The Prosecutor v. Philip Kipkoech Bett
Original: English No.: ICC-Pres-01/18 Date: 16 March 2018
THE PRESIDENCY
Before: Judge Chile Eboe-Osuji, President Judge Robert Fremr, First Vice-President Judge Marc Perrin de Brichambaut, Second Vice-President
Public
Decision assigning judges to divisions and recomposing Chambers
No. ICC-Pres-01/18 1/10 16 March 2018
Pursuant to PTC A's Decision ICC-01/09-01/15-62, dated 11-12-2020, this document is retained in the Case File ICC-01/09-01/15: The Prosecutor v. Philip Kipkoech Bett.
Decision to be notified in accordance with regulation 31 of the Regulations of the Court to:
The Office of the Prosecutor
Fatou Bensouda James Stewart
The Office of Public Counsel for The Office of Public Counsel for Victims the Defence
Paolina Massidda Xavier-Jean Keïta
States’ Representatives Amicus Curiae
REGISTRY
Registrar Counsel Support Section
Herman von Hebel Esteban Peralta Losilla
Victims and Witnesses Unit Detention Section
Nigel Verrill Paddy Craig
Victims Participation and Reparations Other
Section All Judges Philipp Ambach All Pre-Trial Chambers All Trial Chambers Appeals Chamber
No. ICC-Pres-01/18 2/10 16 March 2018
Pursuant to PTC A's Decision ICC-01/09-01/15-62, dated 11-12-2020, this document is retained in the Case File ICC-01/09-01/15: The Prosecutor v. Philip Kipkoech Bett. THE PRESIDENCY of the International Criminal Court ( “ Court ” );
1
NOTING the assignments to the three divisions of the Judiciary as of 10 March 2018;
NOTING the election of Judge Chile Eboe-Osuji as President of the Court, Judge Robert
Fremr as First Vice-President of the Court and Judge Marc Perrin de Brichambaut as Second 2 Vice-President of the Court on 11 March 2018;
NOTING article 39(1) of the Rome Statute of the International Criminal Court (“Statute”) and rule 4bis of the Rules of Procedure and Evidence (“Rules”) ;
NOTING that the Presidency has consulted with the judges in assigning them to the various
divisions of the Judiciary, in accordance with rule 4bis of the Rules;
NOTING the assignment of Judge Chile Eboe-Osuji to the Appeals Division in accordance
with article 39(1) of the Statute, following his election as President of the Court;
NOTING that when assigning judges to divisions, the Presidency must balance a number of
factors to the extent necessary and possible, as set out below, and that the guiding principles informing these factors are the applicable statutory framework and the need to ensure the ef ficient management of the Court’ s workload , including in view of the Court’s long -term needs;
4 NOTING the relative judicial workload of each judge, the previous involvement of each 5 6 judge in cases, as well as the experience and expertise of each judge;
SEEKING to ensure, to the extent possible, gender and geographical balance and
7 representation of the world’s principal legal systems within each division;
1 Presidency, “Decision assigning judges to divisions”, 13 March 2015, see e.g. ICC-01/04-01/06-3130 (“Presidency Decision of 13 March 2015”); Presidency, “Decision assigning Judge Raul Pangalangan to the Pre - Trial Division”, 16 July 2015, see e.g. ICC-01/13-32. 2 Press release, “New ICC Presidency elected for 20 18- 2021”, 11 March 2018, ICC-CPI-20180311-PR1367. Presidency Decision of 13 March 2015, p. 3. 4 Ibid. 5 Ibid. 6 Article 39(1) of the Statute. 7 Ibid.
No. ICC-Pres-01/18 3/10 16 March 2018
Pursuant to PTC A's Decision ICC-01/09-01/15-62, dated 11-12-2020, this document is retained in the Case File ICC-01/09-01/15: The Prosecutor v. Philip Kipkoech Bett.
