commanders, including OKOT ODHIAMBO, are the key members of “Control Altar”, the section representing the core LRA leadership responsible for devising and implementing LRA strategy, including standing orders to attack and brutalise civilian populations; that, during the period most relevant to the Prosecutor’s application, OKOT ODHIAMBO served successively as Brigade Commander of Trinkle and Stockree Brigades and as Deputy Army Commander; that OKOT ODHIAMBO is described by former LRA commanders and members as a “ruthless killer”, as “the one who killed the most”, and as “a ‘bitter’ man who will kill anyone”;

text: HAVING EXAMINED the Prosecutor’s submission that, in his capacity as Brigade Commander of Stockree Brigade, together with other persons whose arrests are sought by the Prosecutor, OKOT ODHIAMBO ordered the commission of several crimes within the jurisdiction of the Court in REDACTED 2004;

text: CONSIDERING that sources indicated by the Prosecutor as confirming OKOT ODHIAMBO’s role within the LRA’s leadership include statements from former LRA commanders, victim or witness accounts, radio broadcast recordings and taped short-wave radio communications with other LRA commanders intercepted by Ugandan investigative authorities;

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

text: CONSIDERING the Prosecutor’s allegations that, in or around the middle of the year 2002, Joseph Kony ordered LRA forces to begin a campaign of attacks against civilians in the regions of REDACTED and REDACTED; that, in REDACTED 2003, Joseph Kony ordered LRA fighters, known also as rebels, to move into the REDACTED region, attack the UPDF forces and civilian settlements and abduct civilians for the purpose of recruitment to the ranks of the LRA (the “REDACTED campaign”); that, at some time REDACTED 2003, Joseph Kony issued broad orders to target and kill civilian populations, including those living in camps for internally displaced persons (“IDP”); that, during the REDACTED campaign and other LRA operations, there existed standing orders, given by Joseph Kony, to loot and to abduct civilians; that, in response to Joseph Kony’s orders, senior LRA commanders and all of the brigade commanders, including OKOT ODHIAMBO, moved into the REDACTED and REDACTED regions to conduct LRA operations while continuing to advance into the REDACTED region; and that OKOT ODHIAMBO’s direct involvement with the objectives and strategies of the campaign as a whole is shown by recordings of intercepted radio communications, accounts from former members of the LRA and other victim accounts;

text: NOTING that the Prosecutor’s application charges OKOT ODHIAMBO with criminal responsibility for two attacks having occurred in REDACTED 2004 mentioned hereafter forming part of the REDACTED campaign;

text: NOTING that the Prosecutor charges OKOT ODHIAMBO with crimes against humanity and war crimes, as specified in Counts 10 to 19 of his

text: No.: ICC-02/04 8 July 2005 application, in connection with the attacks on the REDACTED IDP Camp and the REDACTED IDP Camp;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2004, the residents of the REDACTED IDP Camp in the REDACTED District were attacked by a group REDACTED, who REDACTED “spread through the camp … hacking and shooting civilians, burning civilians’ homes and looting”, REDACTED; that, according to Ugandan authorities, the attack resulted in the death of REDACTED civilians, the wounding of REDACTED civilians as well as in the abduction of REDACTED civilians; that it is reported that REDACTED were abducted and that weapons and other items REDACTED were taken from the camp by LRA fighters during the attack;

text: NOTING that the evidence submitted, including excerpts of intercepted radio communications, suggests that OKOT ODHIAMBO was the leader who ordered and commanded the forces that attacked the REDACTED IDP Camp; that OKOT ODHIAMBO immediately reported the attack on the REDACTED IDP Camp to his superior, Joseph Kony, REDACTED;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2004, an armed group attacked the REDACTED IDP Camp REDACTED in the REDACTED

