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What are the more serious issues facing the courts and their public officials compared to 2023?
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United Nations
A/78/322
General Assembly
Distr.: General
21 August 2023
Original: English
23-16116 (E) 050923
*2316116*
Seventy-eighth session
Item 76 of the provisional agenda*
Report of the International Criminal Court
Report of the International Criminal Court
Note by the Secretary-General
The annual report of the International Criminal Court on its activities for
2022/23 is submitted herewith to the General Assembly in accordance with article 6
of the Relationship Agreement between the United Nations and the International
Criminal Court and paragraph 31 of General Assembly resolution 77/6.
* A/78/150.
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Report of the International Criminal Court on its activities
in 2022/23
Summary
The present annual report provides an update on the activities of the
International Criminal Court during one of its most active periods since its
establishment. Drawing on new tools and approaches, the Court has sought to
effectively address the exceptionally high workload it faces across situations in the
form of investigations, pretrial proceedings, trials and appeals, as well as reparations
programmes for victims.
Among the notable developments during the reporting period was the
confirmation by the Appeals Chamber of the conviction and 25-year sentence of
Dominic Ongwen for crimes against humanity and war crimes committed in northern
Uganda between 1 July 2002 and 31 December 2005. The case is now at the victims’
reparation stage.
With regard to the situation in Mali, the presentation of evidence in the trial of
Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud concluded and the Trial
Chamber is deliberating on the verdict.
With regard to the situation in Darfur, the trial of Ali Muhammad Ali Abd-Al-
Rahman on charges of war crimes and crimes against humanity continued. This is the
first trial to take place before the Court on the basis of a referral by the Security Council.
With regard to the situation in the Central African Republic II, the trial of Alfred
Yekatom and Patrice-Edouard Ngaïsonna and the trial of Mahamat Said Abdel Kani
continued. In addition, the confirmation of charges hearing in the case of Maxime
Jeoffroy Eli Mokom Gawaka is scheduled for 22 August 2023.
With regard to the situation in Ukraine, arrest warrants were issued for Vladimir
Vladimirovich Putin and Maria Alekseyevna Lvova-Belova for the alleged war crimes
of unlawful deportation and unlawful transfer of population (children) from occupied
areas of Ukraine to the Russian Federation.
The Prosecutor resumed his investigations into the situations in Afghanistan, the
Bolivarian Republic of Venezuela and the Philippines, following judicial decisions on
the admissibility challenges presented by the States concerned. With regard to the
situation in Georgia and the situation in the Central African Republic II, the
Prosecutor announced the conclusion of the investigation phase. During the reporting
period, the Office of the Prosecutor also continued its work with respect to the other
situations that fall within its mandate.
Reparations to victims continued to feature prominently in the Court’s work,
with the Trust Fund for Victims implementing reparation orders in four cases. The
Trust Fund is also implementing other programmes for the benefit of victims in
respect of the situations in the Central African Republic, Côte d’Ivoire, the
Democratic Republic of the Congo, Georgia, Kenya, Mali and Uganda, directly
benefiting close to 17,000 individuals.
The Court remains strongly committed to the principle of continuous
improvement, including in the context of the review process initiated by the Assembly
of States Parties in 2019 to strengthen the Court and as reflected in the strategic plans
for 2023–2025 of the Court, the Office of the Prosecutor, the Registry and the Trust
Fund for Victims, and the Strategy on Gender Equality and Workplace Culture
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launched in December 2022, as well as other documents, such as the new Policy on
the Crime of Gender Persecution of the Office of the Prosecutor.
The Court is grateful for the support of the United Nations across its activities.
It continued to receive highly valuable cooperation from the United Nations on a wide
range of issues, notably operational assistance in the field, on a cost-reimbursable
basis. The cooperation, assistance and support of States remained equally essential to
the Court’s operations, particularly at a time when a number of the Court’s elected
officials are facing unacceptable threats for carrying out their mandate.
Court-issued public arrest warrants are outstanding against 16 individuals:
(a)
Democratic Republic of the Congo: Sylvestre Mudacumura, since 2012; a
(b)
Uganda: Joseph Kony and Vincent Otti, since 2005;
(c)
Central African Republic: Mahamah Nouradine Adam, since 2019;
(d)
Darfur: Ahmad Harun, since 2007; Omar Al-Bashir, since 2009 and 2010;
Abdel Raheem Muhammad Hussein, since 2012; and Abdallah Banda, since 2014;
(e)
Kenya: Walter Barasa, since 2013; and Philip Kipkoech Bett, since 2015;
(f)
Libya: Saif Al-Islam Gaddafi, since 2011;
(g)
Georgia: Mikhail Mayramovich Mindzaev, Gamlet Guchmazov and David
Georgiyevich Sanakoev, since 2022;
(h)
Ukraine: Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-
Belova, since 2023.
The Court calls on States Parties and others to provide the necessary cooperation
and assistance for their arrest and surrender to the Court.
a The Office of the Prosecutor is in the process of verifying the reported death of Sylvestre
Mudacumura (in 2019).
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Introduction
1.
The present report, which covers the period from 1 August 2022 to 31 July 2023,
is submitted in accordance with article 6 of the Relationship Agreement between the
United Nations and the International Criminal Court (see A/58/874 and A/58/874/
Add.1).1
I. Update on judicial and prosecutorial activities
A. Situations and cases
2.
During the reporting period, the Chambers issued 534 written decisions, in
addition to oral and email decisions. Some 227 hearings were held.
3.
A combined total of over 15,000 victims participated in cases before the Court
during the reporting period. The Court received more than 8,900 new victim
application forms, including 1,083 in the Al Mahdi case (reparations), 1,320 in the
Abd-Al-Rahman case, over 2,000 for the situation in Ukraine and approximately 600
in the cases related to the situation in the Central African Republic II. A total of 2,341
representation forms were received with regard to the situations in the Bolivarian
Republic of Venezuela and the Philippines for processes initiated pursuant to
article 18 of the Rome Statute of the International Criminal Court. The Court received
follow-up information for a total of 1,300 existing applications.
1.
Situation in the Democratic Republic of the Congo
(a)
Judicial proceedings and reparations
The Prosecutor v. Thomas Lubanga Dyilo
4.
Trial Chamber II remained seized of the implementation plans for symbolic
collective reparations and collective service-based reparations and continued to
receive progress reports from the Trust Fund for Victims pursuant to the Chamber ’s
decisions of 21 October 2016, 6 April 2017 and 7 February 2019.
5.
To date, 2,462 child soldiers and their families and other indirect victims have
been deemed eligible for a reparations award; 872 beneficiaries are currently
benefiting from service-based reparations in the form of medical treatment,
psychological rehabilitation and socioeconomic support.
6.
As part of the symbolic reparations award, the Trust Fund for Victims launched
the construction of a building that will be used by community members for collective
activities. To date, the Trust Fund has complemented around 75 per cent of the total
liability of Mr. Lubanga for reparations to victims, but there is a funding gap of about
$2.5 million.
The Prosecutor v. Germain Katanga
7.
Trial Chamber II remained seized of the implementation of its reparations order
issued on 24 March 2017, wherein individual and collective reparations were granted
to 297 victims of the attack on the village of Bogoro, Ituri Province. Individual
reparations have been fully implemented and the implementation of collective
reparations is almost complete. A ceremony to mark the end of the implementation of
the reparations is planned by the Trust Fund for Victims.
__________________
1 More information on the Court’s activities can be found on its website, www.icc-cpi.int.
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The Prosecutor v. Bosco Ntaganda
8.
Trial Chamber II remained seized of the implementation of the reparations order
issued on 8 March 2021. In light of its finding as to the joint liability in solidum of
Mr. Ntaganda and co-perpetrators, the Chamber adopted, for the purposes of
reparations in the Ntaganda case, the reparation programmes ordered in the Lubanga
case, in relation to the overlapping victims and harm in both cases.
9.
On 12 September 2022, the Appeals Chamber delivered its judgment on the
appeals by Mr. Ntaganda and one of the legal representatives of victims against the
reparations order of Trial Chamber II of 8 March 2021, partially reversing the order
and remanding the matter to Trial Chamber II.
10. On 14 July 2023, Trial Chamber II delivered an addendum to the reparations
order, which included, inter alia, the estimation of the approximate number of direct
and indirect victims of crimes against child soldiers (3,000), the estimation of the
approximate number of direct and indirect victims of the attacks (7,500), and an
assessment of Mr. Ntaganda’s liability for reparations of $31,300,000. The Chamber
will next rule on the draft implementation plan of the Trust Fund for Victims for the
reparations awarded in this case.
11. In 2022 the Trust Fund for Victims began providing reparations to 29 former
child soldiers and 45 victims of the attacks identified as priority victims. Following
Trial Chamber II’s issuance of the addendum to the reparations order, preparations
are under way for the Trust Fund to mobilize resources and prepare for the
implementation of this large reparations programme.
(b)
Investigations
12. In June 2023, the Prosecutor visited the Democratic Republic of the Congo,
meeting with high-level officials, survivors, affected communities and civil society
organizations. He signed a memorandum of understanding with the President of the
Democratic Republic of the Congo on 1 June 2023, which set a new framework for
cooperation and complementarity. Following this visit, the Office of the Prosecutor
deepened its engagement with authorities in the country and other stakeholders to
encourage national proceedings to address serious crimes.
13. On 18 May 2023, the Government of the Democratic Republic of the Congo
submitted a second referral to the Prosecutor, relating to alleged crimes under the
Rome Statute committed in North Kivu Province from 1 January 2022. The Office
will conduct its preliminary examination and determine whether a new investigation
should be opened.
2.
Situation in Uganda
Judicial proceedings
The Prosecutor v. Dominic Ongwen
14. On 15 December 2022, the Appeals Chamber delivered two final judgments in
open court, the first confirming Trial Chamber IX’s conviction decision of 4 February
2021 and the second confirming, by majority, Trial Chamber IX’s sentencing decision
of 6 May 2021, which imposed a sentence of 25 years of imprisonment on Mr. Ongwen.
15. On 16 December 2022, Trial Chamber IX issued a decision instructing the
Registry to extract from the universe of 4,096 victims a random but representative
sample constituted of 205 victims, to proceed in a similar fashion as Trial Chamber II
had in the Ntaganda case at the reparations stage. On 9 January 2023, the Registry
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submitted the sample, which was subsequently approved by Trial Chamber IX as
sufficiently representative of the universe of potential victims.
The Prosecutor v. Joseph Kony and Vincent Otti
16. On 24 November 2022, the Prosecutor requested Pre-Trial Chamber II to hold a
hearing on the confirmation of charges against Mr. Kony (for whom a warrant of
arrest was issued in 2005) in his absence, pursuant to article 61, paragraph 2 (b), of
the Rome Statute. On 30 March 2023, the Office of Public Counsel for Victims and
the Office of Public Counsel for the Defence submitted observations.
17. On 1 December 2022, Pre-Trial Chamber II rejected the Prosecution’s request
to terminate the proceedings against Mr. Otti on account of his death, on grounds that
his alleged killing had not been established.
3. Situation in the Central African Republic I and situation in the Central African
Republic II
(a)
Judicial proceedings
The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona
18. The Prosecution’s presentation of evidence, which commenced on 15 March
2021, continued. To date, the Chamber has heard the testimony of 72 out of a total of
an anticipated 79 witnesses called by the Prosecution. On 29 May 2023, the Chamber
directed the Defence to indicate by 25 August 2023 whether it intended to present
evidence. If the Defence responds in the affirmative, it is to call its first witness on
11 December 2023.
The Prosecutor v. Mahamat Said Abdel Kani
19. The Prosecution’s presentation of evidence commenced on 26 September 2022.
The Prosecution is expected to call 58 witnesses to testify and was authorized to
introduce into evidence the prior recorded testimony of 24 witnesses, pursuant to
rule 68, paragraph 2, of the Court’s Rules of Procedure and Evidence. As at the end
of the reporting period, the Prosecution had called 16 witnesses.
20. Since February 2023 there have been no trial hearings owing to Mr. Said’s
medical condition. Trial Chamber VI is monitoring the situation and will resume the
trial whenever possible.
The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka
21. Proceedings for the confirmation of the charges have been ongoing since
Mr Mokom’s surrender on 14 March 2022. On 19 December 2022, the Appeals
Chamber confirmed, by majority, Pre-Trial Chamber II’s decision to remove
Mr. Mokom’s counsel of choice owing to an impediment to representation or a
conflict of interest.
22. On 3 February 2023, following the appointment of permanent counsel for
Mr. Mokom, Pre-Trial Chamber II postponed the commencement of the confirmation
of charges hearing, which was initially scheduled to commence on 31 January 2023,
to 22 August 2023.
23. Between September 2022 and June 2023, the Chamber held two status
conferences and issued a large number of decisions on procedural matters, addressing
in particular victims’ representation and participation, disclosure and related issues.
On 9 March 2023, the Prosecution submitted the document containing the charges.
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24. On 8 March 2023, Pre-Trial Chamber II rejected Mr. Mokom’s request for
interim release, in the absence of a State willing to accept him and to implement any
conditions suitable to mitigate any risk of flight. On 19 April 2023, Pre-Trial
Chamber II ordered the Registry to assist the Defence in identifying such a State.
(b)
Investigations
25. On 16 December 2022, the Prosecutor announced the conclusion of the
investigation phase in the situation in the Central African Republic II. The Office of
the Prosecutor is not pursuing new lines of inquiry into the alleged criminal
responsibility of other persons or in relation to other conduct in the situation beyond
the cases before the Court. The Office continued to cooperate with the authorities of
the Central African Republic, share information with the Special Criminal Court in
Bangui and engage on matters of common interest aimed at closing the impunity gap.
4. Situation in Darfur
(a)
Judicial proceedings
The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)
26. The trial of Mr. Abd-Al-Rahman, which commenced on 5 April 2022, continued
in 2022. The Prosecution concluded its presentation of evidence, in which 56
witnesses were heard and written statements of an additional 25 witnesses and more
than 1,200 items of evidence were submitted. On 19 April 2023, Trial Chamber I
rejected the Defence’s request for a motion of acquittal. From 5 to 7 June the victims’
legal representatives made their opening statements and called witnesses and victims,
who appeared in court. On 7 July, the Chamber granted a second Defence request for
postponement of the commencement of its case, which is now scheduled to start on
16 October 2023.
27. On 28 June 2023, the Appeals Chamber, by majority, confirmed Trial Chamber I’s
decision of 17 February 2023 recognizing the admission of a video of Mr. Abd-Al-
Rahman into evidence.
28. On 17 July 2023, the Appeals Chamber, by majority, dismissed the Defence’s
request for reconsideration of the Appeals Chamber’s judgment of 1 November 2021
confirming Pre-Trial Chamber II’s decision of 17 May 2021 that rejected the
Defence’s jurisdictional challenge of 15 March 2021.
(b)
Investigations
29. In addition to its prosecution case in the trial of Mr. Abd-Al-Rahman, the Office
of the Prosecutor continued to advance investigations in relation to suspects at large,
despite very limited cooperation from the Sudanese authorities. The outbreak of
fighting across the Sudan, including Darfur, continues to pose additional challenges
to the Office’s investigations.
30. On 26 January and 13 July 2023, pursuant to Security Council resolution 1593
(2005), the Prosecutor briefed the Security Council on the situation in Darfur,
detailing the progress in the case of Mr. Abd-Al-Rahman, addressing the armed
hostilities that have prevailed in the Sudan since April 2023 and outlining the
significant challenges his Office has encountered in receiving cooperation from the
Government of the Sudan. In his briefing in July 2023, the Prosecutor confirmed that
he had commenced investigations in relation to incidents occurring in the context of
the present hostilities, in accordance with the mandate of his Office pursuant to
resolution 1593 (2005).
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5.
Situation in Kenya
Judicial proceedings
The Prosecutor v. Paul Gicheru
31. On 14 October 2022, Trial Chamber III terminated the proceedings against
Mr. Gicheru following the confirmation of his passing.
6. Situation in Libya
(a)
Judicial proceedings
32. On 7 September 2022, Pre-Trial Chamber I terminated proceedings against
Mr. Al-Tuhamy Mohamed Khaled following the Prosecution’s submission of the
notification of the death of Mr. Al-Tuhamy and request to withdraw the arrest warrant,
dated 2 August 2022, to which it annexed a copy of a death certificate issued by the
Libyan authorities.
(b)
Investigations
33. The Office of the Prosecutor continued to implement its investigative strategy
across multiple lines based on its assessment of progress achieved in the investigation
as well as continued challenges. The Office undertook missions to Libya and other
countries while strengthening cooperation and engagement with States, international
organizations and civil society organizations. On 7 September 2022, the Office
became a formal member of the joint team supporting investigations into crimes
against migrants and refugees in Libya. In October 2022, two key suspects were
arrested and extradited to partner countries of the joint team as part of an operation
supported by the Office.
34. On 9 November 2022 and 11 May 2023, pursuant to Security Council resolution
1970 (2011), the Prosecutor briefed the Council on the situation in Libya, detailing
the progress made as a result of his Office’s renewed approach to the situation. The
Prosecutor’s briefing of 9 November marked the first time he presented to the Council
from Libya. The briefing was conducted virtually while the Prosecutor was on an
official visit to various parts of the country with the aim of strengthening engagement
both with Libyan authorities and victims’ groups.
7.
Situation in Côte d’Ivoire
Investigations
35. The Office of the Prosecutor continued its efforts to secure cooperation from
national authorities and other stakeholders to assist in accelerating the ongoing
investigations into crimes allegedly committed between December 2010 and June
2011 in the context of post-electoral violence.
8. Situation in Mali
(a)
Judicial proceedings and reparations
The Prosecutor v. Ahmad Al Faqi Al Mahdi
36. Trial Chamber VIII remained seized of the implementation of its reparations
order issued on 17 August 2017, wherein individual, collective and symbolic
reparations for the community of Timbuktu were granted.
37. The Trust Fund for Victims provided individual awards in the form of
compensation to 1,450 victims of the attacks against religious and historic buildings
carried out in June and July 2012. In 2022, together with the United Nations
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Educational, Scientific and Cultural Organization, the Trust Fund launched the
implementation of collective awards for the restoration of cultural heritage in
Timbuktu. The awards provide for commemorations that address the moral harm
caused to the community and the building of a facility for socioeconomic activities to
address the damage caused to the economy as a result of the destruction of its cultural
heritage.
The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud
38. The Defence’s presentation of evidence concluded on 6 February 2023 and Trial
Chamber X subsequently declared the submission of evidence closed. In total, the
Chamber heard the in-court testimony of 76 witnesses and received the evidence of
31 witnesses, pursuant to rule 68, paragraph 2, of the Court’s Rules of Procedure and
Evidence. Closing statements were delivered from 23 to 25 May 2023. The Chamber
is deliberating on its judgment.
(b)
Investigations
39. The Office of the Prosecutor continued its activities related to this situation,
including those concerning the Al Hassan case, and monitored developments and
incidents on the ground, including reports of atrocity crimes. The Office has been
seeking to explore further options to reinforce the impact of its activities with respect
to the situation in Mali, including by developing synergies with the Malian national
justice system and other partners within the framework of complementarity.
9.
Situation in Georgia
Investigations
40. On 16 December 2022, the Prosecutor announced the conclusion of the
investigation phase of the situation in Georgia. The Office of the Prosecutor will not
pursue new lines of inquiry into the alleged criminal responsibility of other persons
or in relation to other conduct in the situation beyond the case pending before the
Court. The Office focused its efforts on ensuring trial readiness in relation to the
existing warrants and on preserving witness evidence, including in accordance with
article 56 of the Rome Statute. The Office is also monitoring developments in the
context of suspect tracking.
10.
Situation in Burundi
Investigations
41. The Office of the Prosecutor continued its investigation, conducting missions to
a number of countries. The investigation advanced steadily following the Office’s
comprehensive analysis of the evidence collected since the start of the investigation
and benefited from the cooperation of States, United Nations entities and
non-governmental organizations.
11.
Situation in Afghanistan
(a)
Judicial proceedings
42. On 31 October 2022, Pre-Trial Chamber II authorized the Prosecution to resume
its investigation into the situation in Afghanistan, pursuant to article 18, paragraph 2,
of the Rome Statute. The Chamber found, inter alia, that the information presented
did not show that Afghanistan had investigated or was investigating the alleged crimes
in a manner that would cover the full scope of the Prosecution’s intended investigation
and that would justify even a partial deferral.
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43. On 4 April 2023, the Appeals Chamber issued a judgment amending Pre-Trial
Chamber II’s decision of 31 October 2022 in order to align it with the scope of the
Prosecutor’s investigation in relation to alleged crimes committed on the territory of
Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have
a nexus to the armed conflict in Afghanistan and are sufficiently linked to the situation
and were committed on the territory of other States Parties in the period since 1 July
2002, as previously determined by the Appeals Chamber in its judgment of 5 March
2020.
(b)
Investigations
44. Following the authorization granted by the Pre-Trial Chamber in October 2022,
the Office of the Prosecutor resumed investigative activities, with a focus on
identifying and interviewing witnesses, collecting relevant documentary evidence,
identifying and analysing representative incidents and further refining the case
hypotheses. The Office has further worked to galvanize cooperation from States,
international organizations and civil society organizations.
12.
Situation in Bangladesh/Myanmar
Investigations
45. The Office of the Prosecutor continued its investigation, conducting regular
missions, collecting and analysing evidence and carrying out initiatives aimed at
strengthening engagement and cooperation with partners in the region. The
investigation into this situation included the conduct of interviews with witnesses in
Bangladesh, drawing on the almost permanent presence of investigators in the
country. The Office engaged with government ministries in Bangladesh, diplomats,
United Nations entities and non-governmental organizations to request assistance and
inform them of developments. The Prosecutor conducted an official visit to
Bangladesh from 3 to 7 July 2023, meeting with civil society and survivors from the
Rohingya community in Cox’s Bazar and with high-level officials in Dhaka.
13.
Situation in the State of Palestine
Investigations
46. The Office of the Prosecutor continued its investigation in line with its
independent mandate and in a manner that ensured the preservation of the integrity
of the process and the safety and security of all of those involved. The investigation
encompasses conduct that might amount to crimes under the Rome Statute committed
since 13 June 2014 in Gaza and the West Bank, including East Jerusalem. The Office
continued to collect, preserve and analyse information, communications and evidence
from key stakeholders, including civil society organizations and various national and
international sources.
14.
Situation in the Philippines
(a)
Judicial proceedings
47. On 26 January 2023, Pre-Trial Chamber I authorized the Prosecution to resume
its investigation, pursuant to article 18, paragraph 2 of the Rome Statute. The
Chamber determined that the domestic initiatives and procedures relied on by the
Philippines did not amount to tangible, concrete and progressive investigative steps
carried out with a view to conducting criminal proceedings, in a way that would
sufficiently mirror the Court’s investigation as authorized by the Chamber in its
decision of 15 September 2021 under article 15 of the Rome Statute.
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48. On 21 March 2023, the Appeals Chamber issued a decision on the involvement
of victims in the appeal by the Philippines against Pre-Trial Chamber I’s decision of
26 January 2023, and on a request by the Office of Public Counsel for Victims. On
27 March 2023, the Appeals Chamber rejected the request of the Philippines for
suspensive effect.
49. On 18 July 2023, the Appeals Chamber confirmed, by majority, Pre-Trial
Chamber I’s decision of 26 January 2023.
(b)
Investigations
50. Following the decision of Pre-Trial Chamber I of 26 January 2023, the Office
of the Prosecutor resumed its planning and investigative activities, while at the same
time engaging in litigation before the Chamber following the appeal lodged by the
authorities of the Philippines.
15.
Situation in the Bolivarian Republic of Venezuela I
(a)
Judicial proceedings
51. On 27 June 2023, Pre-Trial Chamber I authorized the Prosecution to resume its
investigation into the situation in the Bolivarian Republic of Venezuela I, pursuant to
article 18, paragraph 2, of the Rome Statute. The Chamber determined that, while the
State was taking some investigative steps, its criminal proceedings did not sufficiently
mirror the scope of the Prosecution’s intended investigation as they did not cover the
factual allegations underlying the contextual elements of crimes against humanity,
and its domestic investigations appeared limited and generally focused on direct and
low-level perpetrators and did not sufficiently address the forms of criminality the
Prosecution intended to investigate.
52. On 12 July 2023, the Appeals Chamber, in the appeal of the Bolivarian Republic
of Venezuela against Pre-Trial Chamber I’s decision of 27 June 2023, extended the
deadline for the filing of the appeal brief to 14 August 2023.
(b)
Investigations
53. The Office of the Prosecutor continued to engage with the Venezuelan
authorities within the framework of the memorandum of understanding signed by the
Office and the Government of the Bolivarian Republic of Venezuela in November
2021 to promote cooperation and complementarity. In June 2023 the Prosecutor
conducted a third official visit to the country where he signed a second memorandum
of understanding establishing, among others, the legal and operational framework for
the establishment of an in-country office for his Office.
54. Following the 27 June 2023 ruling by Pre-Trial Chamber I, the Office of the
Prosecutor resumed its planning and investigative activities while remaining
committed to the terms and spirit of the above-mentioned memorandums of
understanding.
16.
Situation in Ukraine
(a)
Judicial proceedings
55. On 17 March 2023, Pre-Trial Chamber II issued warrants of arrest against
Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova for the alleged
war crimes of unlawful deportation and the unlawful transfer of population (children)
from occupied areas of Ukraine to the Russian Federation, under article 8, paragraph 2
(a) (vii), and article 8, paragraph 2 (b) (viii), of the Rome Statute. The crimes were
allegedly committed in Ukrainian occupied territory from at least 24 February 2022.