HEREBY DECIDES that the judges shall be assigned to the various divisions as follows,
with effect as of 20 March 2018:
Appeals Division:
Judge Chile Eboe-Osuji Judge Howard Morrison Judge Piotr Hofmański Judge Luz del Carmen Ibáñez Carranza Judge Solomy Balungi Bossa
Trial Division:
Judge Robert Fremr Judge Olga Herrera-Carbuccia Judge Geoffrey Henderson Judge Bertram Schmitt Judge Chang-ho Chung Judge Raul C. Pangalangan Judge Kimberly Prost
Pre-Trial Division:
Judge Marc Perrin de Brichambaut Judge Antoine Kesia-Mbe Mindua Judge Péter Kovács Judge Tomoko Akane Judge Reine Alapini-Gansou Judge Rosario Salvatore Aitala
No. ICC-Pres-01/18 4/10 16 March 2018
Pursuant to PTC A's Decision ICC-01/09-01/15-62, dated 11-12-2020, this document is retained in the Case File ICC-01/09-01/15: The Prosecutor v. Philip Kipkoech Bett. 8
NOTING FURTHER the composition of the various Pre-Trial and Trial Chambers, as well
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as the situations assigned to the Pre-Trial Chambers and cases assigned to the Trial
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Chambers, as of 10 March 2018;
8 Pre-Trial Chamber I: Presidency, “Decision on the constitution of Pre -Trial Chambers and on the assignment of the Mali situation”, 16 March 2015, see e.g. ICC-01/09-01/15-2; Pre-Trial Chamber II: Presidency, “Decision on the constitution of Pre - Trial Chambers and on the assignment of the Mali situation” , 16 March 2015, see e.g. ICC-01/09-01/15-2; Pre-Trial Chamber III: Presidency, “Decision on the constitution of Pre - Trial Chamber III and on the assignment of the situation in the Republic of Burundi”, 23 August 2017, ICC- 01/17-1; Trial Chamber I: Presidency, “Decision replacing a judge in Trial Chamber I”, 21 December 2015, ICC-02/11-01/15-372; Trial Chamber II: Presidency, “Decision replacing two judges in Trial Chamber II”, 18 March 2015, ICC-01/04-01/07-3530; Trial Chamber III: Presidency, “Decision replacing two judges in Trial Chamber III”, 6 July 2016 , ICC-01/05-01/08-3403; Trial Chamber IV: Presidency, “Decision replacing a judge in Trial Chamber IV”, 18 March 2015, ICC -02/05-03/09-634; Trial Chamber V(a): Presidency, “Decision constituting Trial Chamber V(a) and Trial Chamber V(b) and referring to th em the cases of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang and The Prosecutor v. Uhuru Muigai Kenyatta ”, 21 May 2013, see e.g. ICC-01/09-02/11-739; Trial Chamber V(b): Presidency, “Decision replacing a judge in Trial Chamber V(b)”, 30 Janua ry 2014, ICC-01/09-02/11-890; Trial Chamber VI: Presidency, Corrigendum to the “Decision replacing a judge in Trial Chamber VI”, 19 March 2015, ICC -01/04-02/06-521-Corr; Trial Chamber VII: Presidency, “Decision replacing two judges in Trial Chamber VII”, 2 4 August 2015, ICC-01/05- 01/13-1173; Trial Chamber VIII: Presidency, “Decision constituting Trial Chambers VIII and IX and referring to them the cases of The Prosecutor v. Ahmad Al Faqi Al Mahdi and The Prosecutor v. Dominic Ongwen ”, 2 May 2016, see e.g. ICC-02/04-01/15-430; Trial Chamber IX: Presidency, “Decision constituting Trial Chambers VIII and IX and referring to them the cases of The Prosecutor v. Ahmad Al Faqi Al Mahdi and The Prosecutor v. Dominic Ongwen ”, 2 May 2016, see e.g. ICC-02/04-01/15-430. 9 Pre-Trial Chamber I: Presidency, “Decision assigning judges to divisions”, 13 March 2015, see e.g. ICC- 01/04-01/06-3130 ; Presidency, “Decision Re - assigning the Situation in the Democratic Republic of the Congo”, 21 August 2015, see e.g. ICC-01/04-01/12- 15; Presidency, “Decision assigning the Situation in Georgia to Pre - Trial Chamber I”, 8 October 2015, ICC -01/15-1; Pre-Trial Chamber II: Presidency, “Decision assigning judges to divisions”, 13 March 2015, see e.g. ICC-01/04-01/06-3130 ; Presidency, “Decisi on assigning the Situation in the Gabonese Republic to Pre- Trial Chamber II”, 4 October 2016, ICC -01/16-1; Pre-Trial Chamber III: Presidency, “Decision on the constitution of Pre -Trial Chamber III and on the assignment of the situation in the Republic of B urundi”, 23 August 2017, ICC -01/17- 1; Presidency, “Decision assigning the situation in the Islamic Republic of Afghanistan”, 3 November 2017, ICC -01/17-1. 