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

text: District, REDACTED and started shooting at and hacking civilians; that the attack resulted in REDACTED houses being burnt REDACTED; that sources including Ugandan authorities and local hospital records indicated that the attack resulted in the death of REDACTED civilians, including children and women, and the wounding of REDACTED civilians;

text: NOTING that the evidence submitted, including accounts from REDACTED and intercepted radio communications, suggests that OKOT ODHIAMBO commanded the LRA operation which attacked the REDACTED IDP Camp; that, according to intercepted radio communications, following the attack OKOT ODHIAMBO reported the magnitude of the killings to Vincent Otti, who in turn communicated the event and its consequences to Joseph Kony; that intercepted radio communications further suggest that, REDACTED after the attack on the REDACTED IDP Camp, Joseph Kony promoted OKOT ODHIAMBO;

text: NOTING

text: article 58

text: and

text: article 19

text: of

text: the Statute

text: of the Court (the “Statute”);

text: th 20. NOTING the letter of referral dated the 16 day of December 2003 from the Attorney General of the Republic of Uganda, appended as Exhibit A to the Prosecutor’s application, by which the “situation concerning the Lord’s Resistance Army” in northern and western Uganda was submitted to the Court;

text: NOTING the Prosecutor’s conclusion that “the scope of the referral encompassed all crimes committed in Northern Uganda in the context of the

text: No.: ICC-02/04 8 July 2005 ongoing conflict involving the LRA” and that the Prosecutor notified the Government of Uganda of his conclusion as referred to in paragraph 1 of the Prosecutor’s application;

text: th 22. NOTING the “Declaration on Temporal Jurisdiction”, dated the 27 day of February 2004, appended as Exhibit B to the Prosecutor’s application, whereby the Republic of Uganda accepted the exercise of the Court’s jurisdiction for crimes committed following the entry into force of

text: the Statute

text: st on the 1 day of July 2002;

text: th 23. NOTING the “Letter on Jurisdiction” dated the 28 day of May 2004 from the Solicitor-General of the Republic Uganda to the Prosecutor, appended as Exhibit C to the Prosecutor’s application;

text: NOTING that all of the crimes alleged against OKOT ODHIAMBO fall within the provisions of

text: articles 5

text: and

text: of

text: the Statute

text: and that such crimes st are alleged to have taken place after the 1 day of July 2002 and within the context of the situation in Uganda as referred to the Court;

text: NOTING the Prosecutor’s determination that the requirements of

text: article 53

text: , paragraph 1, of

text: the Statute

text: were satisfied;

text: NOTING that the Prosecutor affirms in paragraph 3 of the application that letters of notification were distributed to “all States parties under

text: article 18

text: , paragraph 1, of

text: the Statute

text: , as well as to other States that would normally No.: ICC-02/04 8 July 2005 exercise jurisdiction”; and that the Prosecutor had not received from any State information pursuant to

text: article 18

text: , paragraph 2, of

text: the Statute

text: th 27. NOTING the statements in the “Letter of Jurisdiction” dated the 28 day of May 2004, that “the Government of Uganda has been unable to arrest … persons who may bear the greatest responsibility” for the crimes within the referred situation; that “the ICC is the most appropriate and effective forum for the investigation and prosecution of those bearing the greatest responsibility” for those crimes; and that the Government of Uganda “has not conducted and does not intend to conduct national proceedings in relation to the persons most responsible”;

text: BEING SATISFIED that, on the basis of the application, the evidence and other information submitted by the Prosecutor, and without prejudice to subsequent determination, the case against OKOT ODHIAMBO falls within the jurisdiction of the Court and appears to be admissible;

text: NOTING

text: articles 5

text: and

text: of

text: the Statute

text: setting out crimes against humanity and war crimes; and noting also the Elements of Crimes; 30. NOTING the evidence submitted by the Prosecutor in support of the existence of the contextual elements of the alleged crimes;

text: NOTING that the Prosecutor relies on several categories of evidence to support the allegations made in his application;

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

text: BEING SATISFIED, on the basis of the application, the evidence and other information submitted by the Prosecutor, that there are reasonable grounds to believe that OKOT ODHIAMBO, together with other persons whose arrests are sought by the Prosecutor, ordered the commission of crimes within the jurisdiction of the Court, namely, crimes against humanity and war crimes, particulars of which are set out in the following counts as numbered in the Prosecutor’s application:

text: Count Ten

text: (Murders at REDACTED IDP Camp Constituting Crimes Against Humanity) On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the unlawful killings of REDACTED civilian residents of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 7

text: (1)(a) and 25(3)(b) of

text: the Statute

text: Count Eleven

text: (Enslavement at REDACTED IDP Camp Constituting Crimes Against Humanity) On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the enslavement of REDACTED civilian residents of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 7

text: (1)(c) and 25(3)(b) of

text: the Statute

text: Count Twelve

text: (Murder at REDACTED IDP Camp Constituting War Crimes) On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the unlawful killings of REDACTED civilian residents of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Thirteen

text: (Enlisting of Children at REDACTED IDP Camp Constituting War Crimes)