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(b)
Investigations
56. The Office of the Prosecutor continued its investigation during the reporting
period, engaging actively and maintaining a near constant presence on the ground in
Ukraine and the region. The Office engaged in cooperation and coordination efforts
with a variety of domestic and international stakeholders, including States parties,
notably in the context of the joint investigation team established under the auspices
of the European Union Agency for Criminal Justice Cooperation, and international
and regional organizations. Following the issuance of the two arrest warrants by the
Court, the Office continued to develop multiple, interconnected lines of investigation,
building on the cooperation with the Ukrainian Prosecutor-General’s office and other
domestic authorities. The Registry and the Office of the Prosecutor worked with
Ukrainian authorities to establish a country office of the Court in Ukraine on the basis
of an agreement signed between the Court and Ukraine on 23 March 2023.
B. Preliminary examinations
57. As at the end of the reporting period, the Office of the Prosecutor was seized of
three preliminary examinations, in relation to the following situations: Nigeria,
Venezuela (Bolivarian Republic of) II and Democratic Republic of the Congo II. The
preliminary examination of the situation in Nigeria was completed and the Office
engaged with domestic authorities on the next immediate steps to be taken. The
preliminary examination of the situation in the Bolivarian Republic of Venezuela II
was at the advanced stage of analysis. In relation to the situation in the Democratic
Republic of the Congo II, the Office will conduct a preliminary examination in order
to assess, as a preliminary matter, whether the scope of the situation is sufficiently
linked to the scope of the existing situation in the Democratic Republic of the Congo
to constitute a single situation.
58. The Office continued to review its policy on preliminary examinations and make
efforts to optimize its internal processes and enhance synergies between preliminary
examinations and investigations, which are now fully integrated, in accordance with
the Office’s organizational structure.
C. Other situations
59. In June 2023 the Prosecutor conducted a second official visit to Colombia, to
receive firsthand information on the authorities’ ongoing accountability efforts and to
continue efforts to ensure the effective implementation of the cooperation agreement
signed by the Office of the Prosecutor and the Government of Colombia in November
2021. To this end, an action plan was signed between the Office of the Prosecutor and
the Government of Colombia to facilitate enhanced implementation of the
cooperation agreement and of a complementary workplan with the Special
Jurisdiction for Peace, which will facilitate, inter alia, the provision of support in the
near term with respect to the investigation and prosecution of sexual and gender-based
crimes.
60. In relation to Guinea, the Prosecutor undertook a visit to Conakry at the end of
September 2022, continuing the extensive and constructive engagement of his Office
with the Guinean authorities. On the occasion of the visit and the opening of the
domestic trial related to the events of 28 September 2009 in Conakry, the Prosecutor
and the President of the Transition signed a memorandum of understanding aimed at
furthering the principle of complementarity and strengthening future cooperation in
pursuit of justice. On that basis, the Prosecutor decided to close the preliminary
examination in Guinea. During the reporting period, the Office of the Prosecutor
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continued to engage with the national authorities and relevant stakeholders in the
context of the implementation of the memorandum of understanding.
II. International cooperation
A. Cooperation with the United Nations
1.
General cooperation with United Nations Headquarters and entities present in
the field
61. The Court continued to receive crucial cooperation and support from the United
Nations and its senior leadership, in line with the 2004 Relationship Agreement.
62. The Court principals valued the constructive bilateral meetings held throughout
the reporting period with United Nations officials, including the Under-Secretary-
General for Legal Affairs and United Nations Legal Counsel, the Under-Secretary-
General for Political and Peacebuilding Affairs, the Under-Secretary-General for
Safety and Security, the Under-Secretary-General for Management Strategy, Policy
and Compliance, the United Nations High Commissioner for Human Rights and
several special advisers and special representatives of the Secretary-General. The
meetings were aimed at reinforcing and clarifying existing parameters for cooperation
and initiating discussions on new domains of cooperation.
63. The Court recognizes the critical role of the Under-Secretary-General for Legal
Affairs as the interface between the Court and the United Nations, in particular for
the transmission and coordination of judicial cooperation requests. The Court
continued to provide funding to the United Nations for a post in the Office of Legal
Affairs, at the P-3 level, to handle requests for assistance and cooperation from the
Court while ensuring full respect for the independent mandates of the Court and the
United Nations. The Court also continued to reimburse the staffing costs associated
with a post at the P-2 level in order to support the significantly increased workload
arising from the Court’s requests.
64. The Court’s liaison office to the United Nations continued to promote and
facilitate cooperation between the two organizations, represent the Court in various
meetings, apprise the Court of relevant developments at the United Nations and
facilitate and support meetings between officials of the two organizations. The liaison
office also continued to act as a key contact point between the Court and permanent
missions to the United Nations, especially of those countries without representation
in The Hague.
65. The Court continued to benefit from the cooperation of various United Nations
system entities, departments and offices, and special advisers and representatives of
the Secretary-General, including those present in the field, in accordance with their
mandate and with the agreement of host States. The Court highly appreciates such
cooperation, which is essential to its operations. The Court’s offices in the Central
African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Georgia,
Mali and Uganda played an important role by liaising with United Nations entities in
this respect. This support will also be invaluable as the Court is currently undertaking
to open offices in a number of new countries. In this context, an important
development took place on 7 October 2022, when the Court and the United Nations
Development Programme (UNDP) signed a framework agreement for the provision
of support services, which facilitates the provision of operational support from UNDP
to the Court, including UNDP country offices in geographical areas of relevance.
66. The Registry of the Court continued to receive, with appreciation, support from
the United Nations for the deployment of Court personnel throughout the many
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countries in which it operates. In this context, 2023 saw continued requests for
operational support relating to situations in various geographical locations (namely,
Bangladesh, Colombia, the Central African Republic, Chad, the Democratic Republic
of the Congo, Libya, Mali and the Sudan) and for support for several actors and
participants in the proceedings (Defence teams, Office of the Prosecutor, legal
representatives of victims and staff of the Trust Fund for Victims). A total of 70
missions received support from the United Nations. The Court is looking into
alternative ways to support its operations in Mali in light of the termination of the
mandate of the United Nations Multidimensional Integrated Stabilization Mission in
Mali.
67. The Court continued to cooperate with United Nations common system
organizations by participating in inter-agency meetings on facilities management,
travel and security. The country offices and the Court’s liaison office at the United
Nations in New York also benefited from coordination in administrative and
management areas across the United Nations system. As a participant in the United
Nations security management system, the Court relied on the United Nations for
services such as transportation, radio and video communication, medical assistance,
security briefings, and security training on a reimbursable basis. The Court also
continued engaging with the High-Level Committee on Management.
68. Since 2019, the Court has been a participating organization in the
Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff
among the Organizations Applying the United Nations Common System of Salaries
and Allowances. During the reporting period, four of the Court’s staff members were
on loan and five were on secondment to other international organizations, and six
transferred to other organizations under the Agreement. One United Nations staff
member is currently on loan and another is on secondment to the Court. The Court
also received six staff members on transfer from other international organizations.
69. The Senior Legal Adviser of the Registry and the Director of the Secretariat of
the Assembly of States Parties attended a meeting of the United Nations Legal
Advisers Network in Rome from 15 to 17 May 2023.
2.
Mainstreaming the International Criminal Court in the United Nations system
70. The Court greatly appreciates the support for its activities expressed in
resolutions, declarations and other documents adopted by the General Assembly, the
Security Council and other United Nations organs, committees and commissions. The
Court also values opportunities for its senior officials to participate in United Nations
meetings on themes and situations of relevance to its mandate.
71. National jurisdictions have the primary responsibility to investigate and
prosecute crimes under the Rome Statute. With that in mind, the Court encourages
the inclusion of capacity-building elements in legal and judicial reform programmes
supported by the United Nations as part of its rule of law development assistance,
such as by incorporating into national law the crimes and principles of the Rome
Statute, establishing or enhancing national processes for cooperation with the Court
and training legal professionals on the investigation and prosecution of international
crimes, in particular as part of the mandate to support justice and corrections
institutions in post-conflict settings. The Court is open to collaboration with the
United Nations in this context. By way of example, its country office in the Central
African Republic has engaged with the United Nations to promote justice as a key
foundation to lasting peace, with the support of the Secretary-General’s Peacebuilding
Fund.
72. The Court supported the organization of the event held by the Assembly of
States Parties on 17 July 2023 at United Nations Headquarters in New York to
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commemorate the twenty-fifth anniversary of the Rome Statute and coordinated with
the United Nations social media focal points to amplify related content, including a
special video and other content related to the #MoreJustWorld digital campaign. At
the Court’s request, United Nations entities publicized the exhibition “Common
bonds: From the Rome Conference to today”, marking the twenty-fifth anniversary
of the Rome Statute, by posting photographs and publicity on their global platforms.
In the second half of 2022, the Court coordinated with the United Nations to continue
publicizing stories of survivors of serious crimes profiled in its “Life After Conflict”
photo exhibit, which was on display at United Nations Headquarters in July 2022. As
in previous years, the Court marked United Nations international observance days
with statements and social media posts and shared this content, as well as additional
content related to Sustainable Development Goal 16 on peace and justice, with the
United Nations social media focal points for amplification. These focal points also
offered the Court advice on communications challenges and opportunities as they
unfolded. The Court is grateful to the United Nations for its communications support.
3.
Cooperation with the Security Council
73. The Court and the Security Council have different yet complementary roles in
addressing the gravest crimes of concern to the international community, which have
the potential to destabilize international peace and security. The Council’s prerogative
to refer a situation to the Court can help promote accountability in situations where
grave crimes may have been committed but where the Court lacks jurisdiction. This
is demonstrated in concrete terms by the trial of Mr. Abd-Al-Rahman, which
continued during the reporting period and represents the first trial to take place at the
Court based on a referral by the Council.
74. Where the Council has made a referral, active follow-up is necessary to ensure
cooperation, especially for the arrest and surrender of individuals for whom the Court
has issued arrest warrants. Following the Darfur and Libya referrals, the Court has
communicated to the Council a total of 16 findings of non-cooperation in respect of
a State. The Council has not responded to these communications in substantive form.
75. As noted above, the Prosecutor’s biannual briefings to the Security Council on
the situations in Darfur and Libya provided opportunities to inform the Council and
the United Nations membership of progress and challenges related to his Office’s
investigations and of the importance of cooperation, including with regard to the
outstanding arrest warrants. In addition, in September 2022, the Prosecutor briefed
the Council in relation to developments in the situation in Ukraine.
76. The Court believes that, building on past exchanges, the dialogue between the
Court and the Security Council on matters of mutual interest, both thematic and
situation-specific, can be enhanced further, with a view to strengthening synergies
between the mandates of both entities.
77. The Court is grateful for the support of the Security Council, which the States
parties to the Rome Statute serving on the Council play a key role in securing. The
Office of the Prosecutor has benefited from formal and informal exchanges and from
the strong support expressed, in part, at media stakeouts held after the Prosecutor ’s
briefings by the Court’s focal points in the Council on behalf of those Council
members that are also States parties. The Registrar also received such support during
his mission to New York in June 2023.
78. On 18 July 2023, the President of the Assembly of States Parties and the
Executive Director of the Trust Fund for Victims briefed the Security Council during
an Arria formula meeting entitled “25th Anniversary of the Rome Statute: The
Contribution of the International Criminal Court to the Maintenance of International
Peace and Security”.
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B. Cooperation with and assistance from States, other international
organizations and civil society
79. States continued to provide highly valuable assistance in relation to
investigations and prosecutions including with respect to arrests, identification and
recovery of assets, provision of documents and facilitation of missions of the Court
on their territory.
80. During the reporting period, the Registry transmitted 536 requests for visas to
States and 300 primary requests for cooperation to States parties, other States and
international and regional organizations, in addition to following up on pending
requests apart from operational support requests sent by country offices.
81. The Office of the Prosecutor continued its efforts to enhance cooperation with
partners, including by increasingly incorporating the use of technology and
intelligence-led actions. The Office transmitted 458 requests for assistance (including
125 notifications for mission) to States Parties, States not parties, international and
regional organizations and other public or private entities, and followed up on the
execution of pending requests. The Office also received 22 incoming requests for
cooperation under article 93, paragraph 10, of the Rome Statute.
82. In addition to transmitting its own requests and requests on behalf of Chambers,
the Registry requested the assistance of States to support the investigative activities
of Defence teams, including by giving them access to documents or potential
witnesses, and to facilitate visits of detainees’ families to the Court’s detention centre
by issuing visas. States were also requested to provide assistance for reparations
proceedings, including by identifying the whereabouts of victims and by supporting
the activities of the Trust Fund for Victims. All these forms of assistance are
appreciated as contributing to the efficiency and fairness of the Court’s proceedings.
83. As demonstrated by the list of outstanding arrest warrants in the summary of the
present report, the arrest and surrender of individuals subject to the Court’s warrants
remains a critical challenge. The Court reiterates the importance it attaches to the
Secretary-General’s guidance on contacts with persons who are the subject of arrest
warrants or summonses issued by the Court (A/67/828-S/2013/210).
84. The Court continued to encourage States to conclude cooperation agreements
with it regarding the relocation of witness under threat, the enforcement of sentences,
and the interim and final release of suspects or accused. One new agreement was
concluded with Belgium on the release of persons on 7 July 2023.
85. The Registry and the Office of the Prosecutor continued efforts to further
enhance cooperation with national, regional and international judicial and law
enforcement networks in support of the Court’s needs, and to assist national
proceedings, where appropriate, in accordance with the principle of complementarity.
86. These efforts have produced tangible results, notably the strengthening of
relations between the Office of the Prosecutor and the African Union following the
Prosecutor’s participation in the thirty-fifth and thirty-sixth African Union summits
in Addis Ababa. The attendance of the Prosecutor at the ninth summit of the
Association of Caribbean States, held in May 2023 in Antigua, Guatemala, also served
to enhance cooperation with States in the region.
87. The Registry and the Office of the Prosecutor also continued to work closely
together within the inter-organ working group on arrest strategies to devise and
implement strategies to facilitate the arrest of suspects, as well as to develop a
network of partners to foster information exchange and cooperation in the
identification, freezing and seizure of assets.
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88. On 23 June 2023 the Registry organized a hybrid meeting with States from the
Group of Latin American and Caribbean States on framework cooperation
agreements, with the participation of representatives of embassies and experts from
capitals. Lastly, the Registry continued its efforts to obtain sufficient funds for the
trust fund it relies on to ensure family visits for indigent detainees. The Court
organized six family visits, in which a total of 18 persons participated (10 adults and
8 children). Six States made generous donations to the trust fund during the reporting
period.
89. With the financial support of the European Commission and other donors, the
Court organized over 15 seminars and events in support of efforts to strengthen
cooperation, complementarity and universality, including a second high-level virtual
seminar for judges in the Asia-Pacific region, a training on witness protection for
victims of conflict related sexual violence in Ukraine, a seminar for national
cooperation for focal points from the ministries of justice of countries with situations
subject to the jurisdiction of the Court and the fifth Asia-Pacific Forum of the Hague.
90. The Court continued to develop its interaction and cooperation with
international and regional organizations as key partners for promoting universal
ratification and full national implementation of the Rome Statute, raising awareness
of the Court’s work, enhancing cooperation and promoting wider geographical
representation within the Court’s staff.
91. The Court greatly values the activities that civil society partners undertake to
raise awareness of the Court and promote the universal ratification and full
implementation of the Rome Statute, and it continued to participate in those activities.
From 19 to 23 June 2023, the Court held, in hybrid format, an annual round table with
non-governmental organizations. In addition, the Office of the Prosecutor organized
two thematic round tables on crimes against and affecting children and gender
persecution with civil society organizations from countries with situations subject to
the jurisdiction of the Court. The round tables included discussions of the newly
launched policy of the Office of the Prosecutor on the crime of gender persecution,
which strengthens the basis on which the Office can advance the fight against
impunity for sexual and gender-based crimes.
III. Institutional developments
A. Treaty matters
92. Two States accepted or ratified the amendment to article 8 of the Rome Statute
adopted in 2010, bringing the total number of States parties having accepted or
ratified the amendment to 45. Two States accepted or ratified the amendment on the
crime of aggression, bringing the total number of States parties having accepted or
ratified the amendment to 45. One State accepted or ratified the amendment to article
124, bringing the total number of States parties having accepted or ratified the
amendment to 19. Three States accepted or ratified the amendment to article 8
regarding the use of weapons that use biological agents or toxins, bringing the total
number of States parties having accepted or ratified the amendment to 15. Three
States accepted or ratified the amendment to article 8 regarding the use of weapons
designed to injure by fragments undetectable by X-rays, bringing the total number of
States parties having accepted or ratified the amendment to 13. Three States accepted
or ratified the amendment to article 8 regarding the use of blinding laser weapons,
bringing the total number of States parties having accepted or ratified the amendment
to 13. Four States accepted or ratified the amendment to article 8 on intentionally
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using the starvation of civilians, bringing the total number of States parties having
accepted or ratified the amendment to 12.
93. The Court continued efforts to attract all States not among the 123 parties to the
Rome Statute to join the treaty as soon as possible.
B. Elections
94. On 10 February 2023, the judges of the Court elected by secret ballot Osvaldo
Zavala Giler as Registrar for a period of five years by an absolute majority. Mr. Zavala
Giler, a national of Ecuador, commenced his term on 17 April 2023, succeeding Peter
Lewis.
C. Trust Fund for Victims
95. As detailed in section II above, the Trust Fund for Victims continued
implementing Court-ordered reparations in four cases, and it participated in the
reparations proceedings in the Ongwen case.
96. The Trust Fund also implemented other programmes to benefit victims through
the provision of medical treatment, psychological rehabilitation, socioeconomic
support, education and peace-building activities. Those programmes were
implemented for the benefit of victims in the situations in the Central African
Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Georgia, Kenya,
Mali and Uganda, all under the jurisdiction of the Court. The programmes in Georgia
and Kenya were launched at the beginning of 2023. Close to 17,000 individuals
directly benefited from reparations programmes in 2022. The Trust Fund worked with
locally based international organizations and local organizations to implement
reparations activities.
97. In its resolution 77/6 of 2 November 2022 the General Assembly encouraged
States to contribute to the Trust Fund for Victims. In 2022, the Trust Fund received
over €3.8 million in voluntary contributions from 32 States parties, which enabled it
to continue its activities in 2023. The Trust Fund calls upon the General Assembly to
continue to call on States, individuals and entities to make voluntary contributions for
the benefit of victims and their families.
98. In line with the 2020 report of the Independent Expert Review, the Trust Fund’s
Board of Directors initiated a series of reforms to strengthen the fundraising capacity,
visibility and effective management of the secretariat of the Trust Fund for Victims,
which has been led by a new Executive Director since 1 May 2023, following a
competitive recruitment process.
D. Launch of strategic plans for 2023–2025
99. On 14 June 2023, the strategic plans for 2023–2025 of the Court, the Office of
the Prosecutor, the Registry and the Trust Fund for Victims were launched, marking
the first time all four strategic plans have been developed and adopted concurrently,
following the same three-year cycle. This underscores the Court’s commitment to the
“one Court principle” and strengthens the Court’s relationship with the Trust Fund for
Victims by promoting greater synergies while upholding the independence of the
organs involved in judicial proceedings. During the process of elaborating the
strategic plans, the Court benefited from the input provided by its staff as well as by
States parties and civil society organizations.
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100. Building on the achievements made during the previous strategic cycle and
taking into account the recommendations of the Independent Expert Review, the four
strategic plans aim to drive further progress in the 2023–2025 period. The
introduction of key performance indicators and a strategic framework will enable the
Court to better demonstrate how the performance of each organ and the Trust Fund
for Victims contributes to shared, overarching goals. The Court’s strategic plan
reaffirms its pledge to act with integrity and acknowledges the crucial role of the
Court’s staff in the achievement of its mission. In December 2022, the Court also
launched a comprehensive Court-wide Strategy on Gender Equality and Workplace
Culture, the first of its kind adopted by an international court or tribunal.
101. Through the development of the strategic plans, the Court identified key
additional resources required to meet core strategic objectives, as reflected in the
proposed programme budget for 2024 recently transmitted by the Court to the
Assembly of States Parties.
IV. Conclusion
102. The reporting period marked a particularly active year for the International
Criminal Court, including significant activities in pretrial, trial and appeals
proceedings and in the implementation of reparations, as well as the investigations
and preliminary examinations conducted by the Office of the Prosecutor with respect
to situations on four continents. Among the notable developments were the
confirmation of a conviction and sentence on appeal; the conclusion of the
presentation of evidence in one trial and the progress of three other trials in the
courtrooms; the issuance of two new arrest warrants; and the conclusion of one
preliminary examination. The Trust Fund for Victims implemented court-ordered
reparations to victims in four cases and conducted other projects in several countries,
benefiting close to 17,000 victims.
103. The Court recognizes with gratitude the many forms of important assistance
provided by the United Nations system during the reporting period and is equally
appreciative of the cooperation of States with its ongoing investigative, prosecutorial
and judicial activities. Furthermore, the Court highly appreciates the numerous vocal
statements of support expressed by States and other international actors in high-level
forums, such as the General Assembly and the Security Council. Such support is
particularly important at a time when officials of the Court have come under attack
for carrying out their mandates. The Court looks forward to further strengthening its
relations with all stakeholders as it seeks to enhance the delivery of justice under its
mandate set out in the Rome Statute.
United Nations
A/79/198
General Assembly
Distr.: General
19 August 2024
Original: English
24-14914 (E) 050924
*2414914*
Seventy-ninth session
Item 74 of the provisional agenda*
Report of the International Criminal Court
Report of the International Criminal Court
Note by the Secretary-General
The annual report of the International Criminal Court on its activities for
2023/24 is submitted herewith to the General Assembly in accordance with article 6
of the Relationship Agreement between the United Nations and the International
Criminal Court and paragraph 31 of General Assembly resolution 78/6.
* A/79/150.
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Report of the International Criminal Court on its activities
in 2023/24
Summary
During the reporting period, the International Criminal Court made significant
contributions to the global fight against impunity for the most serious crimes of
concern to the international community as a whole. Drawing on new tools and
approaches, the Court is addressing the unprecedented demand for its work in the
form of investigations, pretrial proceedings, trials and appeals, as well as reparation
programmes for victims, carrying out extensive activities in highly challenging
operational environments and fragile security situations in ongoing conflict zones.
Among the notable developments during the reporting period, Trial Chamber X
convicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of crimes against
humanity and of war crimes committed between 2 April 2012 and 29 January 2013 in
Timbuktu, northern Mali. Sentencing proceedings are under way, and the verdict is
subject to appeal. Reparation proceedings are soon to commence. Three other trials
continued in the courtrooms: the trial of Ali Muhammad Ali Abd-Al-Rahman with
regard to the situation in Darfur and the trial of Alfred Yekatom and Patrice-Edouard
Ngaïssonna and the trial of Mahamat Said Abdel Kani with regard to the situation in
the Central African Republic.
With regard to the situation in Uganda, Trial Chamber IX issued a reparations
order in the case of Dominic Ongwen, who previously had been found guilty for
crimes against humanity and war crimes committed in northern Uganda between 2002
and 2005. The Chamber set Mr. Ongwen’s financial liability to €52,429,000, the
highest amount of reparations to victims ordered in any case before the Court thus
far. Mr. Ongwen has appealed the reparations order. The Registry will now proceed
with identifying the victim population that is potentially eligible for reparations.
The Court reached a historic milestone as the Trust Fund for Victims finalized
the implementation of reparations in the Katanga case with a closing ceremony held
in Bunia, Democratic Republic of the Congo. The Trust Fund is also implementing
other reparation orders and other programmes to benefit victims through the provision
of medical treatment, psychological rehabilitation, socioeconomic support, education
and peacebuilding activities, directly benefiting around 24,000 individuals in 2023.
With regard to the situation in Ukraine, four new arrest warrants were issued
against the following individuals: Sergei Kuzhugetovich Shoigu, Minister of Defence
of the Russian Federation; Valery Vasilyevich Gerasimov, Chief of the General Staff
of the Armed Forces of the Russian Federation and First Deputy Minister of Defence;
Sergei Ivanovich Kobylash, Lieutenant General in the Russian Armed Forces and
Commander of long-range aviation of the Aerospace Force; and Viktor Nikolayevich
Sokolov, admiral in the Russian Navy and Commander of the Black Sea fleet
(functions held at the time of the alleged conduct).
With regard to the situation in Mali, the arrest warrant issued in 2017 for Iyad
Ag Ghaly, alleged leader of Ansar Eddine, was unsealed.
With regard to the situation in Uganda and the situation in Kenya, the Office of
the Prosecutor announced the conclusion of the investigation phase. During the
reporting period, the Office of the Prosecutor also continued its work with respect to
the other situations that fall within its mandate. Pressure on its investigative function
has greatly increased in the light of the significant range of allegations of crimes under
the Rome Statute stemming from ongoing active conflicts, including in relation to the
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situations in Darfur, the State of Palestine and Ukraine. To address increased
requirements for its investigative activities, the Office is drawing on a new evidence-
processing system that was finalized during the reporting period; an increase in field
presence, including through an increase in staffing in Ukraine and the establishment
of an office in Caracas; and a revitalization of its policy framework, as reflected in
the adoption, in December 2023, of new policies on children and on gender-based
crimes.
The contents of the present report do not reflect confidential activity before the
Court’s pretrial chambers, which has increased in terms of both workload and output.
On 11 March 2024, six new judges of the Court commenced their nine-year
terms, and Tomoko Akane was elected President of the Court for the period 2024–
2027.
Security issues continued to gain prominence among the priorities of senior
leadership of the Court owing to, inter alia, a serious cyberattack against the Court
during the reporting period and other threats and attacks to which the Court and its
officials have been subjected on account of their efforts to carry out their mandate,
including arrest warrants issued by the Russian Federation against several judges and
the Prosecutor.
The Court is grateful for the highly valuable cooperation that it continued to
receive from the United Nations on a wide range of issues, notably including
operational assistance in the field on a cost-reimbursable basis. The cooperation,
assistance and support of States remained essential to the Court’s operations.
