Tag Archives: Fatou Bensouda

ICC: Mbarushimana: PTC Rejects the Defence Challenge to the Jurisdiction of the Court

2011-10-26, The Hague, The Netherlands. The Pre-Trial Chamber of the International Criminal Court rejected the Defence challenge to the jurisdiction of the ICC. The defence argued that the original referral by the DRC government only covered crimes committed in the Ituri region prior to the referral. As a result, according to the defence, the Court [...]
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ICC: Lubanga: TCI Grants 5 out of 7 New Applications of Victims for Participation in the Proceedings

2011-07-25, The Hague, The Netherlands. Judge Adrian Fulford granted 5 out of 7 new applications of victims for participation in the proceedings. He dismissed defence counsel’s objections that the overall extent and effect of the redactions affected essential information which limited the opportunity for the defence to make submissions on the admissibility of these applications BECAUSE [...]
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ICC: Lubanga: OTP Shall Disclose Information Re Defence Witnesses

2010-11-12, The Hague, The Netherlands. In its Decision on the Scope of the Prosecution’s Disclosure Obligations as regards Defence Witnesses, the Trial Chamber held that the prosecution’s disclosure obligations under Rule 11 are wide, and they encompass, inter alia, any item that is relevant to the preparation of the defence, and include not only material [...]
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ICC: OTP Intermediaries to Be Disclosed to the Defence

2010-06-02, The Hague, The Netherlands. Judges ordered the OTP to provide the Defence with the details of the professional background of intermediaries. The Chamber rejected the OTP’s suggestion to examine the intermediaries in the absence of both parties, and to hear evidence about selection of intermediaries from the “appropriate representative”. The Chamber found that both [...]
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ICC: Lubanga: Missing-In-Action ICC Investigators Ordered to Testify

2010-06-01, The Hague, The Netherlands. Judge Adrian Fulford ordered the OTP to produce 2 investigators to give evidence in respect of allegations that intermediaries bribed and coached witnesses, leading to false testimonies before the Chamber. Judge Fulford rejected the OTP’s claims that they don’t know where their own investigators are, and pointed out that one [...]
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ICC: Gombo: Most Pre-Interview Assessment Notes Are Not Subject to Disclosure

2010-04-09, The Hague, The Netherlands. The TC denied the defence motion for disclosure of the OTP’s materials created in the context of the pre-interview assessments of all witnesses (regardless of whether the OTP calls them to testify), and barring the OTP from calling such witnesses until the disclosure is provided. The defence argued that these [...]
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ICC: Gombo: Late Notification of Filing is 'Good Cause' for Delay

2010-04-09, The Hague, The Netherlands.  The TC granted the defence motion for extension of time to reply to the OTP’s and victims’ representative’s observation re the defence Application Challenging the Admissibility of the Case pursuant to Articles 17 and 19(2)(a) of the Rome Statute. The Chamber found that ‘good cause’ has been demonstrated because the defence was [...]
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