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

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the enlisting, through abduction, of residents of REDACTED IDP Camp REDACTED, in REDACTED District, Uganda (

text: articles 8

text: (2)(e)(vii) and 25(3)(b) of

text: the Statute

text: Count Fourteen

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Fifteen

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the pillaging of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: Count Sixteen

text: (Murder at REDACTED IDP Camp Constituting Crimes Against Humanity)

text: articles 7

text: (1)(a) and 25(3)(b) of

text: the Statute

text: Count Seventeen

text: (Murder at REDACTED IDP Camp Constituting War Crimes)

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Eighteen

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

text: (Attack Against the Civilian Population at REDACTED IDP Camp Constituting War Crime) On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the intentional directing of attacks against the civilian population of REDACTED IDP Camp, in REDACTED District, Uganda, and against individual civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Nineteen

text: (Pillaging at REDACTED IDP Camp Constituting War Crimes) On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the pillaging of REDACTED IDP Camp, in REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: NOTING the reasons advanced by the Prosecutor as to the necessity for arrest, namely, to ensure OKOT ODHIAMBO’s appearance at trial; to ensure that he does not obstruct or endanger the investigation, either individually or on a collective basis; and to prevent him from continuing to commit crimes within the jurisdiction of the Court;

text: BEING SATISFIED that the issuance of a warrant of arrest appears necessary based on the facts and circumstances referred to in the Prosecutor’s application, namely that the LRA has been in existence for the past 18 years; and that the LRA commanders are allegedly inclined to launch retaliatory strikes, thus creating a risk for victims and witnesses who have spoken with or provided evidence to the Office of the Prosecutor;

text: th 35. NOTING the statements made by the Prosecutor at the hearings on the 16 st day of June 2005 and the 21 day of June 2005 to the effect that attacks by the No.: ICC-02/04 8 July 2005

text: LRA are still occurring and that there is therefore a likelihood that failure to arrest OKOT ODHIAMBO will result in the continuation of crimes of the kind described in the Prosecutor’s application;

text: FOR THESE REASONS,

text: PRE-TRIAL CHAMBER II GRANTS the Prosecutor’s application for a warrant of arrest for OKOT ODHIAMBO pursuant to

text: article 58

text: of

text: the Statute

text: and HEREBY ISSUES:

text: A WARRANT OF ARREST (the “Warrant”) for the SEARCH, ARREST, DETENTION AND SURRENDER to the Court of OKOT ODHIAMBO, a male whose photograph is annexed; who is believed to have served as Brigade Commander of Trinkle Brigade, Brigade Commander of Stockree Brigade, and as Deputy Army Commander of the LRA and to be known as “Two Victor” by his radio call sign; and who is believed to be a national of Uganda;

text: ORDERS that the said OKOT ODHIAMBO be advised at the time of his arrest, and in a language he fully understands and speaks, of his rights as set forth in the following provisions of

text: the Statute

text: and the Rules of Procedure and Evidence, the texts of which are annexed to the Warrant: No.: ICC-02/04 8 July 2005

text: - article 19, paragraph 2 (challenges to the jurisdiction of the Court or the admissibility of a case); - article 55, paragraph 2 (rights of persons during an investigation); - article 57 (functions and powers of the Pre-Trial Chamber); - article 59 (arrest proceedings in the custodial State); - article 60 (initial proceedings before the Court); - article 61 (confirmation of the charges before trial); - article 67 (rights of the accused); - rule 21 (assignment of legal assistance); - rule 112 (recording of questioning in particular cases); - rule 117 (detention in the custodial State); - rule 118 (pre-trial detention at the seat of the Court); - rule 119 (conditional release); - rule 120 (instruments of restraint); - rule 121 (proceedings before the confirmation hearing); - rule 122 (proceedings at the confirmation hearing in the presence of the person charged); - rule 123 (measures to ensure the presence of the person concerned at the confirmation hearing); - rule 124 (waiver of the right to be present at the confirmation hearing); - rule 187 (translation of documents accompanying request for surrender); No.: ICC-02/04 8 July 2005