Court-issued public arrest warrants are outstanding against 20 individuals:
(a)
Democratic Republic of the Congo: Sylvestre Mudacumura, since 2012; a
(b)
Uganda: Joseph Kony, since 2005;
(c)
Central African Republic: Mahamat Nouradine Adam, since 2019;
(d)
Darfur: Ahmad Harun, since 2007; Omar Al-Bashir, since 2009 and 2010;
Abdel Raheem Muhammad Hussein, since 2012; and Abdallah Banda, since 2014;
(e)
Kenya: Walter Barasa, since 2013; and Philip Kipkoech Bett, since 2015;
(f)
Libya: Saif Al-Islam Gaddafi, since 2011;
(g)
Mali: Iyad Ag Ghaly, since 2017;
(h)
Georgia: Mikhail Mayramovich Mindzaev, Gamlet Guchmazov and David
Georgiyevich Sanakoev, since 2022;
(i)
Ukraine: Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-
Belova, since 2023; and Sergei Ivanovich Kobylash, Viktor Nikolayevich Sokolov,
Sergei Kuzhugetovich Shoigu and Valery Vasilyevich Gerasimov, since 2024. b
The Court calls upon States Parties and others to provide the necessary
cooperation and assistance for their arrest and surrender to the Court.
a Efforts are being undertaken to verify the reported death of Sylvestre Mudacumura (in 2019).
b While the warrants are secret, the Chamber has authorized the Registry to make public their
existence, the names of the suspects and the legal qualification of the alleged crimes, considering
that public awareness of the warrants may contribute to the prevention of the further commission
of crimes pursuant to article 58, paragraph 1 (b) (iii) of the Rome Statute.
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Introduction
1.
The present report, which covers the period from 1 August 2023 to 31 July 2024,
is submitted in accordance with article 6 of the Relationship Agreement between the
United Nations and the International Criminal Court (see A/58/874 and
A/58/874/Add.1).1
I. Update on judicial and prosecutorial activities
A. Situations and cases
2.
During the reporting period, the Chambers issued 532 written decisions, in
addition to oral and email decisions. Some 158 hearings were held.
3.
A combined total of over 16,000 victims participated in cases before the Court.
During the reporting period, the Court received more than 4,500 new victim
application forms, as well as a total of 164 representation forms from victims and
victim groups with regard to the situation in the Bolivarian Republic of Venezuela.
The Registry also received and processed follow-up information for approximately
650 existing applications.
4.
As of July 2024, the Court had determined that approximately 5,500 victims
were eligible for reparations in the Katanga, Lubanga and Al Mahdi cases, of which
close to 75 per cent of beneficiaries had received reparations or were enrolled in
reparation programmes. In relation to the Ntaganda and Ongwen cases, the Registry
is in the process of identifying approximately 10,000 and 50,000 individuals,
respectively, for enrolment in reparation programmes.
5.
The above-mentioned statistics do not reflect confidential proceedings before
pretrial chambers.
1.
Situation in the Democratic Republic of the Congo
(a)
Judicial proceedings and reparations
The Prosecutor v. Thomas Lubanga Dyilo
6.
The Trust Fund for Victims continued to implement the symbolic collective
reparations and collective service-based reparations ordered by Trial Chamber II. In
total, 2,471 former child soldiers have been deemed eligible for a reparations award;
1,324 beneficiaries have completed or are currently benefiting from service-based
reparations in the form of medical treatment, psychological rehabilitation and
socioeconomic support. As part of the symbolic reparations award, the Trust Fund has
continued construction of four community centres.
The Prosecutor v. Germain Katanga
7.
At the request of the victims, a ceremony was held on 24 April 2024 in Bunia,
Ituri Province, Democratic Republic of the Congo, to mark the completion of the
implementation of reparations in the Katanga case. The reparations, which had been
ordered by Trial Chamber II on 24 March 2017, benefited individuals who lost family
members, suffered physical and psychological harm and lost their homes, property
and livestock as a result of the attack of 24 February 2003 on the village of Bogoro,
Ituri Province, for which Mr. Katanga had been found guilty, as an accessory, of one
__________________
1 More information on the Court’s activities can be found on its website, www.icc-cpi.int.
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count of a crime against humanity (murder) and four counts of war crimes (murder,
attacking a civilian population, destruction of property and pillaging).
The Prosecutor v. Bosco Ntaganda
8.
Trial Chamber II remained seized of the implementation of the reparations order
issued on 8 March 2021 by Trial Chamber VI and the addendum issued by Trial
Chamber II on 14 July 2023, which included the estimation of the approximate
number of direct and indirect victims of crimes against child soldiers (3,000), the
estimation of the approximate number of direct and indirect victims of the attacks
(7,500) and an assessment of Mr. Ntaganda’s liability for reparations ($31,300,000).
9.
Mr. Ntaganda and the legal representatives of the victims of the attack filed an
appeal against the addendum. On 5 February 2024, the Appeals Chamber rejected the
requests for suspensive effect of the appeal. The appeal is pending.
10. On 27 February 2024, Trial Chamber II approved the updated draft
implementation plan for reparations of the Trust Fund for Victims and endorsed the
beneficiary eligibility determinations. The Registry is conducting victim identification
and eligibility screening for reparations in various locations.
11.
Between 2022 and 2024, the Trust Fund for Victims provided initial reparations
to 123 priority victims in urgent need.
(b)
Investigations
12. The Office of the Prosecutor continues to deepen its engagement with the
authorities of the Democratic Republic of the Congo and other stakeholders, including
through multiple field deployments. Those efforts have included a significant focus
on encouraging national proceedings to address serious crimes, in line with the
memorandum of understanding signed on 1 June 2023. Following a workshop held in
Kinshasa in November 2023 and a follow-up mission undertaken by experts from the
Office’s forensic team in February 2024 to identify challenges and capacity-building
needs, the Office has continued its evaluation of the handling of priority cases by
national judicial authorities.
(c)
Programme for the benefit of victims
13. In 2008, the Trust Fund for Victims launched a programme for the benefit of
victims in respect of the situation in the Democratic Republic of the Congo. Over
2,000 affected individuals directly benefited from rehabilitation services in 2023.
14. To support domestic efforts for the benefit of victims, in May 2024, the Trust
Fund, in collaboration with the Office of the United Nations High Commissioner for
Human Rights, co-facilitated a workshop for the benefit of the national fund for
reparations for victims of conflict-related sexual violence and victims of crimes
against the peace and security of humanity, with a view to sharing experiences,
challenges and lessons learned in the design and implementation of reparation
programmes.
2.
Situation in Uganda
(a)
Judicial proceedings and reparations
The Prosecutor v. Dominic Ongwen
15. Following the conviction of Mr. Ongwen on 4 February 2021, which was
confirmed on appeal, on 28 February 2024 Trial Chamber IX issued a reparations
order, setting his financial liability to €52,429,000. The liability considered the
estimated 49,772 victims affected by the 61 crimes for which Mr. Ongwen was
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sentenced to 25 years in prison, including sexual and gender-based crimes, crimes
committed against children and crimes creating transgenerational harm. The financial
liability includes an award for collective community-based reparations, consisting of
collective rehabilitation programmes, as well as symbolic and satisfaction measures,
including a symbolic award of €750 for all eligible victims. In December 2023,
Mr. Ongwen was transferred to Norway to serve his sentence.
16. Mr. Ongwen has appealed the reparations order. On 16 May 2024, the Appeals
Chamber rejected Mr. Ongwen’s request for suspensive effect of the appeal.
17. Between May and July 2024, the Trust Fund for Victims conducted
consultations with 2,715 potential beneficiaries of reparations in five locations in
northern Uganda relevant to the crimes for which Mr. Ongwen was convicted. The
consultations will inform the draft implementation plan for reparations. The Trust
Fund also announced its first urgent funding appeal of €5 million in June 2024 to start
a reparations programme in this case. In addition, the Registry has been establishing
a framework for victim identification and eligibility screening for reparations in
various locations across the country.
The Prosecutor v. Joseph Kony and Vincent Otti
18. On 17 November 2023, Pre-Trial Chamber II terminated the proceedings against
Vincent Otti, finding that, based on the information provided by the Prosecution, the
only reasonable conclusion was that Mr. Otti is deceased. As a consequence, only the
arrest warrant for Joseph Kony remained outstanding with respect to the situation.
19. On 23 November 2023, following the Prosecution’s request to hold a hearing on
the confirmation of charges against Mr. Kony in his absence, Pre-Trial Chamber II
found that Mr. Kony qualified as a person who “cannot be found” within the meaning
of article 61, paragraph 2 (b) of the Rome Statute, that all reasonable steps to secure
his appearance had been taken and that there would be cause to hold a confirmation
hearing against him in his absence. The Chamber instructed the Registry to submit a
plan indicating the outreach activities and notification efforts it would pursue to
inform Mr. Kony of the charges.
20. On 4 March 2024, Pre-Trial Chamber II found that all reasonable steps to inform
Mr. Kony of the charges had been taken and decided that the hearing on the
confirmation of charges against Mr. Kony, to be held in his absence should he not
appear, would commence on 15 October 2024. On 24 June 2024, Peter Haynes was
appointed as counsel for Mr. Kony. The Registry is reaching out to victims for their
potential participation in these proceedings.
(b)
Investigations
21. On 1 December 2023, the Prosecutor announced the conclusion of the
investigation phase in the situation in Uganda. Accordingly, absent a significant
change in circumstances and without prejudice to the work required to support the
ongoing judicial process, the Office will not pursue new lines of inquiry and will
focus on ensuring the successful prosecution of Joseph Kony, the alleged leader of
the Lord’s Resistance Army. The Office will continue to devote concerted efforts, in
collaboration with the Registry and relevant partners, to secure his arrest. The Office
will work with the Ugandan authorities and civil society to ensure that information
and evidence are shared under the framework of the Office’s Policy on
Complementarity and Cooperation.
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(c)
Programme for the benefit of victims
22. In 2008, the Trust Fund for Victims launched a programme for the benefit of
victims in respect of the situation in Uganda. Over 6,500 affected individuals directly
benefited from rehabilitation services in 2023.
3.
Situation in the Central African Republic I and situation in the Central African
Republic II
(a)
Judicial proceedings
The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona
23. The Prosecution concluded its presentation of evidence on 11 September 2023,
at which time the Chamber had heard the testimony of 75 witnesses called by the
Prosecution. In addition, the Chamber received more than 10,000 items of evidence
from the Prosecution. Following the Prosecution, the legal representatives of the
victims presented their evidence by calling three witnesses, and the testimony of one
Chamber witness was heard. On 28 November 2023, the Defence for Mr. Yekatom
made its opening statements and subsequently called 18 witnesses. In addition to live
testimony, the Chamber received the written testimony of over 50 witnesses from the
Prosecution and the Defence. The Chamber granted participatory status to 299 victims,
bringing the total number to 1,965. The Registry continues to engage with victim
communities and collect victims’ information.
24. On 20 May 2024, the Appeals Chamber confirmed two decisions of Trial
Chamber V, in which the Prosecution’s requests to introduce prior recorded testimony
were granted.
The Prosecutor v. Mahamat Said Abdel Kani
25. The trial resumed following the adjournment of the proceedings in February
2023 on account of Mr. Said’s medical condition. On 15 December 2023, Trial
Chamber VI found Mr. Said fit to stand trial. The Chamber continues to monitor his
condition and his physical ability to participate in a regular sitting schedule. The
Chamber has heard 44 witnesses called by the Prosecution.
26. To date, the Chamber has granted participatory status to 31 victims. The Registry
continues to engage with victim communities and collect victims’ information.
The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka
27. From 22 to 24 August 2023, the Chamber held a hearing on the confirmation of
charges. On 16 October 2023, the Prosecution notified the Chamber of the withdrawal
of all charges against Mr. Mokom. On 17 October 2023, the Chamber terminated the
proceedings against him and ordered his immediate release. The Chamber ordered the
Registry to ensure that Mr. Mokom’s rights as a free person are not restricted, while
requesting him to abide by certain practical arrangements.
28. On 18 January 2024, the Chamber rejected the extradition request from the
Central African Republic. Noting that no other State was willing to accept
Mr. Mokom, the Chamber decided that its residual jurisdiction regarding Mr. Mokom
would conclude on 8 February 2024 if no such State was identified by that date; in
that event, he would fall under the exclusive jurisdiction of the host State.
29. On 23 April 2024, Mr. Mokom filed a request pursuant to article 85 of the Rome
Statute, seeking compensation for the harm and damage allegedly caused to him as a
result of the proceedings against him. A special chamber composed of three judges
has been constituted to hear the claim.
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(b)
Investigations
30. Investigative activities continued in relation to all pending cases before the
Court, including the arrest warrant against Mahamat Nouradine Adam. The Office of
the Prosecutor has deepened its cooperation with the authorities of the Central African
Republic, including through a visit by the Deputy Prosecutor, Mame Mandiaye Niang,
in November 2023, during which he signed memorandums of understanding with the
Government of the Central African Republic and the Special Criminal Court, as a
reflection of a joint commitment to strengthen collaboration to effectively address
international crimes committed in the country.
31. The Office continued its tracking efforts with good cooperation from various
stakeholders.
(c)
Programme for the benefit of victims
32. Since 2020, the Trust Fund for Victims has been implementing a programme for
the benefit of victims in the Central African Republic. Over 15,000 affected
individuals, including nearly 8,000 victims of sexual and gender-based crimes, have
directly benefited from rehabilitation services since the start of the programme.
4.
Situation in Darfur
(a)
Judicial proceedings
The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)
33. The trial of Mr. Abd-Al-Rahman continued in 2023 with the presentation of
views and concerns by the victims and the presentation of evidence by the Defence.
The presentation of evidence by the victims concluded in October 2023, and the
Defence started the presentation of its evidence immediately thereafter. The Chamber
has heard 17 witnesses called by the Defence. The Chamber granted participatory
status to an additional 731 victims, bringing the total number to 1,331. The Registry
continues to engage with victim communities and collect victims’ information.
(b)
Investigations
34. The Office of the Prosecutor continued to advance investigations with cooperation
from different States and increased cooperation from Sudanese authorities. In
September 2023, the Prosecutor met with First Lieutenant General Abdel-Fattah
Al-Burhan Abdelrahman Al-Burhan on the sidelines of the General Assembly and
underlined the obligations of the Sudan pursuant to Security Council resolution 1593
(2005) with respect to cooperating with the Court and ensuring justice for the people
of the Sudan. Following that meeting, a new focal point for cooperation was appointed
by the Government of the Sudan, which has assisted in improving cooperation.
35. On 29 January 2024, during his visit to Chad, the Prosecutor briefed the Security
Council on the situation in Darfur. The Office is accelerating its operations, with
multiple field missions and advanced exploitation of online open sources, and
harnessing its partnerships with civil society actors, victims’ groups, national
authorities and international and regional organizations.
36. In relation to the ongoing violence in Darfur, the Office is prioritizing
investigations of crimes affecting children and gender-based crimes. The Office has
conducted several outreach missions to refugee camps in the east of Chad. The Office
continues to engage constructively with various national authorities that are
developing relevant investigations.
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5.
Situation in Kenya
(a)
Investigations
37. On 27 November 2023, the Deputy Prosecutor, Nazhat Shameem Khan,
announced the conclusion of the investigation phase with respect to the situation in
Kenya, after considering the specific facts and circumstances.
38. The Office will not pursue additional cases into the alleged criminal
responsibility of other persons but maintains its capacity to act on information relating
to retaliation against witnesses.
(b)
Programme for the benefit of victims
39. In April 2023, the Trust Fund for Victims launched a two-year programme for
the benefit of victims of sexual and gender-based violence in respect of the situation
in Kenya. Over 190 affected individuals directly benefited from rehabilitation
services in 2023.
6.
Situation in Libya
Investigations
40. On 9 November 2023 and 14 May 2024, pursuant to Security Council resolution
1970 (2011), the Prosecutor briefed the Council on the situation in Libya and outlined
a road map aimed at completing the investigation phase by the end of 2025, subject
to operational conditions.
41. The Prosecutor further updated the Security Council on the implementation of
the strategic plan adopted in respect of this situation in 2022, which involved multiple
investigative operations, enhanced cooperation with national authorities from Libya
and other States and continued outreach with survivors and civil society. The Office
succeeded in significantly advancing investigations, including through interviewing
many witnesses, and collected substantial evidence, including from open sources,
documents, forensics and satellite imagery.
42. The Office made particular progress with respect to crimes committed over the
period 2014–2020, and related investigations are advancing successfully towards
completion. The investigations related to detention facilities and crimes against
migrants have also been advanced significantly. The implementation of new
technologies and the new “OTPLink” portal to receive submissions from the public
have been instrumental to this progress.
43. The Prosecutor’s vision of having the Office operate as a cooperation hub has
been implemented in this situation with positive results. The Office continued to work
closely with the joint team that is investigating crimes against migrants on the central
Mediterranean route. Through this cooperation, significant contributions have been
made to investigations and prosecutions related to trafficking in persons in Italy and
the Kingdom of the Netherlands.
44. In April 2024, the Deputy Prosecutor, Nazhat Shameem Khan, conducted a
productive mission to Tripoli, setting the course for enhanced cooperation with the
Attorney General and other national actors, including civil society.
7.
Situation in Côte d’Ivoire
(a)
Investigations
45. The Office of the Prosecutor continued its efforts to secure cooperation from
national authorities, international organizations, civil society organizations and other
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relevant stakeholders to assist in accelerating the ongoing investigations into crimes
allegedly committed between December 2010 and June 2011 in the context of
post-electoral violence. The Office has been conducting regular investigative missions
and is seeking to move its activities towards the next phase of the proceedings.
(b)
Programme for the benefit of victims
46. Since 2022, the Trust Fund for Victims has been implementing a programme for
the benefit of victims in respect of the situation in Côte d’Ivoire. Over 160 affected
individuals, related to 13 identified incidents, directly benefited from rehabilitation
services in 2023. Furthermore, the Trust Fund collaborated with artists to realize
memorials in accordance with the wishes of affected communities comprising over
131,000 victims. The first stone was laid for a memorial near Abidjan in the presence
of senior Government officials; five other memorials have been built and will be
inaugurated in the upcoming reporting period.
8.
Situation in Mali
(a)
Judicial proceedings and reparations
The Prosecutor v. Ahmad Al Faqi Al Mahdi
47. The Trust Fund for Victims continued to implement the reparations ordered by
Trial Chamber VIII on 17 August 2017 for the community of Timbuktu. Implementation
of the symbolic reparations award was completed in March 2021 with ceremonies in
Bamako and Timbuktu. In June 2024, the Trust Fund completed the delivery of
individual awards in the form of financial compensation to 1,685 eligible victims of
the attacks against religious and historic buildings in June and July 2012. The Trust
Fund continues to implement the collective awards, which include the restoration of
protected buildings of cultural value; memorialization measures to address the moral
damage caused to the Timbuktu community; and the establishment of an economic
resilience facility to address the indirect economic damage caused to the community.
The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud
48. On 26 June 2024, Trial Chamber X, by majority, convicted Mr. Al Hassan of the
crimes against humanity of torture, persecution and other inhumane acts and of the
war crimes of torture, outrage upon personal dignity, mutilation, cruel treatment and
the passing of sentences without previous judgment pronounced by a regularly
constituted court, affording all judicial guarantees which are generally recognized as
indispensable. These crimes were committed between 2 April 2012 and 29 January
2013 in Timbuktu, northern Mali, in the context of control by Ansar Eddine and
Al-Qaida in Islamic Maghreb over the region.
49. The Chamber found that certain crimes of sexual violence had been committed
in Timbuktu during the relevant period, but that Mr. Al Hassan was not guilty of the
war crimes of rape and sexual slavery or of the crimes against humanity of rape,
sexual slavery and other inhumane acts in the form of forced marriage. He was also
found not guilty of the war crime of attacking protected objects.
50. Proceedings on sentencing are under way, and the conviction is subject to
appeal. The Registry has relaunched consultations with victim communities and is
collecting mapping information for the impending reparation proceedings.
The Prosecutor v. Iyad Ag Ghaly
51. On 21 June 2024, Pre-Trial Chamber I issued a public redacted version of the
warrant of arrest against Iyad Ag Ghaly, initially issued on 18 July 2017, for war
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crimes and crimes against humanity allegedly committed in northern Mali between
January 2012 and January 2013.
(b)
Investigations
52. The Office of the Prosecutor continued its activities and monitored developments
and reports of atrocity crimes on the ground. The Office has also explored additional
options to reinforce the impact of its activities, including by developing synergies
with the Malian national justice system and other partners under the framework of
complementarity.
(c)
Programme for the benefit of victims
53. Since 2022, the Trust Fund for Victims has implemented a programme that is
aimed at providing support to victims of incidents under the jurisdiction of the Court
in the areas of Mopti and Gao, complementing the reparation programme implemented
for victims in Timbuktu.
9.
Situation in Georgia
(a)
Investigations
54. The Office of the Prosecutor continued to monitor the situation as part of its
tracking activities. Following the conclusion of the investigation phase on 16 December
2022, the Office has focused its efforts on ensuring trial readiness in relation to the
existing warrants of arrest. The Office has also undertaken preservation activities
under article 56 of the Rome Statute.
(b)
Programme for the benefit of victims
55. In 2023, the Trust Fund for Victims launched a programme for the benefit of
victims in respect of the situation in Georgia; over 530 affected individuals directly
benefited from rehabilitation services during the first year.
10.
Situation in Burundi
Investigations
56. The Office of the Prosecutor continued its investigation, conducting missions to
a number of countries, despite a lack of cooperation from the Government of Burundi.
The Office received cooperation from States, United Nations entities and civil society
organizations and has been progressively advancing its investigative work.
11.
Situation in Afghanistan
Investigations
57. The Office of the Prosecutor conducted major investigative activities, including
extensive engagement with witnesses and the collection of documentary evidence,
public statements and decrees by leaders, and large volumes of open source material.
Reports of systematic discrimination and persecution are one of the Office’s
investigative priorities. Investigations are advancing progressively, thanks to
cooperation from civil society organizations, survivors, national authorities and
international organizations. The Office has integrated gender experts into the
investigation team, along with country experts, with a view to ensuring that the gender
dimension of the alleged crimes is addressed. The progress made should establish a
foundation for applications for warrants of arrest.
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12.
Situation in Bangladesh/Myanmar
Investigations
58. The Office of the Prosecutor continued its investigation with missions, the
collection and analysis of evidence, interviews with witnesses in Bangladesh,
facilitated by the rotational presence of investigators in the country, and initiatives
aimed at strengthening engagement and cooperation with partners in the region. Given
the severe trauma among victims caused both by the violent attacks in their homeland
and by subsequent protracted displacement and harsh conditions of life, the Office
has taken special care to adopt trauma-informed strategies, including careful contact
and screening of potential witnesses and specialized support from psychosocial experts.
59. The Office has engaged with Government ministries in Bangladesh, diplomats,
international organizations and non-governmental organizations regarding requests
for assistance and to inform them of developments. The significant progress made with
the investigations should establish the foundation for applications for warrants of arrest.
13.
Situation in the State of Palestine
(a)
Judicial proceedings
60. Pre-Trial Chamber I has granted leave for several amici curiae to file written
observations pursuant to rule 103 of the Court’s Rules of Procedure and Evidence.
The Registry continues to receive victim applications for participation in potential
future criminal proceedings and reparations.
(b)
Investigations
61. Following dedicated investigative efforts, including for events since 7 October
2023, the Prosecutor announced in May 2024 that he had filed applications for arrest
warrants in relation to five individuals.
62. The Office continues its investigation into the situation, covering multiple lines
of inquiry pertaining to alleged crimes committed in Gaza and the West Bank,
including East Jerusalem, since 13 June 2014. With a view to further strengthening
action, the Office continues to engage with all relevant parties and stakeholders,
including civil society, States and international and regional organizations. As in all
situations, complementarity remains an important consideration in the Office’s
overall approach.
14.
Situation in the Philippines
Investigations
63. The Office of the Prosecutor has continued its planning and investigative
activities and engagement with key stakeholders, including civil society organizations,
with a view to advancing its investigation.
15.
Situation in the Bolivarian Republic of Venezuela I
(a)
Judicial proceedings
64. On 7 and 8 November 2023, the Appeals Chamber held a hearing on the appeal
of the Bolivarian Republic of Venezuela against the Pre-Trial Chamber I decision of
27 June 2023 authorizing the resumption of the Prosecution’s investigation, pursuant
to article 18, paragraph 2 of the Rome Statute. On 1 March 2024, the Appeals Chamber
delivered a judgment confirming the decision. The Registry facilitated victims’
participation in these proceedings through a standardized victim consultation system.
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(b)
Investigations
65. After the 27 June 2023 ruling by Pre-Trial Chamber I, the Office of the
Prosecutor resumed its independent investigation while engaging in litigation before
the Appeals Chamber following the appeal lodged by the authorities of the
Government of the Bolivarian Republic of Venezuela. In this context, the Office
benefited from cooperation with various national and international stakeholders.
66. The Office also continued to engage with the Venezuelan authorities within the
framework of the two memorandums of understanding signed with the Government
in 2021 and 2023 to promote cooperation and complementarity. The Prosecutor
conducted a fourth official visit to the country in June 2024, during which he
inaugurated the in-country office for his Office and placed focus on the
implementation of the joint workplan signed with the Government in December 2023.
16.