10 Trial Chamber I: see Trial Chamber I, “Decision on Prosecution requests to join the cases of The Prosecutor v. Laurent Gbagbo and The Prosecutor v. Charles Blé Goudé and related matters”, 11 March 2015, ICC -02/11- 01/15-1; Trial Chamber II: see Presidency, “Decision referring the case of The Prosecutor v. Thomas Lubanga Dyilo to Trial Chamber II”, 17 Mar ch 2015, ICC-01/04-01/06-3131; Trial Chamber II, The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui , “Decision on the implementation of regulation 55 of the Regulations of the Court and severing the charges against the accused persons”, 21 Novembe r 2012, ICC-01/04- 01/07-3319-tENG/FRA; Trial Chamber III: Presidency, “Decision constituting Trial Chamber III and referring to it the case of The Prosecutor v. Jean-Pierre Bemba Gombo ”, 18 September 2009, ICC -01/05-01/08- 534; Trial Chamber IV: Presidency, “Decision constituting Trial Chamber IV and referring to it the case of The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus ”, 16 March 2011, ICC-02/05-03/09-124; see also Trial Chamber IV, Public redacted “Decision terminating the proceedings against Mr Jerbo”, 4 October 2013, ICC -02/05-03/09-512-Red; Trial Chamber V(a): Presidency, “Decision constituting Trial Chamber V(a) and Trial Chamber V(b) and referring to them the cases of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang and The Prosecutor v. Uhuru Muigai Kenyatta ”, 21 May 2013, see e.g. ICC-01/09-02/11-739; Trial Chamber V(b): Presidency, “Decision constituting Trial Chamber V(a) and Trial Chamber V(b) and referring to them the cases of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang and The Prosecutor v. Uhuru Muigai Kenyatta ”, 21 May 2013, see e.g. ICC-01/09-02/11-739; Trial Chamber VI: Presidency, “Decision constituting Trial Chamber VI and referring to it the case of The Prosecutor v. Bosco Ntaganda ”, 18 July 2014, ICC -01/04-02/06-337; Trial Chamber VII: Presidency, “Decision constituting Trial Chamber VII and referring to it the case of The Prosecutor v. Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido ”, 30 January 2015, ICC-01/05-01/13-805; Trial Chamber VIII: Presidency, “Decision constituting Trial Chambers VIII and IX and referring to them the cases of The Prosecutor v. Ahmad Al Faqi Al Mahdi and The Prosecutor v. Dominic Ongwen ”, 2 May 2016, see e.g. ICC-02/04-01/15-430; Trial Chamber IX: Presidency, “Decision constituting Trial Chambers VIII and IX and referring to them the cases of The Prosecutor v. Ahmad Al Faqi Al Mahdi and The Prosecutor v. Dominic Ongwen ”, 2 May 2016, see e.g. ICC-02/04-01/15-430.
No. ICC-Pres-01/18 5/10 16 March 2018
Pursuant to PTC A's Decision ICC-01/09-01/15-62, dated 11-12-2020, this document is retained in the Case File ICC-01/09-01/15: The Prosecutor v. Philip Kipkoech Bett.
NOTING the need to recompose a number of Trial Chambers and Pre-Trial Chambers in
view of the above assignments and the end of judicial mandates of one or more of their 11 members;
NOTING that, pursuant to article 39(2)(b)(i) of the Rome Statute, the Appeals Chamber shall
12 be composed of all the judges of the Appeals Division;
NOTING that, in view of the current level of activity in the cases before Trial Chamber IV,
Trial Chamber V(a) and Trial Chamber V(b), it is in the interests of judicial economy to reassign all the cases currently before them to a single Trial Chamber;
NOTING that the composition of Trial Chamber I, Trial Chamber II, Trial Chamber VI,
Trial Chamber VII, Trial Chamber VIII and Trial Chamber IX as of 10 March 2018 shall remain unchanged;
NOTING the need, in light of the above assignments to the Pre-Trial Division as well as the
Presidency’s responsibility to ensure the efficient management of the pre -trial workload in accordance with article 38(3) of the Statute, to recompose Pre-Trial Chamber I and Pre-Trial Chamber II, dissolve Pre-Trial Chamber III and re-assign situations among the remaining Pre-Trial Chambers;
HEREBY FURTHER DECIDES to reassign the situation in the Re public of Côte d’Ivoire from Pre-Trial Chamber I to Pre-Trial Chamber II, to re-assign the situation in the Gabonese Republic from Pre-Trial Chamber II to Pre-Trial Chamber I and to re-assign the situations in the Islamic Republic of Afghanistan and the Republic of Burundi from Pre-Trial Chamber III to Pre-Trial Chamber II;
DECIDES to refer the cases of The Prosecutor v. William Samoei Ruto and Joshua Arap
Sang, and The Prosecutor v. Uhuru Muigai Kenyatta to Trial Chamber IV and hereby transmits the full record of the proceedings in those cases to that Chamber;
11 Judges Judge Cuno Tarfusser and Kuniko Ozaki continue in office in accordance with article 36(10) of the Rome Statute. 12 Except in respect of the currently ongoing appeals against conviction and sentence in the case of The Prosecutor v. Jean-Pierre Bemba Gombo in which Judges Sanji Monageng and Christine Van den Wyngaert currently continue to sit in accordance with the applicable Presidency decision, see Presidency, “Notification concerning extension of mandate of judges in the Appeals Chamber”, 6 March 2018, ICC -01/05-01/08-3613. No. ICC-Pres-01/18 6/10 16 March 2018
Pursuant to PTC A's Decision ICC-01/09-01/15-62, dated 11-12-2020, this document is retained in the Case File ICC-01/09-01/15: The Prosecutor v. Philip Kipkoech Bett.