text: AUTHORISES the Warrant to be made available and disclosed to persons or entities designated by the authorities of the State requested in the Request for Arrest and Surrender and only for the purposes of the execution of the Warrant; 42. ORDERS that the Warrant, in all other respects, be kept under seal until further order by the Chamber; 43. Done in both English and French, the English version being authoritative.

text: signed

text: Judge Tuiloma Neroni Slade Presiding Judge

text: signed signed

text: th Dated this 8 day of July 2005 No.: ICC-02/04 8 July 2005

text: At The Hague, The Netherlands

text: Seal of the Court

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

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


identifier: ICC-02/04-01/05 (Warrant of arrest for Dominic Ongwen)

title: Warrant of arrest for Dominic Ongwen

text: the Statute

text: the Statute, article 18

text: the Statute, article 19

text: the Statute, article 5

text: the Statute, article 53

text: the Statute, article 58

text: the Statute, article 7

text: the Statute, article 8

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

text: PRE-TRIAL CHAMBER II

text: Before: Judge Tuiloma Neroni Slade

text: Judge Mauro Politi

text: Judge Fatoumata Dembele Diarra

text: Registrar: Mr Bruno Cathala

text: SITUATION IN UGANDA

text: Public redacted version

text: WARRANT OF ARREST FOR DOMINIC ONGWEN

text: The Office of the Prosecutor

text: 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 th th the 18 day of May 2005, to which, on the 5 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 th under Article 58” dated the 6 day of May 2005, as amended and th th supplemented by the Prosecutor on the 13 day of May 2005 and on the 18 day of May 2005 (the “Prosecutor’s application”), and having considered it on th the basis of the amended application of the 18 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 th Chamber’s decision on the 18 day of May 2005 granting the request;

text: NOTING that the Prosecutor’s application seeks a warrant of arrest for DOMINIC ONGWEN for the crimes listed under Counts 27 to 33, as set out in the Prosecutor’s application, as well as warrants of arrest for four other persons named in the Prosecutor’s application;

text: The Lord’s Resistance Army (the “LRA”)

text: CONSIDERING the general allegations presented in the Prosecutor’s application that the LRA is an armed group carrying out an insurgency against the Government of Uganda and the Ugandan Army (also known as

text: No.: ICC-02/04 8 July 2005 the Uganda People’s Defence Force (“UPDF”)) and local defence units (“LDUs”) since at least 1987; that over this time, including the period from 1 July 2002, the LRA has been directing attacks against both the UPDF and LDUs and against civilian populations; that, in pursuing its goals, the LRA has engaged in a cycle of violence and established a pattern of “brutalization of civilians” by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; that abducted civilians, including children, are said to have been forcibly “recruited” as fighters, porters and sex slaves to serve the LRA and to contribute to attacks against the Ugandan army and civilian communities;

text: CONSIDERING that the existence and acts of the LRA, as well as their impact on Uganda’s armed forces and civilian communities, have been reported by the Government of Uganda and its agencies and by several independent sources, including the United Nations, foreign governmental agencies, non-governmental organisations and world media;

text: CONSIDERING the allegations that the LRA was founded and is led by Joseph Kony, the Chairman and Commander-in-Chief, and that the LRA is organised in a military-type hierarchy and operates as an army;

text: CONSIDERING the allegations that LRA forces are divided into four brigades named Stockree, Sinia, Trinkle and Gilva, and that since July 2002 the LRA’s hierarchy of posts under Joseph Kony’s overall leadership has included Vincent Otti, the Vice-Chairman and Second-in-Command; the Army Commander; three senior posts of Deputy Army Commander, Brigade