Situation in Ukraine
(a)
Judicial proceedings
67. On 5 March 2024, Pre-Trial Chamber II issued warrants of arrest against Sergei
Ivanovich Kobylash, Lieutenant General in the Russian Armed Forces and
Commander of long-range aviation of the Aerospace Force at the relevant time, and
Viktor Nikolayevich Sokolov, admiral in the Russian Navy and Commander of the
Black Sea fleet at the relevant time. On 24 June 2024, it issued warrants of arrest
against Sergei Kuzhugetovich Shoigu, Minister of Defence of the Russian Federation
at the relevant time, and Valery Vasilyevich Gerasimov, Chief of the General Staff of
the Armed Forces of the Russian Federation and First Deputy Minister of Defence at
the relevant time. All four individuals are allegedly responsible for the war crime of
directing attacks at civilian objects, the war crime of causing excessive incidental
harm to civilians or damage to civilian objects and the crime against humanity of
inhumane acts, allegedly committed from at least 10 October 2022 until at least
9 March 2023. The Registry continues to receive victim applications.
(b)
Investigations
68. The Office of the Prosecutor continued its investigation across multiple
interconnected lines, engaging actively on the ground in Ukraine and the region. The
Office has benefited from effective cooperation with Ukraine and engaged in
cooperation and coordination efforts with a variety of domestic and international
stakeholders, including in the context of the joint investigation team established under
the auspices of the European Union Agency for Criminal Justice Cooperation. The
Office also continued to benefit from the deployment of teams of experts by States
parties under the Office’s innovative forensic rotation model.
69. The Court officially opened its country office in Ukraine in September 2023 in
the presence of the Prosecutor, thereby deepening the Office’s investigative activities
in the country and its engagement with the Office of the Prosecutor General of
Ukraine, local civil society organizations and other partners.
(c)
Programme for the benefit of victims
70. The Trust Fund for Victims has engaged with Ukrainian authorities and with the
Register of Damage Caused by the Aggression of the Russian Federation against
Ukraine to consider potential collaboration, the exchanging of experiences and
potential synergies in efforts to seek redress for victims of crimes under the
jurisdiction of the Court in respect of the situation in Ukraine.
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B. Preliminary examinations
71. The Office of the Prosecutor has been seized of preliminary examinations in
three situations: Nigeria, Bolivarian Republic of Venezuela II and Democratic
Republic of the Congo II.
72. The preliminary examination in relation to the situation in Nigeria has been
completed, and the Office engaged in next steps, including a visit by the Deputy
Prosecutor, Mame Mandiaye Niang, to Nigeria in March 2024, where he held
constructive meetings with relevant national authorities and institutions, the
diplomatic community and civil society organizations. The Office noted the country’s
determination to close the impunity gap but remains committed to moving forward
with investigations in the absence of genuine efforts by the Nigerian authorities.
73. In relation to the situation in the Bolivarian Republic of Venezuela II, the Office
worked towards finalizing its assessment of the preliminary examination and engaged
with the Government of the Bolivarian Republic of Venezuela and civil society to
that end.
74. In relation to the situation in the Democratic Republic of the Congo II, the Office
conducted an assessment of jurisdiction and admissibility, including in the context of
a technical-level mission to the country, as well as an assessment of the potential
linkage of the situation with the existing situation in the Democratic Republic of the
Congo I.
75. The Office also considered large volumes of submissions received under
article 15 of the Rome Statute and worked towards the finalization of its assessment
on a number of situations at the initial filtering stage.
C. Other activities
76. The Prosecutor visited Colombia in April 2024 in order to launch the Office’s
Policy on Cooperation and Complementarity, with the participation of officials from
the Government of Colombia, senior national experts and civil society representatives.
77. In March 2024, the Deputy Prosecutor, Mame Mandiaye Niang, visited Guinea
in the context of the implementation of the memorandum of understanding signed on
28 September 2022 in Conakry. He met with senior Government officials and
expressed satisfaction with the ongoing trial and with the country’s commitment to
bringing the alleged perpetrators to justice. During these exchanges, Guinean
authorities identified areas in which support was needed. The Deputy Prosecutor
committed to engaging with key actors and partners, such as the Team of Experts on
the Rule of Law and Sexual Violence in Conflict, relevant sections of the Court and
the Trust Fund for Victims, with a view to proposing an action plan aimed at
facilitating the exchange of expertise and knowledge transfer for the benefit of
national judicial personnel.
II. International cooperation
A. Cooperation with the United Nations
78. The Court continued to receive crucial cooperation and support from the United
Nations and its senior leadership, in line with the 2004 Relationship Agreement. The
Court principals valued the constructive bilateral meetings held throughout the
reporting period with senior United Nations officials.
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79. The Court recognizes the critical role of the Under-Secretary-General for Legal
Affairs, the United Nations Legal Counsel, as the interface between the Court and the
United Nations, in particular for the transmission and coordination of judicial
cooperation requests. The Court continued to reimburse staffing costs for two posts
in the Office of Legal Affairs, at the P-3 and P-2 levels, to handle the significant
amount of requests from the Court for assistance and cooperation. The Court’s liaison
office to the United Nations continued to facilitate cooperation between the two
organizations, represent the Court in various meetings, apprise the Court of relevant
developments at the United Nations and facilitate and support meetings between
officials of the two organizations. The liaison office also acts as a key contact point
between the Court and permanent missions to the United Nations.
80. In May 2024, the liaison office, together with the Office of Legal Affairs,
coordinated the convening of a virtual round table meeting as a forum for
International Criminal Court focal points across the United Nations system and their
counterparts from various organs of the Court and its Trust Fund for Victims. The
topics discussed included cooperation with the United Nations, including United
Nations entities with a humanitarian mandate, and modalities for the provision of
logistical support by United Nations field operations.
81. The Court highly appreciates the continued cooperation from various United
Nations entities, departments, offices and special advisers and representatives of the
Secretary-General, including those present in the field, which is essential for its
operations. The Court’s offices in the Central African Republic, Côte d’Ivoire, the
Democratic Republic of the Congo, Mali, Uganda and Ukraine played an important
role by liaising with United Nations entities in this respect. Support from United
Nations entities will also be invaluable as the Court is currently undertaking to open
offices in a number of additional countries.
82. The Registry of the Court continued to receive, with appreciation, support from
the United Nations for the deployment of Court personnel throughout the many
countries in which it operates, and there were continued requests for operational
support for several actors and participants in the proceedings (defence teams, Office
of the Prosecutor, legal representatives of victims and staff of the Trust Fund for
Victims). A total of 103 missions received support from the United Nations.
83. The Office of the Prosecutor continued to expand engagement with the Office
of the United Nations High Commissioner for Human Rights, including through
thematic exchanges and cooperation in relation to ongoing activities.
84. The Court continued to cooperate with United Nations common system
organizations by participating in inter-agency meetings on facilities management,
travel and security. The country offices and the Court’s liaison office at United
Nations Headquarters have also benefited from coordination in administrative and
management areas across the United Nations system. The Court continued to
participate in the United Nations security management system and relied on the
United Nations for services such as transportation, radio and video communication,
medical assistance, security briefings and security training on a reimbursable basis.
The Court also continued engaging with the High-level Committee on Management.
85. During the reporting period, eight of the Court’s staff members were on loan,
one was on secondment to other international organizations and one was transferred
to other organizations under the Inter-Organization Agreement concerning Transfer,
Secondment or Loan of Staff among the Organizations Applying the United Nations
Common System of Salaries and Allowances. One United Nations staff member is
currently on secondment to the Court, and the Court received one staff member on
transfer from other international organizations.
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86. The Senior Legal Adviser of the Registry and the Director of the Secretariat of
the Assembly of States Parties attended the 2024 meeting of the informal network of
the Legal Advisers of the Specialized Agencies and the Related and Other
Organizations of the United Nations System in Montreal from 27 to 30 May 2024.
87. The United Nations supported, on a reimbursable basis, the hosting of the
twenty-second session of the Assembly of States Parties to the Rome Statute at United
Nations Headquarters from 4 to 14 December 2023, as well as the hosting of the event
organized by the Assembly to commemorate the World Day for International Justice,
held at United Nations Headquarters on 17 July 2024. The exhibition entitled
“Common bonds”, which was produced by the Court in collaboration with the Trust
Fund for Victims and which includes photographs contributed by multiple United
Nations entities, has been on display at United Nations Headquarters since 16 July
2024, where it will remain until 23 August 2024. Social media content produced by
the Court, including content related to Sustainable Development Goal 16, was
amplified on United Nations social media platforms, reaching millions of people. The
Court is grateful to the United Nations for its valuable communications support.
88. The Prosecutor’s biannual briefings to the Security Council on the situations in
Darfur and Libya provided opportunities to inform the Council and United Nations
membership of progress and challenges related to his Office’s investigations and of
the importance of cooperation, including with regard to outstanding arrest warrants.
The Court is grateful for the Council’s support, which the States parties to the Rome
Statute serving on the Council play a key role in securing, under the coordination of
the Co-Chairs of the Court’s Security Council caucus, Japan and Switzerland.
B. Cooperation with and assistance from States, other international
organizations and civil society
89. States continued to provide highly valuable assistance in relation to the Court’s
investigations and prosecutions, including with respect to the identification and
recovery of assets, the provision of documents and the facilitation of missions of the
Court on their territory.
90. During the reporting period, the Registry transmitted 416 primary requests for
cooperation to States parties, other States and international and regional organizations,
which are essential to ensure the advancement of judicial proceedings. In addition,
the Registry transmitted 734 requests for visas to States, and country offices transmitted
numerous requests for cooperation to support the operations of Court personnel in
situation countries.
91. The Office of the Prosecutor continued its efforts to enhance cooperation with
partners, including by increasingly incorporating the use of technology and
intelligence-led actions. The Office transmitted 519 requests for assistance (including
175 notifications for missions), to States parties, States not parties, international and
regional organizations and other public or private entities, and followed up on the
execution of pending requests. The Office also received 36 incoming requests for
cooperation under article 93, paragraph 10 of the Rome Statute.
92. The Registry requested the assistance of States to support the investigative
activities of defence teams, including requests to be given access to documents and
to organize meetings with relevant authorities and with potential witnesses. States
were also requested to provide assistance for reparations proceedings, including by
identifying the whereabouts of victims and by supporting the activities of the Trust
Fund for Victims.
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93. As demonstrated by the list of outstanding arrest warrants in the summary of the
present report, the arrest and surrender of individuals subject to the Court’s warrants
remains a critical challenge, one that requires an intensified engagement by States.
The Registry and the Office of the Prosecutor continued to work closely together on
tracking activities and within the inter-organ working group on arrest strategies. The
Court reiterates the importance it attaches to the Secretary-General’s guidance on
contacts with persons who are the subject of arrest warrants or summonses issued by
the Court (A/67/828-S/2013/210).
94. The Court continued to encourage States to conclude cooperation agreements
regarding the relocation of witnesses under threat, the enforcement of sentences and
the interim and final release of suspects or accused. The lack of long-term solutions
to address these gaps has a critical impact on the Court’s ability to function properly.
95. The Court continued its efforts to further enhance cooperation with national,
regional and international judicial and law enforcement networks in support of its
needs and to assist national proceedings, where appropriate, in accordance with the
principle of complementarity.
96. The Court also continued to develop its interaction with regional intergovernmental
organizations, including through participation by the Deputy Prosecutor, Mame
Mandiaye Niang, in the thirty-seventh African Union Summit in February 2024.
97. The Registry continued its efforts to obtain sufficient funds for the trust fund
used for family visits for indigent detainees and for securing relevant visas. The Court
organized three family visits, in which six persons participated in total, four adults
and two children.
98. With the financial support of the European Commission and other donors, the
Court organized over 15 seminars and events in support of efforts to strengthen
cooperation, complementarity and universality, including a high-level regional
seminar in Seoul.
99. The Court greatly values the activities that civil society partners undertake to
raise awareness of the Court and promote the universal ratification and full
implementation of the Rome Statute, and it continued to participate in those activities.
From 24 to 28 June 2024, the Court held, in hybrid format, an annual round table with
non-governmental organizations.
100. The Office of the Prosecutor further intensified its engagement with civil society
organizations from situation countries, including by appointing a civil society
organization focal point and engaging in regular consultations on thematic priorities.
The Office held its most recent thematic round table event for civil society
organizations on the trauma-informed approach to investigations and prosecutions,
and it also held a dedicated session with civil society organization partners on the
development of a new structured dialogue with civil society in line with its new Policy
on Complementarity and Cooperation.
III. Institutional developments
A. Treaty matters
101. Armenia ratified the Rome Statute on 14 November 2023, becoming the 124th
State party.
102. Four States accepted or ratified the amendment to article 124 of the Rome
Statute, bringing the total number of States Parties having accepted or ratified this
amendment to 23. Six States accepted or ratified the amendment to article 8 regarding
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the use of weapons that use biological agents or toxins, bringing the total number of
States parties having accepted or ratified the amendment to 21. Six States accepted or
ratified the amendment to article 8 regarding the use of weapons designed to injure
by fragments undetectable by X-rays, bringing the total number of States parties
having accepted or ratified the amendment to 19. Six States accepted or ratified the
amendment to article 8 regarding the use of blinding laser weapons, bringing the total
number of States parties having accepted or ratified the amendment to 19. Five States
accepted or ratified the amendment to article 8 on intentionally using the starvation
of civilians, bringing the total number of States parties having accepted or ratified the
amendment to 17.
103. The Court continued efforts to attract all States not among the 124 parties to the
Rome Statute to join the treaty as soon as possible.
B. Elections
104. At its twenty-second session, the Assembly of States Parties elected Keebong
Paek, Erdenebalsuren Damdin, Iulia Motoc, Haykel Ben Mahfoudh, Nicolas Guillou
and Beti Hohler as judges of the Court, each for a nine-year term beginning on
11 March 2024. The Assembly also elected, by acclamation, Päivi Kaukoranta as its
President for its twenty-third to twenty-fifth sessions.
105. On 11 March 2024, the Court’s judges elected Tomoko Akane as President of
the Court for a three-year term, with immediate effect. Rosario Aitala and Reine
Alapini-Gansou were elected First Vice-President and Second Vice-President,
respectively.
C. Trust Fund for Victims
106. As of July 2024, the Trust Fund for Victims had received voluntary contributions
from 52 States Members of the United Nations. In 2023, it received over €5.3 million
from 28 Member States, which represents an increase of 40 per cent of the income
received from voluntary contributions each year.
107. As detailed in section II above, the Trust Fund continued to implement Court-
ordered reparations and other programmes for the benefit of victims. Around 24,000
individuals directly benefited from these programmes in 2023, an increase of around
53 per cent compared with 2022. In all, 69 per cent of the beneficiaries were women.
108. The Board of Directors of the Trust Fund calls upon States, individuals and
entities to make voluntary contributions for the benefit of victims and their families.
D. Policy initiatives
109. In December 2023, the Office of the Prosecutor issued its Policy on Children
and its Policy on Gender-based Crimes. Work is ongoing in relation to the
promulgation of policies on crimes of slavery and on environmental crimes.
110. On 25 April 2024, the Office of the Prosecutor launched its Policy on
Complementarity and Cooperation through field-based events led by the Prosecutor
and the Deputy Prosecutors. The policy contains a fundamentally renewed approach
to the principles at the heart of the Rome Statute, bringing the Office’s work closer to
affected communities and deepening its partnerships with States, civil society and
regional and international organizations. The Office’s commitment to bringing justice
services closer to the affected communities is underlined, with a simultaneous focus
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on delivering on the core investigative mandate of the Office and on increasing its
ability to support the efforts of other criminal jurisdictions and accountability actors.
E. Security of the Court
111. The Court’s security posture has undergone a transformative shift because of its
recent work in various situations, including most prominently those of Ukraine and
the State of Palestine.
112. Security of the Court and its officials was one of the highest priorities of the
Court’s leadership during the reporting period in the light of the increasing external
threats against the institution, in addition to pre-existing attacks, such as the arrest
warrants issued by the Russian Federation against several judges and the Prosecutor
of the Court on account of their performance of their independent mandates as elected
officials of a multilateral judicial institution.
113. On 15 September 2023, the Court detected a cybersecurity incident potentially
affecting its systems and data, which was soon confirmed to be a serious and
unprecedented cyberattack exhibiting high levels of sophistication, focus, resources
and persistence. As a response, the Court commissioned the services of a reputable
commercial vendor to develop a blueprint for its future information technology
architecture. Implementation of the blueprint is under way, with a series of projects
to be carried out in the next two years aimed at better protecting the Court’s
information, personnel and operations in response to a heightened threat environment.
The Registrar also established a special fund for security to provide urgent additional
resources for the implementation of high-level priorities set out in the blueprint.
IV. Conclusion
114. The Court continued to have an extremely high workload in relation to pretrial,
trial and appeal proceedings, reparations for victims and the preliminary examinations
and investigations conducted by the Office of the Prosecutor on four continents, with
a combined total of over 16,000 victims participating in judicial proceedings.
115. Notable developments during the reporting period included the following: one
accused person was convicted, and three other trials continued in the courtrooms; a
judicially ordered reparations programme was completed for the first time; the Court
issued its largest ever reparation order for the benefit of victims; four new arrest
warrants were issued, and one was unsealed; the Prosecutor announced that he had
applied for a number of other arrest warrants; and the investigation phase was
concluded in respect of two situations. In addition to the developments described in
the present report, an increasing amount of confidential activity took place before the
Court’s pretrial chambers.
116. The Court recognizes with gratitude the many forms of invaluable assistance
provided by the United Nations system during the reporting period and is equally
appreciative of the cooperation of States with its ongoing investigative, prosecutorial
and judicial activities.
117. While making unprecedented progress in enforcing international law and
advancing the global fight against impunity, the Court and its officials are being
increasingly subjected to attacks and threats from external actors. The Court’s
leadership is gravely concerned about this worrisome trend and calls upon States and
the international community at large to redouble their commitment to the Court and
its independence so as to enable it to carry out its mandate of justice effectively.Plain-text mathematical notation (without MathML)
United Nations A/78/322 General Assembly Distr.: General 21 August 2023 Original: English 23-16116 (E) 050923 *2316116* Seventy-eighth session Item 76 of the provisional agenda* Report of the International Criminal Court Report of the International Criminal Court Note by the Secretary-General The annual report of the International Criminal Court on its activities for 2022/23 is submitted herewith to the General Assembly in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court and paragraph 31 of General Assembly resolution 77/6. * A/78/150. A/78/322 23-16116 2/19 Report of the International Criminal Court on its activities in 2022/23 Summary The present annual report provides an update on the activities of the International Criminal Court during one of its most active periods since its establishment. Drawing on new tools and approaches, the Court has sought to effectively address the exceptionally high workload it faces across situations in the form of investigations, pretrial proceedings, trials and appeals, as well as reparations programmes for victims. Among the notable developments during the reporting period was the confirmation by the Appeals Chamber of the conviction and 25-year sentence of Dominic Ongwen for crimes against humanity and war crimes committed in northern Uganda between 1 July 2002 and 31 December 2005. The case is now at the victims’ reparation stage. With regard to the situation in Mali, the presentation of evidence in the trial of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud concluded and the Trial Chamber is deliberating on the verdict. With regard to the situation in Darfur, the trial of Ali Muhammad Ali Abd-Al- Rahman on charges of war crimes and crimes against humanity continued. This is the first trial to take place before the Court on the basis of a referral by the Security Council. With regard to the situation in the Central African Republic II, the trial of Alfred Yekatom and Patrice-Edouard Ngaïsonna and the trial of Mahamat Said Abdel Kani continued. In addition, the confirmation of charges hearing in the case of Maxime Jeoffroy Eli Mokom Gawaka is scheduled for 22 August 2023. With regard to the situation in Ukraine, arrest warrants were issued for Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova for the alleged war crimes of unlawful deportation and unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation. The Prosecutor resumed his investigations into the situations in Afghanistan, the Bolivarian Republic of Venezuela and the Philippines, following judicial decisions on the admissibility challenges presented by the States concerned. With regard to the situation in Georgia and the situation in the Central African Republic II, the Prosecutor announced the conclusion of the investigation phase. During the reporting period, the Office of the Prosecutor also continued its work with respect to the other situations that fall within its mandate. Reparations to victims continued to feature prominently in the Court’s work, with the Trust Fund for Victims implementing reparation orders in four cases. The Trust Fund is also implementing other programmes for the benefit of victims in respect of the situations in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Georgia, Kenya, Mali and Uganda, directly benefiting close to 17,000 individuals. The Court remains strongly committed to the principle of continuous improvement, including in the context of the review process initiated by the Assembly of States Parties in 2019 to strengthen the Court and as reflected in the strategic plans for 2023–2025 of the Court, the Office of the Prosecutor, the Registry and the Trust Fund for Victims, and the Strategy on Gender Equality and Workplace Culture A/78/322 3/19 23-16116 launched in December 2022, as well as other documents, such as the new Policy on the Crime of Gender Persecution of the Office of the Prosecutor. The Court is grateful for the support of the United Nations across its activities. It continued to receive highly valuable cooperation from the United Nations on a wide range of issues, notably operational assistance in the field, on a cost-reimbursable basis. The cooperation, assistance and support of States remained equally essential to the Court’s operations, particularly at a time when a number of the Court’s elected officials are facing unacceptable threats for carrying out their mandate. Court-issued public arrest warrants are outstanding against 16 individuals: (a) Democratic Republic of the Congo: Sylvestre Mudacumura, since 2012; a (b) Uganda: Joseph Kony and Vincent Otti, since 2005; (c) Central African Republic: Mahamah Nouradine Adam, since 2019; (d) Darfur: Ahmad Harun, since 2007; Omar Al-Bashir, since 2009 and 2010; Abdel Raheem Muhammad Hussein, since 2012; and Abdallah Banda, since 2014; (e) Kenya: Walter Barasa, since 2013; and Philip Kipkoech Bett, since 2015; (f) Libya: Saif Al-Islam Gaddafi, since 2011; (g) Georgia: Mikhail Mayramovich Mindzaev, Gamlet Guchmazov and David Georgiyevich Sanakoev, since 2022; (h) Ukraine: Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova- Belova, since 2023. The Court calls on States Parties and others to provide the necessary cooperation and assistance for their arrest and surrender to the Court. a The Office of the Prosecutor is in the process of verifying the reported death of Sylvestre Mudacumura (in 2019). A/78/322 23-16116 4/19 Introduction 1. The present report, which covers the period from 1 August 2022 to 31 July 2023, is submitted in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court (see A/58/874 and A/58/874/ Add.1).1 I. Update on judicial and prosecutorial activities A. Situations and cases 2. During the reporting period, the Chambers issued 534 written decisions, in addition to oral and email decisions. Some 227 hearings were held. 3. A combined total of over 15,000 victims participated in cases before the Court during the reporting period. The Court received more than 8,900 new victim application forms, including 1,083 in the Al Mahdi case (reparations), 1,320 in the Abd-Al-Rahman case, over 2,000 for the situation in Ukraine and approximately 600 in the cases related to the situation in the Central African Republic II. A total of 2,341 representation forms were received with regard to the situations in the Bolivarian Republic of Venezuela and the Philippines for processes initiated pursuant to article 18 of the Rome Statute of the International Criminal Court. The Court received follow-up information for a total of 1,300 existing applications. 1. Situation in the Democratic Republic of the Congo (a) Judicial proceedings and reparations The Prosecutor v. Thomas Lubanga Dyilo 4. Trial Chamber II remained seized of the implementation plans for symbolic collective reparations and collective service-based reparations and continued to receive progress reports from the Trust Fund for Victims pursuant to the Chamber ’s decisions of 21 October 2016, 6 April 2017 and 7 February 2019. 5. To date, 2,462 child soldiers and their families and other indirect victims have been deemed eligible for a reparations award; 872 beneficiaries are currently benefiting from service-based reparations in the form of medical treatment, psychological rehabilitation and socioeconomic support. 6. As part of the symbolic reparations award, the Trust Fund for Victims launched the construction of a building that will be used by community members for collective activities. To date, the Trust Fund has complemented around 75 per cent of the total liability of Mr. Lubanga for reparations to victims, but there is a funding gap of about $2.5 million. The Prosecutor v. Germain Katanga 7. Trial Chamber II remained seized of the implementation of its reparations order issued on 24 March 2017, wherein individual and collective reparations were granted to 297 victims of the attack on the village of Bogoro, Ituri Province. Individual reparations have been fully implemented and the implementation of collective reparations is almost complete. A ceremony to mark the end of the implementation of the reparations is planned by the Trust Fund for Victims. __________________ 1 More information on the Court’s activities can be found on its website, www.icc-cpi.int. A/78/322 5/19 23-16116 The Prosecutor v. Bosco Ntaganda 8. Trial Chamber II remained seized of the implementation of the reparations order issued on 8 March 2021. In light of its finding as to the joint liability in solidum of Mr. Ntaganda and co-perpetrators, the Chamber adopted, for the purposes of reparations in the Ntaganda case, the reparation programmes ordered in the Lubanga case, in relation to the overlapping victims and harm in both cases. 9. On 12 September 2022, the Appeals Chamber delivered its judgment on the appeals by Mr. Ntaganda and one of the legal representatives of victims against the reparations order of Trial Chamber II of 8 March 2021, partially reversing the order and remanding the matter to Trial Chamber II. 10. On 14 July 2023, Trial Chamber II delivered an addendum to the reparations order, which included, inter alia, the estimation of the approximate number of direct and indirect victims of crimes against child soldiers (3,000), the estimation of the approximate number of direct and indirect victims of the attacks (7,500), and an assessment of Mr. Ntaganda’s liability for reparations of $31,300,000. The Chamber will next rule on the draft implementation plan of the Trust Fund for Victims for the reparations awarded in this case. 11. In 2022 the Trust Fund for Victims began providing reparations to 29 former child soldiers and 45 victims of the attacks identified as priority victims. Following Trial Chamber II’s issuance of the addendum to the reparations order, preparations are under way for the Trust Fund to mobilize resources and prepare for the implementation of this large reparations programme. (b) Investigations 12. In June 2023, the Prosecutor visited the Democratic Republic of the Congo, meeting with high-level officials, survivors, affected communities and civil society organizations. He signed a memorandum of understanding with the President of the Democratic Republic of the Congo on 1 June 2023, which set a new framework for cooperation and complementarity. Following this visit, the Office of the Prosecutor deepened its engagement with authorities in the country and other stakeholders to encourage national proceedings to address serious crimes. 13. On 18 May 2023, the Government of the Democratic Republic of the Congo submitted a second referral to the Prosecutor, relating to alleged crimes under the Rome Statute committed in North Kivu Province from 1 January 2022. The Office will conduct its preliminary examination and determine whether a new investigation should be opened. 2. Situation in Uganda Judicial proceedings The Prosecutor v. Dominic Ongwen 14. On 15 December 2022, the Appeals Chamber delivered two final judgments in open court, the first confirming Trial Chamber IX’s conviction decision of 4 February 2021 and the second confirming, by majority, Trial Chamber IX’s sentencing decision of 6 May 2021, which imposed a sentence of 25 years of imprisonment on Mr. Ongwen. 