ICC PROSECUTOR DISCUSSES STATUS OF INVESTIGATIONS
Update on Darfur, DRC, Uganda, Central African Republic, Colombia and Ivory Coast

The ICC Prosecutor Luis Moreno-Ocampo recently announced his decision to open a formal investigation into atrocities committed in the Darfur region of Sudan.   With the investigations already opened into the situations in Uganda and the Democratic Republic of Congo, there are now three formal investigations before the court. The Office of the Prosecutor is also monitoring killings in the Central African Republic, Colombia and the Ivory Coast.   

Darfur
Two months after the U.N. Security Council recommended that the ICC investigate war crimes in Darfur, the prosecutor announced on June 6, 2005 that the ICC would open a formal investigation.  In recent statements to the media, Moreno-Ocampo said that because the Security Council made the decision to refer the Darfur situation to the ICC, the Sudanese government has a legal obligation to cooperate.  He acknowledged that Khartoum’s refusal made his job more difficult and that it was unclear whether he would be able to collect evidence in Darfur.

The Prosecutor is scheduled to report in late June to the Security Council on the implementation of their resolution referring the Darfur case.

The crisis in Darfur is considered the worst humanitarian disaster facing the world today.  Government-backed militia attacks and a scorched-earth government offensive have led to massive displacement, indiscriminate killings, looting, and mass rape.  Over the course of the last two years, it is estimated that a campaign of ethnic cleansing has killed nearly 400,000 people thus far. In addition, according to UN estimates, more than 200,000 refugees have been registered in neighboring Chad and more than 1.8 million people are internally displaced in Sudan.

Democratic Republic of Congo
ICC investigators in the Democratic Republic of Congo (DRC) are collecting evidence in the violent Northeastern Ituri region.  Some individuals in Ituri have been arrested by Congolese authorities.  Security remains a huge challenge for investigators, who are operating in an ongoing conflict situation that challenges even armed UN peacekeepers.

DRC President Joseph Kabila formally requested that the ICC investigate and prosecute those responsible for atrocities committed in his country.  The conflict in the DRC is the deadliest documented conflict in African history, with nearly 4 million lives lost since 1998.    

Uganda
ICC investigators have been in Uganda for the past year.  Moreno-Ocampo recently said that investigators are finishing the collection of evidence of crimes allegedly committed by the Lord’s Resistance Army (LRA).  He plans to present cases to the court’s judges by the end of 2005. The judges will then decide whether to issue arrest warrants at that time.

Moreno-Ocampo emphasized, as he has in many recent forums, that although he is not permitted to recognize immunity, he is keeping in mind his ability to suspend any investigation if it is “in the interests of justice,” a term from the Rome Statute that is not as yet clearly defined.  However, Moreno-Ocampo has made it clear that he would strongly consider any real progress toward peace negotiations between Joseph Kony and the Ugandan government, as well as the security of the civilians in Northern Uganda, in his decision-making. 

As in Darfur and the DRC, the people of Uganda have suffered many atrocities.  For the past 19 years, warring between the LRA and government forces has resulted in the deaths of tens of thousands and the displacement of nearly one million.  Kony, the leader of the LRA, is one of the most likely individuals to be subject to indictment by the ICC if cases advance to that stage. The LRA utilize particularly appalling tactics, such as abducting children and teenagers to serve as soldiers or concubines.

Central African Republic
Mr. Moreno-Ocampo has received a letter sent on behalf of the government of the Central African Republic (CAR) referring the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of CAR since 1 July 2002. On January 20, 2005, Mr. Moreno-Ocampo assigned the situation in CAR to the Pre-Trial Chamber III to carry out an analysis to determine whether a formal investigation should be initiated. 

Colombia
The ICC is monitoring the situation in Colombia and has asked the Colombian government for details concerning killings that have allegedly occurred in the country.  The ICC is obligated to review all complaints or communications that it receives and determine whether the alleged crimes fall within the jurisdiction of the Court.  The ICC has received several communications regarding atrocities in Colombia that might fall within the jurisdiction of the court in terms of the types, and severity, of crimes alleged.  Colombia has ratified the Rome Statute and is therefore subject to the ICC’s jurisdiction.

At this stage, the Office of the Prosecutor is seeking additional information about the alleged crimes and trying to determine whether there are national efforts to hold individuals accountable.  The prosecutor has sent a letter to the government of Colombia requesting additional information.  Under the principle of “complementarity,” the ICC may not proceed with a case if a national government with jurisdiction demonstrates to the Court that it is making a genuine, good faith effort to investigate, and, if necessary, prosecute.

Colombia is suffering from a four-decade long civil war in which about 3,000 people are killed each year.  Guerilla groups and right-wing paramilitaries have both committed widespread atrocities such as massacres, targeted assassinations, and kidnappings.  There have been numerous reports tying units of the Colombian military to paramilitary groups. 

Ivory Coast
Both rebels and the government of the Ivory Coast have requested that the ICC open investigations in the region.  Mr. Moreno-Ocampo recently stated that the Court is reviewing and analyzing the admissibility of the cases and assessing the gravity of the situation. 

 Updated August 22, 2005

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