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

text: General and Division Commander; and four Brigade Commanders of equal rank, one of whom is DOMINIC ONGWEN;

text: CONSIDERING the specific allegations that Joseph Kony, Vincent Otti and other senior LRA commanders, including DOMINIC ONGWEN, are the key members of “Control Altar”, the section representing the core LRA leadership responsible for devising and implementing LRA strategy, including standing orders to attack and brutalise civilian populations;

text: HAVING EXAMINED the Prosecutor’s submission that, in his capacity as Brigade Commander of the Sinia Brigade of the LRA, DOMINIC ONGWEN ordered the commission of several crimes within the jurisdiction of the Court during REDACTED 2004;

text: CONSIDERING that sources indicated by the Prosecutor as confirming DOMINIC ONGWEN’s role within the LRA’s leadership include statements from former LRA commanders, victim or witness accounts, radio broadcast recordings and short-wave radio communications with other LRA commanders intercepted by Ugandan authorities;

text: CONSIDERING the Prosecutor’s allegations that, in or around the middle of the year 2002, Joseph Kony ordered LRA forces to begin a campaign of attacks against civilians in the regions of REDACTED and REDACTED; that, in REDACTED 2003, Joseph Kony ordered LRA fighters, known also as rebels, to move into the REDACTED region, attack the UPDF forces and civilian settlements and abduct civilians for the purpose of recruitment to the ranks of the LRA (the “REDACTED campaign”); that, in response to Joseph

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

text: Kony’s orders, senior LRA commanders and all of the brigade commanders, including DOMINIC ONGWEN, moved into the REDACTED region to conduct LRA operations; that LRA operations also continued to be conducted in the REDACTED region; that, at some time before or during REDACTED 2003, Joseph Kony issued broad orders to target and kill civilian populations, including those living in camps for internally displaced persons (“IDP”); that, during the REDACTED campaign and other LRA operations, there existed standing orders, given by Joseph Kony, to loot and to abduct civilians; that DOMINIC ONGWEN’s direct involvement with the objectives and strategies of the campaign as a whole is shown by recordings of intercepted radio communications, accounts from former members of the LRA and accounts from witnesses and victims;

text: NOTING that the Prosecutor’s application charges DOMINIC ONGWEN with criminal responsibility for the attack on the REDACTED IDP Camp mentioned hereafter forming part of the REDACTED campaign and having occurred in REDACTED 2004;

text: NOTING that the Prosecutor charges DOMINIC ONGWEN with crimes against humanity and war crimes, as specified in Counts 27 to 33 of his application, in connection with the attack on the REDACTED IDP Camp;

text: Attack on REDACTED IDP Camp

text: NOTING that the Prosecutor alleges that, on REDACTED 2004, the REDACTED IDP Camp was attacked by an armed group who REDACTED started “shooting and beating civilian residents, burning huts and looting”;

text: No.: ICC-02/04 8 July 2005 that, according to the United Nations, the attack resulted in REDACTED people being killed and REDACTED abducted and injured; that, according to Ugandan authorities and local hospital records, the attack resulted in the death of REDACTED civilians, the injury of REDACTED people, the abduction of REDACTED people, as well as in REDACTED civilian houses being burnt;

text: NOTING that the evidence submitted, including intercepted radio communications, suggests that the attack was carried out in fulfilment of Joseph Kony’s orders and that DOMINIC ONGWEN acknowledged that he was the commander of the LRA forces that attacked the REDACTED IDP Camp;

text: NOTING

text: article 58

text: and

text: article 19

text: of

text: the Statute

text: of the Court (the “Statute”);

text: th 18. NOTING the letter of referral dated the 16 day of December 2003 from the Attorney General of the Republic of Uganda, appended as Exhibit A to the Prosecutor’s application, by which the “situation concerning the Lord’s Resistance Army” in northern and western Uganda was submitted to the Court;

text: NOTING the Prosecutor’s conclusion that “the scope of the referral encompassed all crimes committed in Northern Uganda in the context of the ongoing conflict involving the LRA” and that the Prosecutor notified the Government of Uganda of his conclusion as referred to in paragraph 1 of the Prosecutor’s application;