15. On 16 December 2022, Trial Chamber IX issued a decision instructing the Registry to extract from the universe of 4,096 victims a random but representative sample constituted of 205 victims, to proceed in a similar fashion as Trial Chamber II had in the Ntaganda case at the reparations stage. On 9 January 2023, the Registry A/78/322 23-16116 6/19 submitted the sample, which was subsequently approved by Trial Chamber IX as sufficiently representative of the universe of potential victims. The Prosecutor v. Joseph Kony and Vincent Otti 16. On 24 November 2022, the Prosecutor requested Pre-Trial Chamber II to hold a hearing on the confirmation of charges against Mr. Kony (for whom a warrant of arrest was issued in 2005) in his absence, pursuant to article 61, paragraph 2 (b), of the Rome Statute. On 30 March 2023, the Office of Public Counsel for Victims and the Office of Public Counsel for the Defence submitted observations. 17. On 1 December 2022, Pre-Trial Chamber II rejected the Prosecution’s request to terminate the proceedings against Mr. Otti on account of his death, on grounds that his alleged killing had not been established. 3. Situation in the Central African Republic I and situation in the Central African Republic II (a) Judicial proceedings The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona 18. The Prosecution’s presentation of evidence, which commenced on 15 March 2021, continued. To date, the Chamber has heard the testimony of 72 out of a total of an anticipated 79 witnesses called by the Prosecution. On 29 May 2023, the Chamber directed the Defence to indicate by 25 August 2023 whether it intended to present evidence. If the Defence responds in the affirmative, it is to call its first witness on 11 December 2023. The Prosecutor v. Mahamat Said Abdel Kani 19. The Prosecution’s presentation of evidence commenced on 26 September 2022. The Prosecution is expected to call 58 witnesses to testify and was authorized to introduce into evidence the prior recorded testimony of 24 witnesses, pursuant to rule 68, paragraph 2, of the Court’s Rules of Procedure and Evidence. As at the end of the reporting period, the Prosecution had called 16 witnesses. 20. Since February 2023 there have been no trial hearings owing to Mr. Said’s medical condition. Trial Chamber VI is monitoring the situation and will resume the trial whenever possible. The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka 21. Proceedings for the confirmation of the charges have been ongoing since Mr Mokom’s surrender on 14 March 2022. On 19 December 2022, the Appeals Chamber confirmed, by majority, Pre-Trial Chamber II’s decision to remove Mr. Mokom’s counsel of choice owing to an impediment to representation or a conflict of interest. 22. On 3 February 2023, following the appointment of permanent counsel for Mr. Mokom, Pre-Trial Chamber II postponed the commencement of the confirmation of charges hearing, which was initially scheduled to commence on 31 January 2023, to 22 August 2023. 23. Between September 2022 and June 2023, the Chamber held two status conferences and issued a large number of decisions on procedural matters, addressing in particular victims’ representation and participation, disclosure and related issues. On 9 March 2023, the Prosecution submitted the document containing the charges. A/78/322 7/19 23-16116 24. On 8 March 2023, Pre-Trial Chamber II rejected Mr. Mokom’s request for interim release, in the absence of a State willing to accept him and to implement any conditions suitable to mitigate any risk of flight. On 19 April 2023, Pre-Trial Chamber II ordered the Registry to assist the Defence in identifying such a State. (b) Investigations 25. On 16 December 2022, the Prosecutor announced the conclusion of the investigation phase in the situation in the Central African Republic II. The Office of the Prosecutor is not pursuing new lines of inquiry into the alleged criminal responsibility of other persons or in relation to other conduct in the situation beyond the cases before the Court. The Office continued to cooperate with the authorities of the Central African Republic, share information with the Special Criminal Court in Bangui and engage on matters of common interest aimed at closing the impunity gap. 4. Situation in Darfur (a) Judicial proceedings The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) 26. The trial of Mr. Abd-Al-Rahman, which commenced on 5 April 2022, continued in 2022. The Prosecution concluded its presentation of evidence, in which 56 witnesses were heard and written statements of an additional 25 witnesses and more than 1,200 items of evidence were submitted. On 19 April 2023, Trial Chamber I rejected the Defence’s request for a motion of acquittal. From 5 to 7 June the victims’ legal representatives made their opening statements and called witnesses and victims, who appeared in court. On 7 July, the Chamber granted a second Defence request for postponement of the commencement of its case, which is now scheduled to start on 16 October 2023. 27. On 28 June 2023, the Appeals Chamber, by majority, confirmed Trial Chamber I’s decision of 17 February 2023 recognizing the admission of a video of Mr. Abd-Al- Rahman into evidence. 28. On 17 July 2023, the Appeals Chamber, by majority, dismissed the Defence’s request for reconsideration of the Appeals Chamber’s judgment of 1 November 2021 confirming Pre-Trial Chamber II’s decision of 17 May 2021 that rejected the Defence’s jurisdictional challenge of 15 March 2021. (b) Investigations 29. In addition to its prosecution case in the trial of Mr. Abd-Al-Rahman, the Office of the Prosecutor continued to advance investigations in relation to suspects at large, despite very limited cooperation from the Sudanese authorities. The outbreak of fighting across the Sudan, including Darfur, continues to pose additional challenges to the Office’s investigations. 30. On 26 January and 13 July 2023, pursuant to Security Council resolution 1593 (2005), the Prosecutor briefed the Security Council on the situation in Darfur, detailing the progress in the case of Mr. Abd-Al-Rahman, addressing the armed hostilities that have prevailed in the Sudan since April 2023 and outlining the significant challenges his Office has encountered in receiving cooperation from the Government of the Sudan. In his briefing in July 2023, the Prosecutor confirmed that he had commenced investigations in relation to incidents occurring in the context of the present hostilities, in accordance with the mandate of his Office pursuant to resolution 1593 (2005). A/78/322 23-16116 8/19 5. Situation in Kenya Judicial proceedings The Prosecutor v. Paul Gicheru 31. On 14 October 2022, Trial Chamber III terminated the proceedings against Mr. Gicheru following the confirmation of his passing. 6. Situation in Libya (a) Judicial proceedings 32. On 7 September 2022, Pre-Trial Chamber I terminated proceedings against Mr. Al-Tuhamy Mohamed Khaled following the Prosecution’s submission of the notification of the death of Mr. Al-Tuhamy and request to withdraw the arrest warrant, dated 2 August 2022, to which it annexed a copy of a death certificate issued by the Libyan authorities. (b) Investigations 33. The Office of the Prosecutor continued to implement its investigative strategy across multiple lines based on its assessment of progress achieved in the investigation as well as continued challenges. The Office undertook missions to Libya and other countries while strengthening cooperation and engagement with States, international organizations and civil society organizations. On 7 September 2022, the Office became a formal member of the joint team supporting investigations into crimes against migrants and refugees in Libya. In October 2022, two key suspects were arrested and extradited to partner countries of the joint team as part of an operation supported by the Office. 34. On 9 November 2022 and 11 May 2023, pursuant to Security Council resolution 1970 (2011), the Prosecutor briefed the Council on the situation in Libya, detailing the progress made as a result of his Office’s renewed approach to the situation. The Prosecutor’s briefing of 9 November marked the first time he presented to the Council from Libya. The briefing was conducted virtually while the Prosecutor was on an official visit to various parts of the country with the aim of strengthening engagement both with Libyan authorities and victims’ groups. 7. Situation in Côte d’Ivoire Investigations 35. The Office of the Prosecutor continued its efforts to secure cooperation from national authorities and other stakeholders to assist in accelerating the ongoing investigations into crimes allegedly committed between December 2010 and June 2011 in the context of post-electoral violence. 8. Situation in Mali (a) Judicial proceedings and reparations The Prosecutor v. Ahmad Al Faqi Al Mahdi 36. Trial Chamber VIII remained seized of the implementation of its reparations order issued on 17 August 2017, wherein individual, collective and symbolic reparations for the community of Timbuktu were granted. 37. The Trust Fund for Victims provided individual awards in the form of compensation to 1,450 victims of the attacks against religious and historic buildings carried out in June and July 2012. In 2022, together with the United Nations A/78/322 9/19 23-16116 Educational, Scientific and Cultural Organization, the Trust Fund launched the implementation of collective awards for the restoration of cultural heritage in Timbuktu. The awards provide for commemorations that address the moral harm caused to the community and the building of a facility for socioeconomic activities to address the damage caused to the economy as a result of the destruction of its cultural heritage. The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud 38. The Defence’s presentation of evidence concluded on 6 February 2023 and Trial Chamber X subsequently declared the submission of evidence closed. In total, the Chamber heard the in-court testimony of 76 witnesses and received the evidence of 31 witnesses, pursuant to rule 68, paragraph 2, of the Court’s Rules of Procedure and Evidence. Closing statements were delivered from 23 to 25 May 2023. The Chamber is deliberating on its judgment. (b) Investigations 39. The Office of the Prosecutor continued its activities related to this situation, including those concerning the Al Hassan case, and monitored developments and incidents on the ground, including reports of atrocity crimes. The Office has been seeking to explore further options to reinforce the impact of its activities with respect to the situation in Mali, including by developing synergies with the Malian national justice system and other partners within the framework of complementarity. 9. Situation in Georgia Investigations 40. On 16 December 2022, the Prosecutor announced the conclusion of the investigation phase of the situation in Georgia. The Office of the Prosecutor will not pursue new lines of inquiry into the alleged criminal responsibility of other persons or in relation to other conduct in the situation beyond the case pending before the Court. The Office focused its efforts on ensuring trial readiness in relation to the existing warrants and on preserving witness evidence, including in accordance with article 56 of the Rome Statute. The Office is also monitoring developments in the context of suspect tracking. 10. Situation in Burundi Investigations 41. The Office of the Prosecutor continued its investigation, conducting missions to a number of countries. The investigation advanced steadily following the Office’s comprehensive analysis of the evidence collected since the start of the investigation and benefited from the cooperation of States, United Nations entities and non-governmental organizations. 11. Situation in Afghanistan (a) Judicial proceedings 42. On 31 October 2022, Pre-Trial Chamber II authorized the Prosecution to resume its investigation into the situation in Afghanistan, pursuant to article 18, paragraph 2, of the Rome Statute. The Chamber found, inter alia, that the information presented did not show that Afghanistan had investigated or was investigating the alleged crimes in a manner that would cover the full scope of the Prosecution’s intended investigation and that would justify even a partial deferral. A/78/322 23-16116 10/19 43. On 4 April 2023, the Appeals Chamber issued a judgment amending Pre-Trial Chamber II’s decision of 31 October 2022 in order to align it with the scope of the Prosecutor’s investigation in relation to alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan and are sufficiently linked to the situation and were committed on the territory of other States Parties in the period since 1 July 2002, as previously determined by the Appeals Chamber in its judgment of 5 March 2020. (b) Investigations 44. Following the authorization granted by the Pre-Trial Chamber in October 2022, the Office of the Prosecutor resumed investigative activities, with a focus on identifying and interviewing witnesses, collecting relevant documentary evidence, identifying and analysing representative incidents and further refining the case hypotheses. The Office has further worked to galvanize cooperation from States, international organizations and civil society organizations. 12. Situation in Bangladesh/Myanmar Investigations 45. The Office of the Prosecutor continued its investigation, conducting regular missions, collecting and analysing evidence and carrying out initiatives aimed at strengthening engagement and cooperation with partners in the region. The investigation into this situation included the conduct of interviews with witnesses in Bangladesh, drawing on the almost permanent presence of investigators in the country. The Office engaged with government ministries in Bangladesh, diplomats, United Nations entities and non-governmental organizations to request assistance and inform them of developments. The Prosecutor conducted an official visit to Bangladesh from 3 to 7 July 2023, meeting with civil society and survivors from the Rohingya community in Cox’s Bazar and with high-level officials in Dhaka. 13. Situation in the State of Palestine Investigations 46. The Office of the Prosecutor continued its investigation in line with its independent mandate and in a manner that ensured the preservation of the integrity of the process and the safety and security of all of those involved. The investigation encompasses conduct that might amount to crimes under the Rome Statute committed since 13 June 2014 in Gaza and the West Bank, including East Jerusalem. The Office continued to collect, preserve and analyse information, communications and evidence from key stakeholders, including civil society organizations and various national and international sources. 14. Situation in the Philippines (a) Judicial proceedings 47. On 26 January 2023, Pre-Trial Chamber I authorized the Prosecution to resume its investigation, pursuant to article 18, paragraph 2 of the Rome Statute. The Chamber determined that the domestic initiatives and procedures relied on by the Philippines did not amount to tangible, concrete and progressive investigative steps carried out with a view to conducting criminal proceedings, in a way that would sufficiently mirror the Court’s investigation as authorized by the Chamber in its decision of 15 September 2021 under article 15 of the Rome Statute. A/78/322 11/19 23-16116 48. On 21 March 2023, the Appeals Chamber issued a decision on the involvement of victims in the appeal by the Philippines against Pre-Trial Chamber I’s decision of 26 January 2023, and on a request by the Office of Public Counsel for Victims. On 27 March 2023, the Appeals Chamber rejected the request of the Philippines for suspensive effect. 49. On 18 July 2023, the Appeals Chamber confirmed, by majority, Pre-Trial Chamber I’s decision of 26 January 2023. (b) Investigations 50. Following the decision of Pre-Trial Chamber I of 26 January 2023, the Office of the Prosecutor resumed its planning and investigative activities, while at the same time engaging in litigation before the Chamber following the appeal lodged by the authorities of the Philippines. 15. Situation in the Bolivarian Republic of Venezuela I (a) Judicial proceedings 51. On 27 June 2023, Pre-Trial Chamber I authorized the Prosecution to resume its investigation into the situation in the Bolivarian Republic of Venezuela I, pursuant to article 18, paragraph 2, of the Rome Statute. The Chamber determined that, while the State was taking some investigative steps, its criminal proceedings did not sufficiently mirror the scope of the Prosecution’s intended investigation as they did not cover the factual allegations underlying the contextual elements of crimes against humanity, and its domestic investigations appeared limited and generally focused on direct and low-level perpetrators and did not sufficiently address the forms of criminality the Prosecution intended to investigate. 52. On 12 July 2023, the Appeals Chamber, in the appeal of the Bolivarian Republic of Venezuela against Pre-Trial Chamber I’s decision of 27 June 2023, extended the deadline for the filing of the appeal brief to 14 August 2023. (b) Investigations 53. The Office of the Prosecutor continued to engage with the Venezuelan authorities within the framework of the memorandum of understanding signed by the Office and the Government of the Bolivarian Republic of Venezuela in November 2021 to promote cooperation and complementarity. In June 2023 the Prosecutor conducted a third official visit to the country where he signed a second memorandum of understanding establishing, among others, the legal and operational framework for the establishment of an in-country office for his Office. 54. Following the 27 June 2023 ruling by Pre-Trial Chamber I, the Office of the Prosecutor resumed its planning and investigative activities while remaining committed to the terms and spirit of the above-mentioned memorandums of understanding. 16. Situation in Ukraine (a) Judicial proceedings 55. On 17 March 2023, Pre-Trial Chamber II issued warrants of arrest against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova for the alleged war crimes of unlawful deportation and the unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation, under article 8, paragraph 2 (a) (vii), and article 8, paragraph 2 (b) (viii), of the Rome Statute. The crimes were allegedly committed in Ukrainian occupied territory from at least 24 February 2022. A/78/322 23-16116 12/19 (b) Investigations 56. The Office of the Prosecutor continued its investigation during the reporting period, engaging actively and maintaining a near constant presence on the ground in Ukraine and the region. The Office engaged in cooperation and coordination efforts with a variety of domestic and international stakeholders, including States parties, notably in the context of the joint investigation team established under the auspices of the European Union Agency for Criminal Justice Cooperation, and international and regional organizations. Following the issuance of the two arrest warrants by the Court, the Office continued to develop multiple, interconnected lines of investigation, building on the cooperation with the Ukrainian Prosecutor-General’s office and other domestic authorities. The Registry and the Office of the Prosecutor worked with Ukrainian authorities to establish a country office of the Court in Ukraine on the basis of an agreement signed between the Court and Ukraine on 23 March 2023. B. Preliminary examinations 57. As at the end of the reporting period, the Office of the Prosecutor was seized of three preliminary examinations, in relation to the following situations: Nigeria, Venezuela (Bolivarian Republic of) II and Democratic Republic of the Congo II. The preliminary examination of the situation in Nigeria was completed and the Office engaged with domestic authorities on the next immediate steps to be taken. The preliminary examination of the situation in the Bolivarian Republic of Venezuela II was at the advanced stage of analysis. In relation to the situation in the Democratic Republic of the Congo II, the Office will conduct a preliminary examination in order to assess, as a preliminary matter, whether the scope of the situation is sufficiently linked to the scope of the existing situation in the Democratic Republic of the Congo to constitute a single situation. 58. The Office continued to review its policy on preliminary examinations and make efforts to optimize its internal processes and enhance synergies between preliminary examinations and investigations, which are now fully integrated, in accordance with the Office’s organizational structure. C. Other situations 59. In June 2023 the Prosecutor conducted a second official visit to Colombia, to receive firsthand information on the authorities’ ongoing accountability efforts and to continue efforts to ensure the effective implementation of the cooperation agreement signed by the Office of the Prosecutor and the Government of Colombia in November 2021. To this end, an action plan was signed between the Office of the Prosecutor and the Government of Colombia to facilitate enhanced implementation of the cooperation agreement and of a complementary workplan with the Special Jurisdiction for Peace, which will facilitate, inter alia, the provision of support in the near term with respect to the investigation and prosecution of sexual and gender-based crimes. 60. In relation to Guinea, the Prosecutor undertook a visit to Conakry at the end of September 2022, continuing the extensive and constructive engagement of his Office with the Guinean authorities. On the occasion of the visit and the opening of the domestic trial related to the events of 28 September 2009 in Conakry, the Prosecutor and the President of the Transition signed a memorandum of understanding aimed at furthering the principle of complementarity and strengthening future cooperation in pursuit of justice. On that basis, the Prosecutor decided to close the preliminary examination in Guinea. During the reporting period, the Office of the Prosecutor A/78/322 13/19 23-16116 continued to engage with the national authorities and relevant stakeholders in the context of the implementation of the memorandum of understanding. II. International cooperation A. Cooperation with the United Nations 1. General cooperation with United Nations Headquarters and entities present in the field 61. The Court continued to receive crucial cooperation and support from the United Nations and its senior leadership, in line with the 2004 Relationship Agreement. 62. The Court principals valued the constructive bilateral meetings held throughout the reporting period with United Nations officials, including the Under-Secretary- General for Legal Affairs and United Nations Legal Counsel, the Under-Secretary- General for Political and Peacebuilding Affairs, the Under-Secretary-General for Safety and Security, the Under-Secretary-General for Management Strategy, Policy and Compliance, the United Nations High Commissioner for Human Rights and several special advisers and special representatives of the Secretary-General. The meetings were aimed at reinforcing and clarifying existing parameters for cooperation and initiating discussions on new domains of cooperation. 63. The Court recognizes the critical role of the Under-Secretary-General for Legal Affairs as the interface between the Court and the United Nations, in particular for the transmission and coordination of judicial cooperation requests. The Court continued to provide funding to the United Nations for a post in the Office of Legal Affairs, at the P-3 level, to handle requests for assistance and cooperation from the Court while ensuring full respect for the independent mandates of the Court and the United Nations. The Court also continued to reimburse the staffing costs associated with a post at the P-2 level in order to support the significantly increased workload arising from the Court’s requests. 64. The Court’s liaison office to the United Nations continued to promote and facilitate cooperation between the two organizations, represent the Court in various meetings, apprise the Court of relevant developments at the United Nations and facilitate and support meetings between officials of the two organizations. The liaison office also continued to act as a key contact point between the Court and permanent missions to the United Nations, especially of those countries without representation in The Hague. 65. The Court continued to benefit from the cooperation of various United Nations system entities, departments and offices, and special advisers and representatives of the Secretary-General, including those present in the field, in accordance with their mandate and with the agreement of host States. The Court highly appreciates such cooperation, which is essential to its operations. The Court’s offices in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Georgia, Mali and Uganda played an important role by liaising with United Nations entities in this respect. This support will also be invaluable as the Court is currently undertaking to open offices in a number of new countries. In this context, an important development took place on 7 October 2022, when the Court and the United Nations Development Programme (UNDP) signed a framework agreement for the provision of support services, which facilitates the provision of operational support from UNDP to the Court, including UNDP country offices in geographical areas of relevance. 66. The Registry of the Court continued to receive, with appreciation, support from the United Nations for the deployment of Court personnel throughout the many A/78/322 23-16116 14/19 countries in which it operates. In this context, 2023 saw continued requests for operational support relating to situations in various geographical locations (namely, Bangladesh, Colombia, the Central African Republic, Chad, the Democratic Republic of the Congo, Libya, Mali and the Sudan) and for support for several actors and participants in the proceedings (Defence teams, Office of the Prosecutor, legal representatives of victims and staff of the Trust Fund for Victims). A total of 70 missions received support from the United Nations. The Court is looking into alternative ways to support its operations in Mali in light of the termination of the mandate of the United Nations Multidimensional Integrated Stabilization Mission in Mali. 67. The Court continued to cooperate with United Nations common system organizations by participating in inter-agency meetings on facilities management, travel and security. The country offices and the Court’s liaison office at the United Nations in New York also benefited from coordination in administrative and management areas across the United Nations system. As a participant in the United Nations security management system, the Court relied on the United Nations for services such as transportation, radio and video communication, medical assistance, security briefings, and security training on a reimbursable basis. The Court also continued engaging with the High-Level Committee on Management. 68. Since 2019, the Court has been a participating organization in the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations Applying the United Nations Common System of Salaries and Allowances. During the reporting period, four of the Court’s staff members were on loan and five were on secondment to other international organizations, and six transferred to other organizations under the Agreement. One United Nations staff member is currently on loan and another is on secondment to the Court. The Court also received six staff members on transfer from other international organizations. 69. The Senior Legal Adviser of the Registry and the Director of the Secretariat of the Assembly of States Parties attended a meeting of the United Nations Legal Advisers Network in Rome from 15 to 17 May 2023. 2. Mainstreaming the International Criminal Court in the United Nations system 70. The Court greatly appreciates the support for its activities expressed in resolutions, declarations and other documents adopted by the General Assembly, the Security Council and other United Nations organs, committees and commissions. The Court also values opportunities for its senior officials to participate in United Nations meetings on themes and situations of relevance to its mandate. 71. National jurisdictions have the primary responsibility to investigate and prosecute crimes under the Rome Statute. With that in mind, the Court encourages the inclusion of capacity-building elements in legal and judicial reform programmes supported by the United Nations as part of its rule of law development assistance, such as by incorporating into national law the crimes and principles of the Rome Statute, establishing or enhancing national processes for cooperation with the Court and training legal professionals on the investigation and prosecution of international crimes, in particular as part of the mandate to support justice and corrections institutions in post-conflict settings. The Court is open to collaboration with the United Nations in this context. By way of example, its country office in the Central African Republic has engaged with the United Nations to promote justice as a key foundation to lasting peace, with the support of the Secretary-General’s Peacebuilding Fund. 72. The Court supported the organization of the event held by the Assembly of States Parties on 17 July 2023 at United Nations Headquarters in New York to A/78/322 15/19 23-16116 commemorate the twenty-fifth anniversary of the Rome Statute and coordinated with the United Nations social media focal points to amplify related content, including a special video and other content related to the #MoreJustWorld digital campaign. At the Court’s request, United Nations entities publicized the exhibition “Common bonds: From the Rome Conference to today”, marking the twenty-fifth anniversary of the Rome Statute, by posting photographs and publicity on their global platforms. In the second half of 2022, the Court coordinated with the United Nations to continue publicizing stories of survivors of serious crimes profiled in its “Life After Conflict” photo exhibit, which was on display at United Nations Headquarters in July 2022. As in previous years, the Court marked United Nations international observance days with statements and social media posts and shared this content, as well as additional content related to Sustainable Development Goal 16 on peace and justice, with the United Nations social media focal points for amplification. These focal points also offered the Court advice on communications challenges and opportunities as they unfolded. The Court is grateful to the United Nations for its communications support. 3. Cooperation with the Security Council 73. The Court and the Security Council have different yet complementary roles in addressing the gravest crimes of concern to the international community, which have the potential to destabilize international peace and security. The Council’s prerogative to refer a situation to the Court can help promote accountability in situations where grave crimes may have been committed but where the Court lacks jurisdiction. This is demonstrated in concrete terms by the trial of Mr. Abd-Al-Rahman, which continued during the reporting period and represents the first trial to take place at the Court based on a referral by the Council. 74. Where the Council has made a referral, active follow-up is necessary to ensure cooperation, especially for the arrest and surrender of individuals for whom the Court has issued arrest warrants. Following the Darfur and Libya referrals, the Court has communicated to the Council a total of 16 findings of non-cooperation in respect of a State. The Council has not responded to these communications in substantive form. 75. As noted above, the Prosecutor’s biannual briefings to the Security Council on the situations in Darfur and Libya provided opportunities to inform the Council and the United Nations membership of progress and challenges related to his Office’s investigations and of the importance of cooperation, including with regard to the outstanding arrest warrants. In addition, in September 2022, the Prosecutor briefed the Council in relation to developments in the situation in Ukraine. 76. The Court believes that, building on past exchanges, the dialogue between the Court and the Security Council on matters of mutual interest, both thematic and situation-specific, can be enhanced further, with a view to strengthening synergies between the mandates of both entities. 77. The Court is grateful for the support of the Security Council, which the States parties to the Rome Statute serving on the Council play a key role in securing. The Office of the Prosecutor has benefited from formal and informal exchanges and from the strong support expressed, in part, at media stakeouts held after the Prosecutor ’s briefings by the Court’s focal points in the Council on behalf of those Council members that are also States parties. The Registrar also received such support during his mission to New York in June 2023. 78. On 18 July 2023, the President of the Assembly of States Parties and the Executive Director of the Trust Fund for Victims briefed the Security Council during an Arria formula meeting entitled “25th Anniversary of the Rome Statute: The Contribution of the International Criminal Court to the Maintenance of International Peace and Security”. A/78/322 23-16116 16/19 B. Cooperation with and assistance from States, other international organizations and civil society 79. States continued to provide highly valuable assistance in relation to investigations and prosecutions including with respect to arrests, identification and recovery of assets, provision of documents and facilitation of missions of the Court on their territory. 80. During the reporting period, the Registry transmitted 536 requests for visas to States and 300 primary requests for cooperation to States parties, other States and international and regional organizations, in addition to following up on pending requests apart from operational support requests sent by country offices. 81. The Office of the Prosecutor continued its efforts to enhance cooperation with partners, including by increasingly incorporating the use of technology and intelligence-led actions. The Office transmitted 458 requests for assistance (including 125 notifications for mission) to States Parties, States not parties, international and regional organizations and other public or private entities, and followed up on the execution of pending requests. The Office also received 22 incoming requests for cooperation under article 93, paragraph 10, of the Rome Statute. 82. In addition to transmitting its own requests and requests on behalf of Chambers, the Registry requested the assistance of States to support the investigative activities of Defence teams, including by giving them access to documents or potential witnesses, and to facilitate visits of detainees’ families to the Court’s detention centre by issuing visas. States were also requested to provide assistance for reparations proceedings, including by identifying the whereabouts of victims and by supporting the activities of the Trust Fund for Victims. All these forms of assistance are appreciated as contributing to the efficiency and fairness of the Court’s proceedings. 83. As demonstrated by the list of outstanding arrest warrants in the summary of the present report, the arrest and surrender of individuals subject to the Court’s warrants remains a critical challenge. The Court reiterates the importance it attaches to the Secretary-General’s guidance on contacts with persons who are the subject of arrest warrants or summonses issued by the Court (A/67/828-S/2013/210). 