DISSOLVES Trial Chamber V(a), Trial Chamber V(b) and Pre-Trial Chamber III;
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DECIDES to temporarily attach Judge Reine Alapini-Gansou to the Trial Division;
DECIDES that the composition of Chambers within the Trial and Pre-Trial Divisions shall
be as follows, with effect as of 20 March 2018:
Trial Chamber I – The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé
Judge Cuno Tarfusser, Presiding Judge Olga Herrera-Carbuccia Judge Geoffrey Henderson
Trial Chamber II – The Prosecutor v. Thomas Lubanga Dyilo and The Prosecutor
v. Germain Katanga
Judge Marc Perrin de Brichambaut, Presiding Judge Olga Herrera-Carbuccia Judge Péter Kovács
Trial Chamber III – The Prosecutor v. Jean-Pierre Bemba Gombo
Judge Geoffrey Henderson Judge Chang-ho Chung Judge Kimberly Prost
13 The temporary attachments of Judge Marc Perrin de Brichambaut, Judge Antoine Kesia-Mbe Mindua and Judge Péter Kovács to the Trial Division remain in place: see Presidency, “Decision replacing two judg es in Trial Chamber II”, 18 March 2015, ICC -01/04-01/07-3530; Presidency, “Decision constituting Trial Chambers VIII and IX and referring to them the cases of The Prosecutor v. Ahmad Al Faqi Al Mahdi and The Prosecutor v. Dominic Ongwen ”, 2 May 2016, see e.g. ICC-02/04-01/15-430. No. ICC-Pres-01/18 7/10 16 March 2018
Pursuant to PTC A's Decision ICC-01/09-01/15-62, dated 11-12-2020, this document is retained in the Case File ICC-01/09-01/15: The Prosecutor v. Philip Kipkoech Bett.
Trial Chamber IV – The Prosecutor v. Abdallah Banda Abakaer Nourain, The
Prosecutor v. William Samoei Ruto and Joshua Arap Sang, and The Prosecutor v.
Uhuru Muigai Kenyatta
Judge Robert Fremr Judge Reine Alapini-Gansou Judge Kimberly Prost
Trial Chamber VI – The Prosecutor v. Bosco Ntaganda
Judge Robert Fremr, Presiding Judge Chang-ho Chung Judge Kuniko Ozaki
Trial Chamber VII – The Prosecutor v. Jean-Pierre Bemba Gombo, Aimé Kilolo
Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse
Arido
Judge Bertram Schmitt, Presiding Judge Marc Perrin de Brichambaut Judge Raul C. Pangalangan
Trial Chamber VIII – The Prosecutor v. Ahmad Al-Faqi Al Mahdi
Judge Raul C. Pangalangan, Presiding Judge Antoine Kesia-Mbe Mindua Judge Bertram Schmitt
Trial Chamber IX – The Prosecutor v. Dominic Ongwen
Judge Bertram Schmitt, Presiding Judge Péter Kovács Judge Raul C. Pangalangan
No. ICC-Pres-01/18 8/10 16 March 2018
Pursuant to PTC A's Decision ICC-01/09-01/15-62, dated 11-12-2020, this document is retained in the Case File ICC-01/09-01/15: The Prosecutor v. Philip Kipkoech Bett.
Pre-Trial Chamber I – situations in the Democratic Republic of the Congo;
Libya; Republic of Mali; Georgia; Gabonese Republic; and Registered Vessels of
Comoros, Greece and Cambodia
Judge Marc Perrin de Brichambaut Judge Peter Kovács Judge Reine Alapini-Gansou
Pre-Trial Chamber II – situations in the Central African Republic I; Central
African Republic II; Republic of Uganda; Darfur, Republic of the Sudan;
Republic of Kenya; Republic of Côte d’Ivoire ; Islamic Republic of Afghanistan;
and Republic of Burundi
Judge Antoine Kesia-Mbe Mindua Judge Tomoko Akane Judge Rosario Salvatore Aitala
ORDERS the Registrar to file and notify the present decision to the relevant parties and
participants in all situations and cases therein.
No. ICC-Pres-01/18 9/10 16 March 2018
Done in both English and French, the English version being authoritative.
Dated this 16 March 2018
At The Hague, The Netherlands
N o. ICC-Pres-01/18 10/10 16 March 2018