text: No.: ICC-02/04 8 July 2005 th 20. NOTING the “Declaration on Temporal Jurisdiction”, dated the 27 day of February 2004, appended as Exhibit B to the Prosecutor’s application, whereby the Republic of Uganda accepted the exercise of the Court’s jurisdiction for crimes committed following the entry into force of

text: the Statute

text: st on the 1 day of July 2002;

text: th 21. NOTING the “Letter on Jurisdiction” dated the 28 day of May 2004 from the Solicitor-General of the Republic of Uganda to the Prosecutor, appended as Exhibit C to the Prosecutor’s application;

text: NOTING that all of the crimes alleged against DOMINIC ONGWEN fall within the provisions of

text: articles 5

text: and

text: of

text: the Statute

text: , and that such crimes st are alleged to have taken place after the 1 day of July 2002 and within the context of the situation in Uganda as referred to the Court;

text: NOTING the Prosecutor’s determination that the requirements of

text: article 53

text: , paragraph 1, of

text: the Statute

text: were satisfied;

text: NOTING that the Prosecutor affirms in paragraph 3 of the application that letters of notification were distributed to “all States parties under

text: article 18

text: , paragraph 1, of

text: the Statute

text: , as well as to other States that would normally exercise jurisdiction”; and that the Prosecutor had not received from any State information pursuant to

text: article 18

text: , paragraph 2, of

text: the Statute

text: No.: ICC-02/04 8 July 2005 th 25. NOTING the statements in the “Letter of Jurisdiction” dated the 28 day of May 2004, that “the Government of Uganda has been unable to arrest … persons who may bear the greatest responsibility” for the crimes within the referred situation; that “the ICC is the most appropriate and effective forum for the investigation and prosecution of those bearing the greatest responsibility” for those crimes; and that the Government of Uganda “has not conducted and does not intend to conduct national proceedings in relation to the persons most responsible”;

text: BEING SATISFIED that, on the basis of the application, the evidence and other information submitted by the Prosecutor, and without prejudice to subsequent determination, the case against DOMINIC ONGWEN falls within the jurisdiction of the Court and appears to be admissible;

text: NOTING

text: articles 5

text: and

text: of

text: the Statute

text: setting out crimes against humanity and war crimes; and noting also the Elements of Crimes;

text: NOTING the evidence submitted by the Prosecutor in support of the existence of the contextual elements of the alleged crimes;

text: NOTING that the Prosecutor relies on several categories of evidence to support the allegations made in his application;

text: BEING SATISFIED, on the basis of the application, the evidence and other information submitted by the Prosecutor, that there are reasonable grounds to believe that DOMINIC ONGWEN, together with other persons whose

text: No.: ICC-02/04 8 July 2005 arrests are sought by the Prosecutor, ordered the commission of crimes within the jurisdiction of the Court, namely, crimes against humanity and war crimes, particulars of which are set out in the following counts as numbered in the Prosecutor’s application:

text: Count Twenty-Seven

text: On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the unlawful killings of REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 7

text: (1)(a) and 25(3)(b) of

text: the Statute

text: Count Twenty-Eight

text: (Enslavement at REDACTED IDP Camp Constituting Crimes Against Humanity)

text: On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the enslavement of REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 7

text: (1)(c) and 25(3)(b) of

text: the Statute

text: Count Twenty-Nine

text: (Inhumane Acts at REDACTED IDP Camp Constituting Crimes Against Humanity)

text: On REDACTED 2004, ordering the commission of crimes against humanity which in fact occurred, namely, the inhumane acts of inflicting serious bodily injury and suffering upon REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 7

text: (1)(k) and 25(3)(b) of

text: the Statute

text: Count Thirty

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

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the killings of REDACTED civilian residents of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Thirty-One

text: (Cruel Treatment at REDACTED IDP Camp Constituting War Crimes)

text: On REDACTED 2004, ordering the commission of war crimes which in fact occurred, namely, the cruel treatment of civilian residents of REDACTED IDP Camp, by abducting a group of REDACTED residents, forcing them REDACTED District, Uganda (

text: articles 8

text: (2)(c)(i) and 25(3)(b) of

text: the Statute

text: Count Thirty-Two

text: (Attack Against the Civilian Population at REDACTED IDP Camp Constituting War Crime)