84. The Court continued to encourage States to conclude cooperation agreements with it regarding the relocation of witness under threat, the enforcement of sentences, and the interim and final release of suspects or accused. One new agreement was concluded with Belgium on the release of persons on 7 July 2023. 85. The Registry and the Office of the Prosecutor continued efforts to further enhance cooperation with national, regional and international judicial and law enforcement networks in support of the Court’s needs, and to assist national proceedings, where appropriate, in accordance with the principle of complementarity. 86. These efforts have produced tangible results, notably the strengthening of relations between the Office of the Prosecutor and the African Union following the Prosecutor’s participation in the thirty-fifth and thirty-sixth African Union summits in Addis Ababa. The attendance of the Prosecutor at the ninth summit of the Association of Caribbean States, held in May 2023 in Antigua, Guatemala, also served to enhance cooperation with States in the region. 87. The Registry and the Office of the Prosecutor also continued to work closely together within the inter-organ working group on arrest strategies to devise and implement strategies to facilitate the arrest of suspects, as well as to develop a network of partners to foster information exchange and cooperation in the identification, freezing and seizure of assets. A/78/322 17/19 23-16116 88. On 23 June 2023 the Registry organized a hybrid meeting with States from the Group of Latin American and Caribbean States on framework cooperation agreements, with the participation of representatives of embassies and experts from capitals. Lastly, the Registry continued its efforts to obtain sufficient funds for the trust fund it relies on to ensure family visits for indigent detainees. The Court organized six family visits, in which a total of 18 persons participated (10 adults and 8 children). Six States made generous donations to the trust fund during the reporting period. 89. With the financial support of the European Commission and other donors, the Court organized over 15 seminars and events in support of efforts to strengthen cooperation, complementarity and universality, including a second high-level virtual seminar for judges in the Asia-Pacific region, a training on witness protection for victims of conflict related sexual violence in Ukraine, a seminar for national cooperation for focal points from the ministries of justice of countries with situations subject to the jurisdiction of the Court and the fifth Asia-Pacific Forum of the Hague. 90. The Court continued to develop its interaction and cooperation with international and regional organizations as key partners for promoting universal ratification and full national implementation of the Rome Statute, raising awareness of the Court’s work, enhancing cooperation and promoting wider geographical representation within the Court’s staff. 91. The Court greatly values the activities that civil society partners undertake to raise awareness of the Court and promote the universal ratification and full implementation of the Rome Statute, and it continued to participate in those activities. From 19 to 23 June 2023, the Court held, in hybrid format, an annual round table with non-governmental organizations. In addition, the Office of the Prosecutor organized two thematic round tables on crimes against and affecting children and gender persecution with civil society organizations from countries with situations subject to the jurisdiction of the Court. The round tables included discussions of the newly launched policy of the Office of the Prosecutor on the crime of gender persecution, which strengthens the basis on which the Office can advance the fight against impunity for sexual and gender-based crimes. III. Institutional developments A. Treaty matters 92. Two States accepted or ratified the amendment to article 8 of the Rome Statute adopted in 2010, bringing the total number of States parties having accepted or ratified the amendment to 45. Two States accepted or ratified the amendment on the crime of aggression, bringing the total number of States parties having accepted or ratified the amendment to 45. One State accepted or ratified the amendment to article 124, bringing the total number of States parties having accepted or ratified the amendment to 19. Three States accepted or ratified the amendment to article 8 regarding the use of weapons that use biological agents or toxins, bringing the total number of States parties having accepted or ratified the amendment to 15. Three States accepted or ratified the amendment to article 8 regarding the use of weapons designed to injure by fragments undetectable by X-rays, bringing the total number of States parties having accepted or ratified the amendment to 13. Three States accepted or ratified the amendment to article 8 regarding the use of blinding laser weapons, bringing the total number of States parties having accepted or ratified the amendment to 13. Four States accepted or ratified the amendment to article 8 on intentionally A/78/322 23-16116 18/19 using the starvation of civilians, bringing the total number of States parties having accepted or ratified the amendment to 12. 93. The Court continued efforts to attract all States not among the 123 parties to the Rome Statute to join the treaty as soon as possible. B. Elections 94. On 10 February 2023, the judges of the Court elected by secret ballot Osvaldo Zavala Giler as Registrar for a period of five years by an absolute majority. Mr. Zavala Giler, a national of Ecuador, commenced his term on 17 April 2023, succeeding Peter Lewis. C. Trust Fund for Victims 95. As detailed in section II above, the Trust Fund for Victims continued implementing Court-ordered reparations in four cases, and it participated in the reparations proceedings in the Ongwen case. 96. The Trust Fund also implemented other programmes to benefit victims through the provision of medical treatment, psychological rehabilitation, socioeconomic support, education and peace-building activities. Those programmes were implemented for the benefit of victims in the situations in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Georgia, Kenya, Mali and Uganda, all under the jurisdiction of the Court. The programmes in Georgia and Kenya were launched at the beginning of 2023. Close to 17,000 individuals directly benefited from reparations programmes in 2022. The Trust Fund worked with locally based international organizations and local organizations to implement reparations activities. 97. In its resolution 77/6 of 2 November 2022 the General Assembly encouraged States to contribute to the Trust Fund for Victims. In 2022, the Trust Fund received over €3.8 million in voluntary contributions from 32 States parties, which enabled it to continue its activities in 2023. The Trust Fund calls upon the General Assembly to continue to call on States, individuals and entities to make voluntary contributions for the benefit of victims and their families. 98. In line with the 2020 report of the Independent Expert Review, the Trust Fund’s Board of Directors initiated a series of reforms to strengthen the fundraising capacity, visibility and effective management of the secretariat of the Trust Fund for Victims, which has been led by a new Executive Director since 1 May 2023, following a competitive recruitment process. D. Launch of strategic plans for 2023–2025 99. On 14 June 2023, the strategic plans for 2023–2025 of the Court, the Office of the Prosecutor, the Registry and the Trust Fund for Victims were launched, marking the first time all four strategic plans have been developed and adopted concurrently, following the same three-year cycle. This underscores the Court’s commitment to the “one Court principle” and strengthens the Court’s relationship with the Trust Fund for Victims by promoting greater synergies while upholding the independence of the organs involved in judicial proceedings. During the process of elaborating the strategic plans, the Court benefited from the input provided by its staff as well as by States parties and civil society organizations. A/78/322 19/19 23-16116 100. Building on the achievements made during the previous strategic cycle and taking into account the recommendations of the Independent Expert Review, the four strategic plans aim to drive further progress in the 2023–2025 period. The introduction of key performance indicators and a strategic framework will enable the Court to better demonstrate how the performance of each organ and the Trust Fund for Victims contributes to shared, overarching goals. The Court’s strategic plan reaffirms its pledge to act with integrity and acknowledges the crucial role of the Court’s staff in the achievement of its mission. In December 2022, the Court also launched a comprehensive Court-wide Strategy on Gender Equality and Workplace Culture, the first of its kind adopted by an international court or tribunal. 101. Through the development of the strategic plans, the Court identified key additional resources required to meet core strategic objectives, as reflected in the proposed programme budget for 2024 recently transmitted by the Court to the Assembly of States Parties. IV. Conclusion 102. The reporting period marked a particularly active year for the International Criminal Court, including significant activities in pretrial, trial and appeals proceedings and in the implementation of reparations, as well as the investigations and preliminary examinations conducted by the Office of the Prosecutor with respect to situations on four continents. Among the notable developments were the confirmation of a conviction and sentence on appeal; the conclusion of the presentation of evidence in one trial and the progress of three other trials in the courtrooms; the issuance of two new arrest warrants; and the conclusion of one preliminary examination. The Trust Fund for Victims implemented court-ordered reparations to victims in four cases and conducted other projects in several countries, benefiting close to 17,000 victims. 103. The Court recognizes with gratitude the many forms of important assistance provided by the United Nations system during the reporting period and is equally appreciative of the cooperation of States with its ongoing investigative, prosecutorial and judicial activities. Furthermore, the Court highly appreciates the numerous vocal statements of support expressed by States and other international actors in high-level forums, such as the General Assembly and the Security Council. Such support is particularly important at a time when officials of the Court have come under attack for carrying out their mandates. The Court looks forward to further strengthening its relations with all stakeholders as it seeks to enhance the delivery of justice under its mandate set out in the Rome Statute. United Nations A/79/198 General Assembly Distr.: General 19 August 2024 Original: English 24-14914 (E) 050924 *2414914* Seventy-ninth session Item 74 of the provisional agenda* Report of the International Criminal Court Report of the International Criminal Court Note by the Secretary-General The annual report of the International Criminal Court on its activities for 2023/24 is submitted herewith to the General Assembly in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court and paragraph 31 of General Assembly resolution 78/6. * A/79/150. A/79/198 24-14914 2/19 Report of the International Criminal Court on its activities in 2023/24 Summary During the reporting period, the International Criminal Court made significant contributions to the global fight against impunity for the most serious crimes of concern to the international community as a whole. Drawing on new tools and approaches, the Court is addressing the unprecedented demand for its work in the form of investigations, pretrial proceedings, trials and appeals, as well as reparation programmes for victims, carrying out extensive activities in highly challenging operational environments and fragile security situations in ongoing conflict zones. Among the notable developments during the reporting period, Trial Chamber X convicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of crimes against humanity and of war crimes committed between 2 April 2012 and 29 January 2013 in Timbuktu, northern Mali. Sentencing proceedings are under way, and the verdict is subject to appeal. Reparation proceedings are soon to commence. Three other trials continued in the courtrooms: the trial of Ali Muhammad Ali Abd-Al-Rahman with regard to the situation in Darfur and the trial of Alfred Yekatom and Patrice-Edouard Ngaïssonna and the trial of Mahamat Said Abdel Kani with regard to the situation in the Central African Republic. With regard to the situation in Uganda, Trial Chamber IX issued a reparations order in the case of Dominic Ongwen, who previously had been found guilty for crimes against humanity and war crimes committed in northern Uganda between 2002 and 2005. The Chamber set Mr. Ongwen’s financial liability to €52,429,000, the highest amount of reparations to victims ordered in any case before the Court thus far. Mr. Ongwen has appealed the reparations order. The Registry will now proceed with identifying the victim population that is potentially eligible for reparations. The Court reached a historic milestone as the Trust Fund for Victims finalized the implementation of reparations in the Katanga case with a closing ceremony held in Bunia, Democratic Republic of the Congo. The Trust Fund is also implementing other reparation orders and other programmes to benefit victims through the provision of medical treatment, psychological rehabilitation, socioeconomic support, education and peacebuilding activities, directly benefiting around 24,000 individuals in 2023. With regard to the situation in Ukraine, four new arrest warrants were issued against the following individuals: Sergei Kuzhugetovich Shoigu, Minister of Defence of the Russian Federation; Valery Vasilyevich Gerasimov, Chief of the General Staff of the Armed Forces of the Russian Federation and First Deputy Minister of Defence; Sergei Ivanovich Kobylash, Lieutenant General in the Russian Armed Forces and Commander of long-range aviation of the Aerospace Force; and Viktor Nikolayevich Sokolov, admiral in the Russian Navy and Commander of the Black Sea fleet (functions held at the time of the alleged conduct). With regard to the situation in Mali, the arrest warrant issued in 2017 for Iyad Ag Ghaly, alleged leader of Ansar Eddine, was unsealed. With regard to the situation in Uganda and the situation in Kenya, the Office of the Prosecutor announced the conclusion of the investigation phase. During the reporting period, the Office of the Prosecutor also continued its work with respect to the other situations that fall within its mandate. Pressure on its investigative function has greatly increased in the light of the significant range of allegations of crimes under the Rome Statute stemming from ongoing active conflicts, including in relation to the A/79/198 3/19 24-14914 situations in Darfur, the State of Palestine and Ukraine. To address increased requirements for its investigative activities, the Office is drawing on a new evidence- processing system that was finalized during the reporting period; an increase in field presence, including through an increase in staffing in Ukraine and the establishment of an office in Caracas; and a revitalization of its policy framework, as reflected in the adoption, in December 2023, of new policies on children and on gender-based crimes. The contents of the present report do not reflect confidential activity before the Court’s pretrial chambers, which has increased in terms of both workload and output. On 11 March 2024, six new judges of the Court commenced their nine-year terms, and Tomoko Akane was elected President of the Court for the period 2024– 2027. Security issues continued to gain prominence among the priorities of senior leadership of the Court owing to, inter alia, a serious cyberattack against the Court during the reporting period and other threats and attacks to which the Court and its officials have been subjected on account of their efforts to carry out their mandate, including arrest warrants issued by the Russian Federation against several judges and the Prosecutor. The Court is grateful for the highly valuable cooperation that it continued to receive from the United Nations on a wide range of issues, notably including operational assistance in the field on a cost-reimbursable basis. The cooperation, assistance and support of States remained essential to the Court’s operations. Court-issued public arrest warrants are outstanding against 20 individuals: (a) Democratic Republic of the Congo: Sylvestre Mudacumura, since 2012; a (b) Uganda: Joseph Kony, since 2005; (c) Central African Republic: Mahamat Nouradine Adam, since 2019; (d) Darfur: Ahmad Harun, since 2007; Omar Al-Bashir, since 2009 and 2010; Abdel Raheem Muhammad Hussein, since 2012; and Abdallah Banda, since 2014; (e) Kenya: Walter Barasa, since 2013; and Philip Kipkoech Bett, since 2015; (f) Libya: Saif Al-Islam Gaddafi, since 2011; (g) Mali: Iyad Ag Ghaly, since 2017; (h) Georgia: Mikhail Mayramovich Mindzaev, Gamlet Guchmazov and David Georgiyevich Sanakoev, since 2022; (i) Ukraine: Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova- Belova, since 2023; and Sergei Ivanovich Kobylash, Viktor Nikolayevich Sokolov, Sergei Kuzhugetovich Shoigu and Valery Vasilyevich Gerasimov, since 2024. b The Court calls upon States Parties and others to provide the necessary cooperation and assistance for their arrest and surrender to the Court. a Efforts are being undertaken to verify the reported death of Sylvestre Mudacumura (in 2019). b While the warrants are secret, the Chamber has authorized the Registry to make public their existence, the names of the suspects and the legal qualification of the alleged crimes, considering that public awareness of the warrants may contribute to the prevention of the further commission of crimes pursuant to article 58, paragraph 1 (b) (iii) of the Rome Statute. A/79/198 24-14914 4/19 Introduction 1. The present report, which covers the period from 1 August 2023 to 31 July 2024, is submitted in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court (see A/58/874 and A/58/874/Add.1).1 I. Update on judicial and prosecutorial activities A. Situations and cases 2. During the reporting period, the Chambers issued 532 written decisions, in addition to oral and email decisions. Some 158 hearings were held. 3. A combined total of over 16,000 victims participated in cases before the Court. During the reporting period, the Court received more than 4,500 new victim application forms, as well as a total of 164 representation forms from victims and victim groups with regard to the situation in the Bolivarian Republic of Venezuela. The Registry also received and processed follow-up information for approximately 650 existing applications. 4. As of July 2024, the Court had determined that approximately 5,500 victims were eligible for reparations in the Katanga, Lubanga and Al Mahdi cases, of which close to 75 per cent of beneficiaries had received reparations or were enrolled in reparation programmes. In relation to the Ntaganda and Ongwen cases, the Registry is in the process of identifying approximately 10,000 and 50,000 individuals, respectively, for enrolment in reparation programmes. 5. The above-mentioned statistics do not reflect confidential proceedings before pretrial chambers. 1. Situation in the Democratic Republic of the Congo (a) Judicial proceedings and reparations The Prosecutor v. Thomas Lubanga Dyilo 6. The Trust Fund for Victims continued to implement the symbolic collective reparations and collective service-based reparations ordered by Trial Chamber II. In total, 2,471 former child soldiers have been deemed eligible for a reparations award; 1,324 beneficiaries have completed or are currently benefiting from service-based reparations in the form of medical treatment, psychological rehabilitation and socioeconomic support. As part of the symbolic reparations award, the Trust Fund has continued construction of four community centres. The Prosecutor v. Germain Katanga 7. At the request of the victims, a ceremony was held on 24 April 2024 in Bunia, Ituri Province, Democratic Republic of the Congo, to mark the completion of the implementation of reparations in the Katanga case. The reparations, which had been ordered by Trial Chamber II on 24 March 2017, benefited individuals who lost family members, suffered physical and psychological harm and lost their homes, property and livestock as a result of the attack of 24 February 2003 on the village of Bogoro, Ituri Province, for which Mr. Katanga had been found guilty, as an accessory, of one __________________ 1 More information on the Court’s activities can be found on its website, www.icc-cpi.int. A/79/198 5/19 24-14914 count of a crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging). The Prosecutor v. Bosco Ntaganda 8. Trial Chamber II remained seized of the implementation of the reparations order issued on 8 March 2021 by Trial Chamber VI and the addendum issued by Trial Chamber II on 14 July 2023, which included the estimation of the approximate number of direct and indirect victims of crimes against child soldiers (3,000), the estimation of the approximate number of direct and indirect victims of the attacks (7,500) and an assessment of Mr. Ntaganda’s liability for reparations ($31,300,000). 9. Mr. Ntaganda and the legal representatives of the victims of the attack filed an appeal against the addendum. On 5 February 2024, the Appeals Chamber rejected the requests for suspensive effect of the appeal. The appeal is pending. 10. On 27 February 2024, Trial Chamber II approved the updated draft implementation plan for reparations of the Trust Fund for Victims and endorsed the beneficiary eligibility determinations. The Registry is conducting victim identification and eligibility screening for reparations in various locations. 11. Between 2022 and 2024, the Trust Fund for Victims provided initial reparations to 123 priority victims in urgent need. (b) Investigations 12. The Office of the Prosecutor continues to deepen its engagement with the authorities of the Democratic Republic of the Congo and other stakeholders, including through multiple field deployments. Those efforts have included a significant focus on encouraging national proceedings to address serious crimes, in line with the memorandum of understanding signed on 1 June 2023. Following a workshop held in Kinshasa in November 2023 and a follow-up mission undertaken by experts from the Office’s forensic team in February 2024 to identify challenges and capacity-building needs, the Office has continued its evaluation of the handling of priority cases by national judicial authorities. (c) Programme for the benefit of victims 13. In 2008, the Trust Fund for Victims launched a programme for the benefit of victims in respect of the situation in the Democratic Republic of the Congo. Over 2,000 affected individuals directly benefited from rehabilitation services in 2023. 14. To support domestic efforts for the benefit of victims, in May 2024, the Trust Fund, in collaboration with the Office of the United Nations High Commissioner for Human Rights, co-facilitated a workshop for the benefit of the national fund for reparations for victims of conflict-related sexual violence and victims of crimes against the peace and security of humanity, with a view to sharing experiences, challenges and lessons learned in the design and implementation of reparation programmes. 2. Situation in Uganda (a) Judicial proceedings and reparations The Prosecutor v. Dominic Ongwen 15. Following the conviction of Mr. Ongwen on 4 February 2021, which was confirmed on appeal, on 28 February 2024 Trial Chamber IX issued a reparations order, setting his financial liability to €52,429,000. The liability considered the estimated 49,772 victims affected by the 61 crimes for which Mr. Ongwen was A/79/198 24-14914 6/19 sentenced to 25 years in prison, including sexual and gender-based crimes, crimes committed against children and crimes creating transgenerational harm. The financial liability includes an award for collective community-based reparations, consisting of collective rehabilitation programmes, as well as symbolic and satisfaction measures, including a symbolic award of €750 for all eligible victims. In December 2023, Mr. Ongwen was transferred to Norway to serve his sentence. 16. Mr. Ongwen has appealed the reparations order. On 16 May 2024, the Appeals Chamber rejected Mr. Ongwen’s request for suspensive effect of the appeal. 17. Between May and July 2024, the Trust Fund for Victims conducted consultations with 2,715 potential beneficiaries of reparations in five locations in northern Uganda relevant to the crimes for which Mr. Ongwen was convicted. The consultations will inform the draft implementation plan for reparations. The Trust Fund also announced its first urgent funding appeal of €5 million in June 2024 to start a reparations programme in this case. In addition, the Registry has been establishing a framework for victim identification and eligibility screening for reparations in various locations across the country. The Prosecutor v. Joseph Kony and Vincent Otti 18. On 17 November 2023, Pre-Trial Chamber II terminated the proceedings against Vincent Otti, finding that, based on the information provided by the Prosecution, the only reasonable conclusion was that Mr. Otti is deceased. As a consequence, only the arrest warrant for Joseph Kony remained outstanding with respect to the situation. 19. On 23 November 2023, following the Prosecution’s request to hold a hearing on the confirmation of charges against Mr. Kony in his absence, Pre-Trial Chamber II found that Mr. Kony qualified as a person who “cannot be found” within the meaning of article 61, paragraph 2 (b) of the Rome Statute, that all reasonable steps to secure his appearance had been taken and that there would be cause to hold a confirmation hearing against him in his absence. The Chamber instructed the Registry to submit a plan indicating the outreach activities and notification efforts it would pursue to inform Mr. Kony of the charges. 20. On 4 March 2024, Pre-Trial Chamber II found that all reasonable steps to inform Mr. Kony of the charges had been taken and decided that the hearing on the confirmation of charges against Mr. Kony, to be held in his absence should he not appear, would commence on 15 October 2024. On 24 June 2024, Peter Haynes was appointed as counsel for Mr. Kony. The Registry is reaching out to victims for their potential participation in these proceedings. (b) Investigations 21. On 1 December 2023, the Prosecutor announced the conclusion of the investigation phase in the situation in Uganda. Accordingly, absent a significant change in circumstances and without prejudice to the work required to support the ongoing judicial process, the Office will not pursue new lines of inquiry and will focus on ensuring the successful prosecution of Joseph Kony, the alleged leader of the Lord’s Resistance Army. The Office will continue to devote concerted efforts, in collaboration with the Registry and relevant partners, to secure his arrest. The Office will work with the Ugandan authorities and civil society to ensure that information and evidence are shared under the framework of the Office’s Policy on Complementarity and Cooperation. A/79/198 7/19 24-14914 (c) Programme for the benefit of victims 22. In 2008, the Trust Fund for Victims launched a programme for the benefit of victims in respect of the situation in Uganda. Over 6,500 affected individuals directly benefited from rehabilitation services in 2023. 3. Situation in the Central African Republic I and situation in the Central African Republic II (a) Judicial proceedings The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona 23. The Prosecution concluded its presentation of evidence on 11 September 2023, at which time the Chamber had heard the testimony of 75 witnesses called by the Prosecution. In addition, the Chamber received more than 10,000 items of evidence from the Prosecution. Following the Prosecution, the legal representatives of the victims presented their evidence by calling three witnesses, and the testimony of one Chamber witness was heard. On 28 November 2023, the Defence for Mr. Yekatom made its opening statements and subsequently called 18 witnesses. In addition to live testimony, the Chamber received the written testimony of over 50 witnesses from the Prosecution and the Defence. The Chamber granted participatory status to 299 victims, bringing the total number to 1,965. The Registry continues to engage with victim communities and collect victims’ information. 24. On 20 May 2024, the Appeals Chamber confirmed two decisions of Trial Chamber V, in which the Prosecution’s requests to introduce prior recorded testimony were granted. The Prosecutor v. Mahamat Said Abdel Kani 25. The trial resumed following the adjournment of the proceedings in February 2023 on account of Mr. Said’s medical condition. On 15 December 2023, Trial Chamber VI found Mr. Said fit to stand trial. The Chamber continues to monitor his condition and his physical ability to participate in a regular sitting schedule. The Chamber has heard 44 witnesses called by the Prosecution. 26. To date, the Chamber has granted participatory status to 31 victims. The Registry continues to engage with victim communities and collect victims’ information. The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka 27. From 22 to 24 August 2023, the Chamber held a hearing on the confirmation of charges. On 16 October 2023, the Prosecution notified the Chamber of the withdrawal of all charges against Mr. Mokom. On 17 October 2023, the Chamber terminated the proceedings against him and ordered his immediate release. The Chamber ordered the Registry to ensure that Mr. Mokom’s rights as a free person are not restricted, while requesting him to abide by certain practical arrangements. 28. On 18 January 2024, the Chamber rejected the extradition request from the Central African Republic. Noting that no other State was willing to accept Mr. Mokom, the Chamber decided that its residual jurisdiction regarding Mr. Mokom would conclude on 8 February 2024 if no such State was identified by that date; in that event, he would fall under the exclusive jurisdiction of the host State. 29. On 23 April 2024, Mr. Mokom filed a request pursuant to article 85 of the Rome Statute, seeking compensation for the harm and damage allegedly caused to him as a result of the proceedings against him. A special chamber composed of three judges has been constituted to hear the claim. A/79/198 24-14914 8/19 (b) Investigations 30. Investigative activities continued in relation to all pending cases before the Court, including the arrest warrant against Mahamat Nouradine Adam. The Office of the Prosecutor has deepened its cooperation with the authorities of the Central African Republic, including through a visit by the Deputy Prosecutor, Mame Mandiaye Niang, in November 2023, during which he signed memorandums of understanding with the Government of the Central African Republic and the Special Criminal Court, as a reflection of a joint commitment to strengthen collaboration to effectively address international crimes committed in the country. 31. The Office continued its tracking efforts with good cooperation from various stakeholders. (c) Programme for the benefit of victims 32. Since 2020, the Trust Fund for Victims has been implementing a programme for the benefit of victims in the Central African Republic. Over 15,000 affected individuals, including nearly 8,000 victims of sexual and gender-based crimes, have directly benefited from rehabilitation services since the start of the programme. 4. Situation in Darfur (a) Judicial proceedings The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) 33. The trial of Mr. Abd-Al-Rahman continued in 2023 with the presentation of views and concerns by the victims and the presentation of evidence by the Defence. The presentation of evidence by the victims concluded in October 2023, and the Defence started the presentation of its evidence immediately thereafter. The Chamber has heard 17 witnesses called by the Defence. The Chamber granted participatory status to an additional 731 victims, bringing the total number to 1,331. The Registry continues to engage with victim communities and collect victims’ information. (b) Investigations 34. The Office of the Prosecutor continued to advance investigations with cooperation from different States and increased cooperation from Sudanese authorities. In September 2023, the Prosecutor met with First Lieutenant General Abdel-Fattah Al-Burhan Abdelrahman Al-Burhan on the sidelines of the General Assembly and underlined the obligations of the Sudan pursuant to Security Council resolution 1593 (2005) with respect to cooperating with the Court and ensuring justice for the people of the Sudan. Following that meeting, a new focal point for cooperation was appointed by the Government of the Sudan, which has assisted in improving cooperation. 35. On 29 January 2024, during his visit to Chad, the Prosecutor briefed the Security Council on the situation in Darfur. The Office is accelerating its operations, with multiple field missions and advanced exploitation of online open sources, and harnessing its partnerships with civil society actors, victims’ groups, national authorities and international and regional organizations. 36. In relation to the ongoing violence in Darfur, the Office is prioritizing investigations of crimes affecting children and gender-based crimes. The Office has conducted several outreach missions to refugee camps in the east of Chad. The Office continues to engage constructively with various national authorities that are developing relevant investigations. A/79/198 9/19 24-14914 5. Situation in Kenya (a) Investigations 37. On 27 November 2023, the Deputy Prosecutor, Nazhat Shameem Khan, announced the conclusion of the investigation phase with respect to the situation in Kenya, after considering the specific facts and circumstances. 38. The Office will not pursue additional cases into the alleged criminal responsibility of other persons but maintains its capacity to act on information relating to retaliation against witnesses. (b) Programme for the benefit of victims 39. In April 2023, the Trust Fund for Victims launched a two-year programme for the benefit of victims of sexual and gender-based violence in respect of the situation in Kenya. Over 190 affected individuals directly benefited from rehabilitation services in 2023. 6. Situation in Libya Investigations 40. On 9 November 2023 and 14 May 2024, pursuant to Security Council resolution 1970 (2011), the Prosecutor briefed the Council on the situation in Libya and outlined a road map aimed at completing the investigation phase by the end of 2025, subject to operational conditions. 41. The Prosecutor further updated the Security Council on the implementation of the strategic plan adopted in respect of this situation in 2022, which involved multiple investigative operations, enhanced cooperation with national authorities from Libya and other States and continued outreach with survivors and civil society. The Office succeeded in significantly advancing investigations, including through interviewing many witnesses, and collected substantial evidence, including from open sources, documents, forensics and satellite imagery. 42. The Office made particular progress with respect to crimes committed over the period 2014–2020, and related investigations are advancing successfully towards completion. The investigations related to detention facilities and crimes against migrants have also been advanced significantly. The implementation of new technologies and the new “OTPLink” portal to receive submissions from the public have been instrumental to this progress. 43. The Prosecutor’s vision of having the Office operate as a cooperation hub has been implemented in this situation with positive results. The Office continued to work closely with the joint team that is investigating crimes against migrants on the central Mediterranean route. Through this cooperation, significant contributions have been made to investigations and prosecutions related to trafficking in persons in Italy and the Kingdom of the Netherlands. 44. In April 2024, the Deputy Prosecutor, Nazhat Shameem Khan, conducted a productive mission to Tripoli, setting the course for enhanced cooperation with the Attorney General and other national actors, including civil society. 7. Situation in Côte d’Ivoire (a) Investigations 45. The Office of the Prosecutor continued its efforts to secure cooperation from national authorities, international organizations, civil society organizations and other A/79/198 24-14914 10/19 relevant stakeholders to assist in accelerating the ongoing investigations into crimes allegedly committed between December 2010 and June 2011 in the context of post-electoral violence. The Office has been conducting regular investigative missions and is seeking to move its activities towards the next phase of the proceedings. (b) Programme for the benefit of victims 46. Since 2022, the Trust Fund for Victims has been implementing a programme for the benefit of victims in respect of the situation in Côte d’Ivoire. Over 160 affected individuals, related to 13 identified incidents, directly benefited from rehabilitation services in 2023. Furthermore, the Trust Fund collaborated with artists to realize memorials in accordance with the wishes of affected communities comprising over 131,000 victims. The first stone was laid for a memorial near Abidjan in the presence of senior Government officials; five other memorials have been built and will be inaugurated in the upcoming reporting period. 8. Situation in Mali (a) Judicial proceedings and reparations The Prosecutor v. Ahmad Al Faqi Al Mahdi 47. The Trust Fund for Victims continued to implement the reparations ordered by Trial Chamber VIII on 17 August 2017 for the community of Timbuktu. Implementation of the symbolic reparations award was completed in March 2021 with ceremonies in Bamako and Timbuktu. In June 2024, the Trust Fund completed the delivery of individual awards in the form of financial compensation to 1,685 eligible victims of the attacks against religious and historic buildings in June and July 2012. The Trust Fund continues to implement the collective awards, which include the restoration of protected buildings of cultural value; memorialization measures to address the moral damage caused to the Timbuktu community; and the establishment of an economic resilience facility to address the indirect economic damage caused to the community. The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud 48. On 26 June 2024, Trial Chamber X, by majority, convicted Mr. Al Hassan of the crimes against humanity of torture, persecution and other inhumane acts and of the war crimes of torture, outrage upon personal dignity, mutilation, cruel treatment and the passing of sentences without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable. These crimes were committed between 2 April 2012 and 29 January 2013 in Timbuktu, northern Mali, in the context of control by Ansar Eddine and Al-Qaida in Islamic Maghreb over the region. 49. The Chamber found that certain crimes of sexual violence had been committed in Timbuktu during the relevant period, but that Mr. Al Hassan was not guilty of the war crimes of rape and sexual slavery or of the crimes against humanity of rape, sexual slavery and other inhumane acts in the form of forced marriage. He was also found not guilty of the war crime of attacking protected objects. 50. Proceedings on sentencing are under way, and the conviction is subject to appeal. The Registry has relaunched consultations with victim communities and is collecting mapping information for the impending reparation proceedings. The Prosecutor v. Iyad Ag Ghaly 51. On 21 June 2024, Pre-Trial Chamber I issued a public redacted version of the warrant of arrest against Iyad Ag Ghaly, initially issued on 18 July 2017, for war A/79/198 11/19 24-14914 crimes and crimes against humanity allegedly committed in northern Mali between January 2012 and January 2013. (b) Investigations 52. The Office of the Prosecutor continued its activities and monitored developments and reports of atrocity crimes on the ground. The Office has also explored additional options to reinforce the impact of its activities, including by developing synergies with the Malian national justice system and other partners under the framework of complementarity. (c) Programme for the benefit of victims 53. Since 2022, the Trust Fund for Victims has implemented a programme that is aimed at providing support to victims of incidents under the jurisdiction of the Court in the areas of Mopti and Gao, complementing the reparation programme implemented for victims in Timbuktu. 9. Situation in Georgia (a) Investigations 54. The Office of the Prosecutor continued to monitor the situation as part of its tracking activities. Following the conclusion of the investigation phase on 16 December 2022, the Office has focused its efforts on ensuring trial readiness in relation to the existing warrants of arrest. The Office has also undertaken preservation activities under article 56 of the Rome Statute. (b) Programme for the benefit of victims 55. In 2023, the Trust Fund for Victims launched a programme for the benefit of victims in respect of the situation in Georgia; over 530 affected individuals directly benefited from rehabilitation services during the first year. 10. Situation in Burundi Investigations 56. The Office of the Prosecutor continued its investigation, conducting missions to a number of countries, despite a lack of cooperation from the Government of Burundi. The Office received cooperation from States, United Nations entities and civil society organizations and has been progressively advancing its investigative work. 11. Situation in Afghanistan Investigations 57. The Office of the Prosecutor conducted major investigative activities, including extensive engagement with witnesses and the collection of documentary evidence, public statements and decrees by leaders, and large volumes of open source material. Reports of systematic discrimination and persecution are one of the Office’s investigative priorities. Investigations are advancing progressively, thanks to cooperation from civil society organizations, survivors, national authorities and international organizations. The Office has integrated gender experts into the investigation team, along with country experts, with a view to ensuring that the gender dimension of the alleged crimes is addressed. The progress made should establish a foundation for applications for warrants of arrest. A/79/198 24-14914 12/19 12. Situation in Bangladesh/Myanmar Investigations 58. The Office of the Prosecutor continued its investigation with missions, the collection and analysis of evidence, interviews with witnesses in Bangladesh, facilitated by the rotational presence of investigators in the country, and initiatives aimed at strengthening engagement and cooperation with partners in the region. Given the severe trauma among victims caused both by the violent attacks in their homeland and by subsequent protracted displacement and harsh conditions of life, the Office has taken special care to adopt trauma-informed strategies, including careful contact and screening of potential witnesses and specialized support from psychosocial experts. 59. The Office has engaged with Government ministries in Bangladesh, diplomats, international organizations and non-governmental organizations regarding requests for assistance and to inform them of developments. The significant progress made with the investigations should establish the foundation for applications for warrants of arrest. 13. Situation in the State of Palestine (a) Judicial proceedings 60. Pre-Trial Chamber I has granted leave for several amici curiae to file written observations pursuant to rule 103 of the Court’s Rules of Procedure and Evidence. The Registry continues to receive victim applications for participation in potential future criminal proceedings and reparations. (b) Investigations 61. Following dedicated investigative efforts, including for events since 7 October 2023, the Prosecutor announced in May 2024 that he had filed applications for arrest warrants in relation to five individuals. 62. The Office continues its investigation into the situation, covering multiple lines of inquiry pertaining to alleged crimes committed in Gaza and the West Bank, including East Jerusalem, since 13 June 2014. With a view to further strengthening action, the Office continues to engage with all relevant parties and stakeholders, including civil society, States and international and regional organizations. As in all situations, complementarity remains an important consideration in the Office’s overall approach. 14. Situation in the Philippines Investigations 63. The Office of the Prosecutor has continued its planning and investigative activities and engagement with key stakeholders, including civil society organizations, with a view to advancing its investigation. 15. Situation in the Bolivarian Republic of Venezuela I (a) Judicial proceedings 64. On 7 and 8 November 2023, the Appeals Chamber held a hearing on the appeal of the Bolivarian Republic of Venezuela against the Pre-Trial Chamber I decision of 27 June 2023 authorizing the resumption of the Prosecution’s investigation, pursuant to article 18, paragraph 2 of the Rome Statute. On 1 March 2024, the Appeals Chamber delivered a judgment confirming the decision. The Registry facilitated victims’ participation in these proceedings through a standardized victim consultation system. A/79/198 13/19 24-14914 (b) Investigations 65. After the 27 June 2023 ruling by Pre-Trial Chamber I, the Office of the Prosecutor resumed its independent investigation while engaging in litigation before the Appeals Chamber following the appeal lodged by the authorities of the Government of the Bolivarian Republic of Venezuela. In this context, the Office benefited from cooperation with various national and international stakeholders. 66. The Office also continued to engage with the Venezuelan authorities within the framework of the two memorandums of understanding signed with the Government in 2021 and 2023 to promote cooperation and complementarity. The Prosecutor conducted a fourth official visit to the country in June 2024, during which he inaugurated the in-country office for his Office and placed focus on the implementation of the joint workplan signed with the Government in December 2023. 16. Situation in Ukraine (a) Judicial proceedings 67. On 5 March 2024, Pre-Trial Chamber II issued warrants of arrest against Sergei Ivanovich Kobylash, Lieutenant General in the Russian Armed Forces and Commander of long-range aviation of the Aerospace Force at the relevant time, and Viktor Nikolayevich Sokolov, admiral in the Russian Navy and Commander of the Black Sea fleet at the relevant time. On 24 June 2024, it issued warrants of arrest against Sergei Kuzhugetovich Shoigu, Minister of Defence of the Russian Federation at the relevant time, and Valery Vasilyevich Gerasimov, Chief of the General Staff of the Armed Forces of the Russian Federation and First Deputy Minister of Defence at the relevant time. All four individuals are allegedly responsible for the war crime of directing attacks at civilian objects, the war crime of causing excessive incidental harm to civilians or damage to civilian objects and the crime against humanity of inhumane acts, allegedly committed from at least 10 October 2022 until at least 9 March 2023. The Registry continues to receive victim applications. (b) Investigations 68. The Office of the Prosecutor continued its investigation across multiple interconnected lines, engaging actively on the ground in Ukraine and the region. The Office has benefited from effective cooperation with Ukraine and engaged in cooperation and coordination efforts with a variety of domestic and international stakeholders, including in the context of the joint investigation team established under the auspices of the European Union Agency for Criminal Justice Cooperation. The Office also continued to benefit from the deployment of teams of experts by States parties under the Office’s innovative forensic rotation model. 69. The Court officially opened its country office in Ukraine in September 2023 in the presence of the Prosecutor, thereby deepening the Office’s investigative activities in the country and its engagement with the Office of the Prosecutor General of Ukraine, local civil society organizations and other partners. (c) Programme for the benefit of victims 70. The Trust Fund for Victims has engaged with Ukrainian authorities and with the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine to consider potential collaboration, the exchanging of experiences and potential synergies in efforts to seek redress for victims of crimes under the jurisdiction of the Court in respect of the situation in Ukraine. A/79/198 24-14914 14/19 B. Preliminary examinations 71. The Office of the Prosecutor has been seized of preliminary examinations in three situations: Nigeria, Bolivarian Republic of Venezuela II and Democratic Republic of the Congo II. 72. The preliminary examination in relation to the situation in Nigeria has been completed, and the Office engaged in next steps, including a visit by the Deputy Prosecutor, Mame Mandiaye Niang, to Nigeria in March 2024, where he held constructive meetings with relevant national authorities and institutions, the diplomatic community and civil society organizations. The Office noted the country’s determination to close the impunity gap but remains committed to moving forward with investigations in the absence of genuine efforts by the Nigerian authorities. 73. In relation to the situation in the Bolivarian Republic of Venezuela II, the Office worked towards finalizing its assessment of the preliminary examination and engaged with the Government of the Bolivarian Republic of Venezuela and civil society to that end. 74. In relation to the situation in the Democratic Republic of the Congo II, the Office conducted an assessment of jurisdiction and admissibility, including in the context of a technical-level mission to the country, as well as an assessment of the potential linkage of the situation with the existing situation in the Democratic Republic of the Congo I. 75. The Office also considered large volumes of submissions received under article 15 of the Rome Statute and worked towards the finalization of its assessment on a number of situations at the initial filtering stage. C. Other activities 76. The Prosecutor visited Colombia in April 2024 in order to launch the Office’s Policy on Cooperation and Complementarity, with the participation of officials from the Government of Colombia, senior national experts and civil society representatives. 77. In March 2024, the Deputy Prosecutor, Mame Mandiaye Niang, visited Guinea in the context of the implementation of the memorandum of understanding signed on 28 September 2022 in Conakry. He met with senior Government officials and expressed satisfaction with the ongoing trial and with the country’s commitment to bringing the alleged perpetrators to justice. During these exchanges, Guinean authorities identified areas in which support was needed. The Deputy Prosecutor committed to engaging with key actors and partners, such as the Team of Experts on the Rule of Law and Sexual Violence in Conflict, relevant sections of the Court and the Trust Fund for Victims, with a view to proposing an action plan aimed at facilitating the exchange of expertise and knowledge transfer for the benefit of national judicial personnel. II. International cooperation A. Cooperation with the United Nations 78. The Court continued to receive crucial cooperation and support from the United Nations and its senior leadership, in line with the 2004 Relationship Agreement. The Court principals valued the constructive bilateral meetings held throughout the reporting period with senior United Nations officials. A/79/198 15/19 24-14914 79. The Court recognizes the critical role of the Under-Secretary-General for Legal Affairs, the United Nations Legal Counsel, as the interface between the Court and the United Nations, in particular for the transmission and coordination of judicial cooperation requests. The Court continued to reimburse staffing costs for two posts in the Office of Legal Affairs, at the P-3 and P-2 levels, to handle the significant amount of requests from the Court for assistance and cooperation. The Court’s liaison office to the United Nations continued to facilitate cooperation between the two organizations, represent the Court in various meetings, apprise the Court of relevant developments at the United Nations and facilitate and support meetings between officials of the two organizations. The liaison office also acts as a key contact point between the Court and permanent missions to the United Nations. 80. In May 2024, the liaison office, together with the Office of Legal Affairs, coordinated the convening of a virtual round table meeting as a forum for International Criminal Court focal points across the United Nations system and their counterparts from various organs of the Court and its Trust Fund for Victims. The topics discussed included cooperation with the United Nations, including United Nations entities with a humanitarian mandate, and modalities for the provision of logistical support by United Nations field operations. 81. The Court highly appreciates the continued cooperation from various United Nations entities, departments, offices and special advisers and representatives of the Secretary-General, including those present in the field, which is essential for its operations. The Court’s offices in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Mali, Uganda and Ukraine played an important role by liaising with United Nations entities in this respect. Support from United Nations entities will also be invaluable as the Court is currently undertaking to open offices in a number of additional countries. 82. The Registry of the Court continued to receive, with appreciation, support from the United Nations for the deployment of Court personnel throughout the many countries in which it operates, and there were continued requests for operational support for several actors and participants in the proceedings (defence teams, Office of the Prosecutor, legal representatives of victims and staff of the Trust Fund for Victims). A total of 103 missions received support from the United Nations. 83. The Office of the Prosecutor continued to expand engagement with the Office of the United Nations High Commissioner for Human Rights, including through thematic exchanges and cooperation in relation to ongoing activities. 84. The Court continued to cooperate with United Nations common system organizations by participating in inter-agency meetings on facilities management, travel and security. The country offices and the Court’s liaison office at United Nations Headquarters have also benefited from coordination in administrative and management areas across the United Nations system. The Court continued to participate in the United Nations security management system and relied on the United Nations for services such as transportation, radio and video communication, medical assistance, security briefings and security training on a reimbursable basis. The Court also continued engaging with the High-level Committee on Management. 85. During the reporting period, eight of the Court’s staff members were on loan, one was on secondment to other international organizations and one was transferred to other organizations under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations Applying the United Nations Common System of Salaries and Allowances. One United Nations staff member is currently on secondment to the Court, and the Court received one staff member on transfer from other international organizations. A/79/198 24-14914 16/19 86. The Senior Legal Adviser of the Registry and the Director of the Secretariat of the Assembly of States Parties attended the 2024 meeting of the informal network of the Legal Advisers of the Specialized Agencies and the Related and Other Organizations of the United Nations System in Montreal from 27 to 30 May 2024. 87. The United Nations supported, on a reimbursable basis, the hosting of the twenty-second session of the Assembly of States Parties to the Rome Statute at United Nations Headquarters from 4 to 14 December 2023, as well as the hosting of the event organized by the Assembly to commemorate the World Day for International Justice, held at United Nations Headquarters on 17 July 2024. The exhibition entitled “Common bonds”, which was produced by the Court in collaboration with the Trust Fund for Victims and which includes photographs contributed by multiple United Nations entities, has been on display at United Nations Headquarters since 16 July 2024, where it will remain until 23 August 2024. Social media content produced by the Court, including content related to Sustainable Development Goal 16, was amplified on United Nations social media platforms, reaching millions of people. The Court is grateful to the United Nations for its valuable communications support. 88. The Prosecutor’s biannual briefings to the Security Council on the situations in Darfur and Libya provided opportunities to inform the Council and United Nations membership of progress and challenges related to his Office’s investigations and of the importance of cooperation, including with regard to outstanding arrest warrants. The Court is grateful for the Council’s support, which the States parties to the Rome Statute serving on the Council play a key role in securing, under the coordination of the Co-Chairs of the Court’s Security Council caucus, Japan and Switzerland. B. Cooperation with and assistance from States, other international organizations and civil society 89. States continued to provide highly valuable assistance in relation to the Court’s investigations and prosecutions, including with respect to the identification and recovery of assets, the provision of documents and the facilitation of missions of the Court on their territory. 90. During the reporting period, the Registry transmitted 416 primary requests for cooperation to States parties, other States and international and regional organizations, which are essential to ensure the advancement of judicial proceedings. In addition, the Registry transmitted 734 requests for visas to States, and country offices transmitted numerous requests for cooperation to support the operations of Court personnel in situation countries. 91. The Office of the Prosecutor continued its efforts to enhance cooperation with partners, including by increasingly incorporating the use of technology and intelligence-led actions. The Office transmitted 519 requests for assistance (including 175 notifications for missions), to States parties, States not parties, international and regional organizations and other public or private entities, and followed up on the execution of pending requests. The Office also received 36 incoming requests for cooperation under article 93, paragraph 10 of the Rome Statute. 92. The Registry requested the assistance of States to support the investigative activities of defence teams, including requests to be given access to documents and to organize meetings with relevant authorities and with potential witnesses. States were also requested to provide assistance for reparations proceedings, including by identifying the whereabouts of victims and by supporting the activities of the Trust Fund for Victims. A/79/198 17/19 24-14914 93. As demonstrated by the list of outstanding arrest warrants in the summary of the present report, the arrest and surrender of individuals subject to the Court’s warrants remains a critical challenge, one that requires an intensified engagement by States. The Registry and the Office of the Prosecutor continued to work closely together on tracking activities and within the inter-organ working group on arrest strategies. The Court reiterates the importance it attaches to the Secretary-General’s guidance on contacts with persons who are the subject of arrest warrants or summonses issued by the Court (A/67/828-S/2013/210). 94. The Court continued to encourage States to conclude cooperation agreements regarding the relocation of witnesses under threat, the enforcement of sentences and the interim and final release of suspects or accused. The lack of long-term solutions to address these gaps has a critical impact on the Court’s ability to function properly. 95. The Court continued its efforts to further enhance cooperation with national, regional and international judicial and law enforcement networks in support of its needs and to assist national proceedings, where appropriate, in accordance with the principle of complementarity. 96. The Court also continued to develop its interaction with regional intergovernmental organizations, including through participation by the Deputy Prosecutor, Mame Mandiaye Niang, in the thirty-seventh African Union Summit in February 2024. 97. The Registry continued its efforts to obtain sufficient funds for the trust fund used for family visits for indigent detainees and for securing relevant visas. The Court organized three family visits, in which six persons participated in total, four adults and two children. 98. With the financial support of the European Commission and other donors, the Court organized over 15 seminars and events in support of efforts to strengthen cooperation, complementarity and universality, including a high-level regional seminar in Seoul. 99. The Court greatly values the activities that civil society partners undertake to raise awareness of the Court and promote the universal ratification and full implementation of the Rome Statute, and it continued to participate in those activities. From 24 to 28 June 2024, the Court held, in hybrid format, an annual round table with non-governmental organizations. 100. The Office of the Prosecutor further intensified its engagement with civil society organizations from situation countries, including by appointing a civil society organization focal point and engaging in regular consultations on thematic priorities. The Office held its most recent thematic round table event for civil society organizations on the trauma-informed approach to investigations and prosecutions, and it also held a dedicated session with civil society organization partners on the development of a new structured dialogue with civil society in line with its new Policy on Complementarity and Cooperation. III. Institutional developments A. Treaty matters 101. Armenia ratified the Rome Statute on 14 November 2023, becoming the 124th State party. 102. Four States accepted or ratified the amendment to article 124 of the Rome Statute, bringing the total number of States Parties having accepted or ratified this amendment to 23. Six States accepted or ratified the amendment to article 8 regarding A/79/198 24-14914 18/19 the use of weapons that use biological agents or toxins, bringing the total number of States parties having accepted or ratified the amendment to 21. Six States accepted or ratified the amendment to article 8 regarding the use of weapons designed to injure by fragments undetectable by X-rays, bringing the total number of States parties having accepted or ratified the amendment to 19. Six States accepted or ratified the amendment to article 8 regarding the use of blinding laser weapons, bringing the total number of States parties having accepted or ratified the amendment to 19. Five States accepted or ratified the amendment to article 8 on intentionally using the starvation of civilians, bringing the total number of States parties having accepted or ratified the amendment to 17. 103. The Court continued efforts to attract all States not among the 124 parties to the Rome Statute to join the treaty as soon as possible. B. Elections 104. At its twenty-second session, the Assembly of States Parties elected Keebong Paek, Erdenebalsuren Damdin, Iulia Motoc, Haykel Ben Mahfoudh, Nicolas Guillou and Beti Hohler as judges of the Court, each for a nine-year term beginning on 11 March 2024. The Assembly also elected, by acclamation, Päivi Kaukoranta as its President for its twenty-third to twenty-fifth sessions. 105. On 11 March 2024, the Court’s judges elected Tomoko Akane as President of the Court for a three-year term, with immediate effect. Rosario Aitala and Reine Alapini-Gansou were elected First Vice-President and Second Vice-President, respectively. C. Trust Fund for Victims 106. As of July 2024, the Trust Fund for Victims had received voluntary contributions from 52 States Members of the United Nations. In 2023, it received over €5.3 million from 28 Member States, which represents an increase of 40 per cent of the income received from voluntary contributions each year. 107. As detailed in section II above, the Trust Fund continued to implement Court- ordered reparations and other programmes for the benefit of victims. Around 24,000 individuals directly benefited from these programmes in 2023, an increase of around 53 per cent compared with 2022. In all, 69 per cent of the beneficiaries were women. 108. The Board of Directors of the Trust Fund calls upon States, individuals and entities to make voluntary contributions for the benefit of victims and their families. D. Policy initiatives 109. In December 2023, the Office of the Prosecutor issued its Policy on Children and its Policy on Gender-based Crimes. Work is ongoing in relation to the promulgation of policies on crimes of slavery and on environmental crimes. 110. On 25 April 2024, the Office of the Prosecutor launched its Policy on Complementarity and Cooperation through field-based events led by the Prosecutor and the Deputy Prosecutors. The policy contains a fundamentally renewed approach to the principles at the heart of the Rome Statute, bringing the Office’s work closer to affected communities and deepening its partnerships with States, civil society and regional and international organizations. The Office’s commitment to bringing justice services closer to the affected communities is underlined, with a simultaneous focus A/79/198 19/19 24-14914 on delivering on the core investigative mandate of the Office and on increasing its ability to support the efforts of other criminal jurisdictions and accountability actors. E. Security of the Court 111. The Court’s security posture has undergone a transformative shift because of its recent work in various situations, including most prominently those of Ukraine and the State of Palestine. 112. Security of the Court and its officials was one of the highest priorities of the Court’s leadership during the reporting period in the light of the increasing external threats against the institution, in addition to pre-existing attacks, such as the arrest warrants issued by the Russian Federation against several judges and the Prosecutor of the Court on account of their performance of their independent mandates as elected officials of a multilateral judicial institution. 113. On 15 September 2023, the Court detected a cybersecurity incident potentially affecting its systems and data, which was soon confirmed to be a serious and unprecedented cyberattack exhibiting high levels of sophistication, focus, resources and persistence. As a response, the Court commissioned the services of a reputable commercial vendor to develop a blueprint for its future information technology architecture. Implementation of the blueprint is under way, with a series of projects to be carried out in the next two years aimed at better protecting the Court’s information, personnel and operations in response to a heightened threat environment. The Registrar also established a special fund for security to provide urgent additional resources for the implementation of high-level priorities set out in the blueprint. IV. Conclusion 114. The Court continued to have an extremely high workload in relation to pretrial, trial and appeal proceedings, reparations for victims and the preliminary examinations and investigations conducted by the Office of the Prosecutor on four continents, with a combined total of over 16,000 victims participating in judicial proceedings. 115. Notable developments during the reporting period included the following: one accused person was convicted, and three other trials continued in the courtrooms; a judicially ordered reparations programme was completed for the first time; the Court issued its largest ever reparation order for the benefit of victims; four new arrest warrants were issued, and one was unsealed; the Prosecutor announced that he had applied for a number of other arrest warrants; and the investigation phase was concluded in respect of two situations. In addition to the developments described in the present report, an increasing amount of confidential activity took place before the Court’s pretrial chambers. 116. The Court recognizes with gratitude the many forms of invaluable assistance provided by the United Nations system during the reporting period and is equally appreciative of the cooperation of States with its ongoing investigative, prosecutorial and judicial activities. 117. While making unprecedented progress in enforcing international law and advancing the global fight against impunity, the Court and its officials are being increasingly subjected to attacks and threats from external actors. The Court’s leadership is gravely concerned about this worrisome trend and calls upon States and the international community at large to redouble their commitment to the Court and its independence so as to enable it to carry out its mandate of justice effectively.