text: On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the intentional directing of attacks against the civilian population of REDACTED IDP Camp, REDACTED District, Uganda, and against individual civilians not taking direct part in hostilities (

text: articles 8

text: (2)(e)(i) and 25(3)(b) of

text: the Statute

text: Count Thirty-Three

text: (Pillaging at REDACTED IDP Camp Constituting War Crimes)

text: On REDACTED 2004, ordering the commission of a war crime which in fact occurred, namely, the pillaging of REDACTED IDP Camp, REDACTED District, Uganda (

text: articles 8

text: (2)(e)(v) and 25(3)(b) of

text: the Statute

text: NOTING the reasons advanced by the Prosecutor as to the necessity for arrest, namely, to ensure DOMINIC ONGWEN’s appearance at trial; to ensure that he does not obstruct or endanger the investigation, either

text: No.: ICC-02/04 8 July 2005 individually or on a collective basis; and to prevent him from continuing to commit crimes within the jurisdiction of the Court;

text: BEING SATISFIED that the issuance of a warrant of arrest appears necessary based on the facts and circumstances referred to in the Prosecutor’s application, namely that the LRA has been in existence for the past 18 years; and that the LRA’s commanders are allegedly inclined to launch retaliatory strikes, thus creating a risk for victims and witnesses who have spoken with or provided evidence to the Office of the Prosecutor;

text: th 33. NOTING the statements made by the Prosecutor at the hearings on the 16 st day of June 2005 and the 21 day of June 2005 to the effect that attacks by the LRA are still occurring and that there is therefore a likelihood that failure to arrest DOMINIC ONGWEN will result in the continuation of crimes of the kind described in the Prosecutor’s application;

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

text: FOR THESE REASONS,

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

text: PRE-TRIAL CHAMBER II GRANTS the Prosecutor’s application for a warrant of arrest for DOMINIC ONGWEN pursuant to

text: article 58

text: of

text: the Statute

text: and HEREBY ISSUES:

text: A WARRANT OF ARREST (the “Warrant”) for the SEARCH, ARREST, DETENTION AND SURRENDER to the Court of DOMINIC ONGWEN, a male, who was last known to be serving in the LRA as Brigade Commander of the Sinia Brigade; and who is believed to be a national of Uganda;

text: ORDERS that the said DOMINIC ONGWEN be advised at the time of his arrest, and in a language he fully understands and speaks, of his rights as set forth in the following provisions of

text: the Statute

text: and the Rules of Procedure and Evidence, the texts of which are annexed to the Warrant:

text: - article 19, paragraph 2 (challenges to the jurisdiction of the Court or the admissibility of a case); - article 55, paragraph 2 (rights of persons during an investigation); - article 57 (functions and powers of the Pre-Trial Chamber); - article 59 (arrest proceedings in the custodial State); - article 60 (initial proceedings before the Court); - article 61 (confirmation of the charges before trial); - article 67 (rights of the accused); - rule 21 (assignment of legal assistance);

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

text: - rule 112 (recording of questioning in particular cases); - rule 117 (detention in the custodial State); - rule 118 (pre-trial detention at the seat of the Court); - rule 119 (conditional release); - rule 120 (instruments of restraint); - rule 121 (proceedings before the confirmation hearing); - rule 122 (proceedings at the confirmation hearing in the presence of the person charged); - rule 123 (measures to ensure the presence of the person concerned at the confirmation hearing); - rule 124 (waiver of the right to be present at the confirmation hearing); - rule 187 (translation of documents accompanying request for surrender);

text: ORDERS that the Warrant shall remain in effect until further order by the Chamber;

text: AUTHORISES the Warrant to be made available and disclosed to persons or entities designated by the authorities of the State requested in the Request for Arrest and Surrender and only for the purposes of the execution of the Warrant;

text: ORDERS that the Warrant, in all other respects, be kept under seal until further order by the Chamber;

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

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

text: signed

text: signed signed

text: Judge Mauro Politi Judge Fatoumata Dembele Diarra

text: th Dated this 8 day of July 2005 At The Hague, The Netherlands

text: Seal of the Court

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