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United Nations A/78/322 General Assembly Distr.: General 21 August 2023 Original: English 23-16116 (E) 050923 *2316116* Seventy-eighth session Item 76 of the provisional agenda* Report of the International Criminal Court Report of the International Criminal Court Note by the Secretary-General The annual report of the International Criminal Court on its activities for 2022/23 is submitted herewith to the General Assembly in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court and paragraph 31 of General Assembly resolution 77/6. * A/78/150. A/78/322 23-16116 2/19 Report of the International Criminal Court on its activities in 2022/23 Summary The present annual report provides an update on the activities of the International Criminal Court during one of its most active periods since its establishment. Drawing on new tools and approaches, the Court has sought to effectively address the exceptionally high workload it faces across situations in the form of investigations, pretrial proceedings, trials and appeals, as well as reparations programmes for victims. Among the notable developments during the reporting period was the confirmation by the Appeals Chamber of the conviction and 25-year sentence of Dominic Ongwen for crimes against humanity and war crimes committed in northern Uganda between 1 July 2002 and 31 December 2005. The case is now at the victims’ reparation stage. With regard to the situation in Mali, the presentation of evidence in the trial of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud concluded and the Trial Chamber is deliberating on the verdict. With regard to the situation in Darfur, the trial of Ali Muhammad Ali Abd-Al- Rahman on charges of war crimes and crimes against humanity continued. This is the first trial to take place before the Court on the basis of a referral by the Security Council. With regard to the situation in the Central African Republic II, the trial of Alfred Yekatom and Patrice-Edouard Ngaïsonna and the trial of Mahamat Said Abdel Kani continued. In addition, the confirmation of charges hearing in the case of Maxime Jeoffroy Eli Mokom Gawaka is scheduled for 22 August 2023. With regard to the situation in Ukraine, arrest warrants were issued for Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova for the alleged war crimes of unlawful deportation and unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation. The Prosecutor resumed his investigations into the situations in Afghanistan, the Bolivarian Republic of Venezuela and the Philippines, following judicial decisions on the admissibility challenges presented by the States concerned. With regard to the situation in Georgia and the situation in the Central African Republic II, the Prosecutor announced the conclusion of the investigation phase. During the reporting period, the Office of the Prosecutor also continued its work with respect to the other situations that fall within its mandate. Reparations to victims continued to feature prominently in the Court’s work, with the Trust Fund for Victims implementing reparation orders in four cases. The Trust Fund is also implementing other programmes for the benefit of victims in respect of the situations in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Georgia, Kenya, Mali and Uganda, directly benefiting close to 17,000 individuals. The Court remains strongly committed to the principle of continuous improvement, including in the context of the review process initiated by the Assembly of States Parties in 2019 to strengthen the Court and as reflected in the strategic plans for 2023–2025 of the Court, the Office of the Prosecutor, the Registry and the Trust Fund for Victims, and the Strategy on Gender Equality and Workplace Culture A/78/322 3/19 23-16116 launched in December 2022, as well as other documents, such as the new Policy on the Crime of Gender Persecution of the Office of the Prosecutor. The Court is grateful for the support of the United Nations across its activities. It continued to receive highly valuable cooperation from the United Nations on a wide range of issues, notably operational assistance in the field, on a cost-reimbursable basis. The cooperation, assistance and support of States remained equally essential to the Court’s operations, particularly at a time when a number of the Court’s elected officials are facing unacceptable threats for carrying out their mandate. Court-issued public arrest warrants are outstanding against 16 individuals: (a) Democratic Republic of the Congo: Sylvestre Mudacumura, since 2012; a (b) Uganda: Joseph Kony and Vincent Otti, since 2005; (c) Central African Republic: Mahamah Nouradine Adam, since 2019; (d) Darfur: Ahmad Harun, since 2007; Omar Al-Bashir, since 2009 and 2010; Abdel Raheem Muhammad Hussein, since 2012; and Abdallah Banda, since 2014; (e) Kenya: Walter Barasa, since 2013; and Philip Kipkoech Bett, since 2015; (f) Libya: Saif Al-Islam Gaddafi, since 2011; (g) Georgia: Mikhail Mayramovich Mindzaev, Gamlet Guchmazov and David Georgiyevich Sanakoev, since 2022; (h) Ukraine: Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova- Belova, since 2023. The Court calls on States Parties and others to provide the necessary cooperation and assistance for their arrest and surrender to the Court. a The Office of the Prosecutor is in the process of verifying the reported death of Sylvestre Mudacumura (in 2019). A/78/322 23-16116 4/19 Introduction 1. The present report, which covers the period from 1 August 2022 to 31 July 2023, is submitted in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court (see A/58/874 and A/58/874/ Add.1).1 I. Update on judicial and prosecutorial activities A. Situations and cases 2. During the reporting period, the Chambers issued 534 written decisions, in addition to oral and email decisions. Some 227 hearings were held. 3. A combined total of over 15,000 victims participated in cases before the Court during the reporting period. The Court received more than 8,900 new victim application forms, including 1,083 in the Al Mahdi case (reparations), 1,320 in the Abd-Al-Rahman case, over 2,000 for the situation in Ukraine and approximately 600 in the cases related to the situation in the Central African Republic II. A total of 2,341 representation forms were received with regard to the situations in the Bolivarian Republic of Venezuela and the Philippines for processes initiated pursuant to article 18 of the Rome Statute of the International Criminal Court. The Court received follow-up information for a total of 1,300 existing applications. 1. Situation in the Democratic Republic of the Congo (a) Judicial proceedings and reparations The Prosecutor v. Thomas Lubanga Dyilo 4. Trial Chamber II remained seized of the implementation plans for symbolic collective reparations and collective service-based reparations and continued to receive progress reports from the Trust Fund for Victims pursuant to the Chamber ’s decisions of 21 October 2016, 6 April 2017 and 7 February 2019. 5. To date, 2,462 child soldiers and their families and other indirect victims have been deemed eligible for a reparations award; 872 beneficiaries are currently benefiting from service-based reparations in the form of medical treatment, psychological rehabilitation and socioeconomic support. 6. As part of the symbolic reparations award, the Trust Fund for Victims launched the construction of a building that will be used by community members for collective activities. To date, the Trust Fund has complemented around 75 per cent of the total liability of Mr. Lubanga for reparations to victims, but there is a funding gap of about $2.5 million. The Prosecutor v. Germain Katanga 7. Trial Chamber II remained seized of the implementation of its reparations order issued on 24 March 2017, wherein individual and collective reparations were granted to 297 victims of the attack on the village of Bogoro, Ituri Province. Individual reparations have been fully implemented and the implementation of collective reparations is almost complete. A ceremony to mark the end of the implementation of the reparations is planned by the Trust Fund for Victims. __________________ 1 More information on the Court’s activities can be found on its website, www.icc-cpi.int. A/78/322 5/19 23-16116 The Prosecutor v. Bosco Ntaganda 8. Trial Chamber II remained seized of the implementation of the reparations order issued on 8 March 2021. In light of its finding as to the joint liability in solidum of Mr. Ntaganda and co-perpetrators, the Chamber adopted, for the purposes of reparations in the Ntaganda case, the reparation programmes ordered in the Lubanga case, in relation to the overlapping victims and harm in both cases. 9. On 12 September 2022, the Appeals Chamber delivered its judgment on the appeals by Mr. Ntaganda and one of the legal representatives of victims against the reparations order of Trial Chamber II of 8 March 2021, partially reversing the order and remanding the matter to Trial Chamber II. 10. On 14 July 2023, Trial Chamber II delivered an addendum to the reparations order, which included, inter alia, the estimation of the approximate number of direct and indirect victims of crimes against child soldiers (3,000), the estimation of the approximate number of direct and indirect victims of the attacks (7,500), and an assessment of Mr. Ntaganda’s liability for reparations of $31,300,000. The Chamber will next rule on the draft implementation plan of the Trust Fund for Victims for the reparations awarded in this case. 11. In 2022 the Trust Fund for Victims began providing reparations to 29 former child soldiers and 45 victims of the attacks identified as priority victims. Following Trial Chamber II’s issuance of the addendum to the reparations order, preparations are under way for the Trust Fund to mobilize resources and prepare for the implementation of this large reparations programme. (b) Investigations 12. In June 2023, the Prosecutor visited the Democratic Republic of the Congo, meeting with high-level officials, survivors, affected communities and civil society organizations. He signed a memorandum of understanding with the President of the Democratic Republic of the Congo on 1 June 2023, which set a new framework for cooperation and complementarity. Following this visit, the Office of the Prosecutor deepened its engagement with authorities in the country and other stakeholders to encourage national proceedings to address serious crimes. 13. On 18 May 2023, the Government of the Democratic Republic of the Congo submitted a second referral to the Prosecutor, relating to alleged crimes under the Rome Statute committed in North Kivu Province from 1 January 2022. The Office will conduct its preliminary examination and determine whether a new investigation should be opened. 2. Situation in Uganda Judicial proceedings The Prosecutor v. Dominic Ongwen 14. On 15 December 2022, the Appeals Chamber delivered two final judgments in open court, the first confirming Trial Chamber IX’s conviction decision of 4 February 2021 and the second confirming, by majority, Trial Chamber IX’s sentencing decision of 6 May 2021, which imposed a sentence of 25 years of imprisonment on Mr. Ongwen. 15. On 16 December 2022, Trial Chamber IX issued a decision instructing the Registry to extract from the universe of 4,096 victims a random but representative sample constituted of 205 victims, to proceed in a similar fashion as Trial Chamber II had in the Ntaganda case at the reparations stage. On 9 January 2023, the Registry A/78/322 23-16116 6/19 submitted the sample, which was subsequently approved by Trial Chamber IX as sufficiently representative of the universe of potential victims. The Prosecutor v. Joseph Kony and Vincent Otti 16. On 24 November 2022, the Prosecutor requested Pre-Trial Chamber II to hold a hearing on the confirmation of charges against Mr. Kony (for whom a warrant of arrest was issued in 2005) in his absence, pursuant to article 61, paragraph 2 (b), of the Rome Statute. On 30 March 2023, the Office of Public Counsel for Victims and the Office of Public Counsel for the Defence submitted observations. 17. On 1 December 2022, Pre-Trial Chamber II rejected the Prosecution’s request to terminate the proceedings against Mr. Otti on account of his death, on grounds that his alleged killing had not been established. 3. Situation in the Central African Republic I and situation in the Central African Republic II (a) Judicial proceedings The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona 18. The Prosecution’s presentation of evidence, which commenced on 15 March 2021, continued. To date, the Chamber has heard the testimony of 72 out of a total of an anticipated 79 witnesses called by the Prosecution. On 29 May 2023, the Chamber directed the Defence to indicate by 25 August 2023 whether it intended to present evidence. If the Defence responds in the affirmative, it is to call its first witness on 11 December 2023. The Prosecutor v. Mahamat Said Abdel Kani 19. The Prosecution’s presentation of evidence commenced on 26 September 2022. The Prosecution is expected to call 58 witnesses to testify and was authorized to introduce into evidence the prior recorded testimony of 24 witnesses, pursuant to rule 68, paragraph 2, of the Court’s Rules of Procedure and Evidence. As at the end of the reporting period, the Prosecution had called 16 witnesses. 20. Since February 2023 there have been no trial hearings owing to Mr. Said’s medical condition. Trial Chamber VI is monitoring the situation and will resume the trial whenever possible. The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka 21. Proceedings for the confirmation of the charges have been ongoing since Mr Mokom’s surrender on 14 March 2022. On 19 December 2022, the Appeals Chamber confirmed, by majority, Pre-Trial Chamber II’s decision to remove Mr. Mokom’s counsel of choice owing to an impediment to representation or a conflict of interest. 22. On 3 February 2023, following the appointment of permanent counsel for Mr. Mokom, Pre-Trial Chamber II postponed the commencement of the confirmation of charges hearing, which was initially scheduled to commence on 31 January 2023, to 22 August 2023. 23. Between September 2022 and June 2023, the Chamber held two status conferences and issued a large number of decisions on procedural matters, addressing in particular victims’ representation and participation, disclosure and related issues. On 9 March 2023, the Prosecution submitted the document containing the charges. A/78/322 7/19 23-16116 24. On 8 March 2023, Pre-Trial Chamber II rejected Mr. Mokom’s request for interim release, in the absence of a State willing to accept him and to implement any conditions suitable to mitigate any risk of flight. On 19 April 2023, Pre-Trial Chamber II ordered the Registry to assist the Defence in identifying such a State. (b) Investigations 25. On 16 December 2022, the Prosecutor announced the conclusion of the investigation phase in the situation in the Central African Republic II. The Office of the Prosecutor is not pursuing new lines of inquiry into the alleged criminal responsibility of other persons or in relation to other conduct in the situation beyond the cases before the Court. The Office continued to cooperate with the authorities of the Central African Republic, share information with the Special Criminal Court in Bangui and engage on matters of common interest aimed at closing the impunity gap. 4. Situation in Darfur (a) Judicial proceedings The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) 26. The trial of Mr. Abd-Al-Rahman, which commenced on 5 April 2022, continued in 2022. The Prosecution concluded its presentation of evidence, in which 56 witnesses were heard and written statements of an additional 25 witnesses and more than 1,200 items of evidence were submitted. On 19 April 2023, Trial Chamber I rejected the Defence’s request for a motion of acquittal. From 5 to 7 June the victims’ legal representatives made their opening statements and called witnesses and victims, who appeared in court. On 7 July, the Chamber granted a second Defence request for postponement of the commencement of its case, which is now scheduled to start on 16 October 2023. 27. On 28 June 2023, the Appeals Chamber, by majority, confirmed Trial Chamber I’s decision of 17 February 2023 recognizing the admission of a video of Mr. Abd-Al- Rahman into evidence. 28. On 17 July 2023, the Appeals Chamber, by majority, dismissed the Defence’s request for reconsideration of the Appeals Chamber’s judgment of 1 November 2021 confirming Pre-Trial Chamber II’s decision of 17 May 2021 that rejected the Defence’s jurisdictional challenge of 15 March 2021. (b) Investigations 29. In addition to its prosecution case in the trial of Mr. Abd-Al-Rahman, the Office of the Prosecutor continued to advance investigations in relation to suspects at large, despite very limited cooperation from the Sudanese authorities. The outbreak of fighting across the Sudan, including Darfur, continues to pose additional challenges to the Office’s investigations. 30. On 26 January and 13 July 2023, pursuant to Security Council resolution 1593 (2005), the Prosecutor briefed the Security Council on the situation in Darfur, detailing the progress in the case of Mr. Abd-Al-Rahman, addressing the armed hostilities that have prevailed in the Sudan since April 2023 and outlining the significant challenges his Office has encountered in receiving cooperation from the Government of the Sudan. In his briefing in July 2023, the Prosecutor confirmed that he had commenced investigations in relation to incidents occurring in the context of the present hostilities, in accordance with the mandate of his Office pursuant to resolution 1593 (2005). A/78/322 23-16116 8/19 5. Situation in Kenya Judicial proceedings The Prosecutor v. Paul Gicheru 31. On 14 October 2022, Trial Chamber III terminated the proceedings against Mr. Gicheru following the confirmation of his passing. 6. Situation in Libya (a) Judicial proceedings 32. On 7 September 2022, Pre-Trial Chamber I terminated proceedings against Mr. Al-Tuhamy Mohamed Khaled following the Prosecution’s submission of the notification of the death of Mr. Al-Tuhamy and request to withdraw the arrest warrant, dated 2 August 2022, to which it annexed a copy of a death certificate issued by the Libyan authorities. (b) Investigations 33. The Office of the Prosecutor continued to implement its investigative strategy across multiple lines based on its assessment of progress achieved in the investigation as well as continued challenges. The Office undertook missions to Libya and other countries while strengthening cooperation and engagement with States, international organizations and civil society organizations. On 7 September 2022, the Office became a formal member of the joint team supporting investigations into crimes against migrants and refugees in Libya. In October 2022, two key suspects were arrested and extradited to partner countries of the joint team as part of an operation supported by the Office. 34. On 9 November 2022 and 11 May 2023, pursuant to Security Council resolution 1970 (2011), the Prosecutor briefed the Council on the situation in Libya, detailing the progress made as a result of his Office’s renewed approach to the situation. The Prosecutor’s briefing of 9 November marked the first time he presented to the Council from Libya. The briefing was conducted virtually while the Prosecutor was on an official visit to various parts of the country with the aim of strengthening engagement both with Libyan authorities and victims’ groups. 7. Situation in Côte d’Ivoire Investigations 35. The Office of the Prosecutor continued its efforts to secure cooperation from national authorities and other stakeholders to assist in accelerating the ongoing investigations into crimes allegedly committed between December 2010 and June 2011 in the context of post-electoral violence. 8. Situation in Mali (a) Judicial proceedings and reparations The Prosecutor v. Ahmad Al Faqi Al Mahdi 36. Trial Chamber VIII remained seized of the implementation of its reparations order issued on 17 August 2017, wherein individual, collective and symbolic reparations for the community of Timbuktu were granted. 37. The Trust Fund for Victims provided individual awards in the form of compensation to 1,450 victims of the attacks against religious and historic buildings carried out in June and July 2012. In 2022, together with the United Nations A/78/322 9/19 23-16116 Educational, Scientific and Cultural Organization, the Trust Fund launched the implementation of collective awards for the restoration of cultural heritage in Timbuktu. The awards provide for commemorations that address the moral harm caused to the community and the building of a facility for socioeconomic activities to address the damage caused to the economy as a result of the destruction of its cultural heritage. The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud 38. The Defence’s presentation of evidence concluded on 6 February 2023 and Trial Chamber X subsequently declared the submission of evidence closed. In total, the Chamber heard the in-court testimony of 76 witnesses and received the evidence of 31 witnesses, pursuant to rule 68, paragraph 2, of the Court’s Rules of Procedure and Evidence. Closing statements were delivered from 23 to 25 May 2023. The Chamber is deliberating on its judgment. (b) Investigations 39. The Office of the Prosecutor continued its activities related to this situation, including those concerning the Al Hassan case, and monitored developments and incidents on the ground, including reports of atrocity crimes. The Office has been seeking to explore further options to reinforce the impact of its activities with respect to the situation in Mali, including by developing synergies with the Malian national justice system and other partners within the framework of complementarity. 9. Situation in Georgia Investigations 40. On 16 December 2022, the Prosecutor announced the conclusion of the investigation phase of the situation in Georgia. The Office of the Prosecutor will not pursue new lines of inquiry into the alleged criminal responsibility of other persons or in relation to other conduct in the situation beyond the case pending before the Court. The Office focused its efforts on ensuring trial readiness in relation to the existing warrants and on preserving witness evidence, including in accordance with article 56 of the Rome Statute. The Office is also monitoring developments in the context of suspect tracking. 10. Situation in Burundi Investigations 41. The Office of the Prosecutor continued its investigation, conducting missions to a number of countries. The investigation advanced steadily following the Office’s comprehensive analysis of the evidence collected since the start of the investigation and benefited from the cooperation of States, United Nations entities and non-governmental organizations. 11. Situation in Afghanistan (a) Judicial proceedings 42. On 31 October 2022, Pre-Trial Chamber II authorized the Prosecution to resume its investigation into the situation in Afghanistan, pursuant to article 18, paragraph 2, of the Rome Statute. The Chamber found, inter alia, that the information presented did not show that Afghanistan had investigated or was investigating the alleged crimes in a manner that would cover the full scope of the Prosecution’s intended investigation and that would justify even a partial deferral. A/78/322 23-16116 10/19 43. On 4 April 2023, the Appeals Chamber issued a judgment amending Pre-Trial Chamber II’s decision of 31 October 2022 in order to align it with the scope of the Prosecutor’s investigation in relation to alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan and are sufficiently linked to the situation and were committed on the territory of other States Parties in the period since 1 July 2002, as previously determined by the Appeals Chamber in its judgment of 5 March 2020. (b) Investigations 44. Following the authorization granted by the Pre-Trial Chamber in October 2022, the Office of the Prosecutor resumed investigative activities, with a focus on identifying and interviewing witnesses, collecting relevant documentary evidence, identifying and analysing representative incidents and further refining the case hypotheses. The Office has further worked to galvanize cooperation from States, international organizations and civil society organizations. 12. Situation in Bangladesh/Myanmar Investigations 45. The Office of the Prosecutor continued its investigation, conducting regular missions, collecting and analysing evidence and carrying out initiatives aimed at strengthening engagement and cooperation with partners in the region. The investigation into this situation included the conduct of interviews with witnesses in Bangladesh, drawing on the almost permanent presence of investigators in the country. The Office engaged with government ministries in Bangladesh, diplomats, United Nations entities and non-governmental organizations to request assistance and inform them of developments. The Prosecutor conducted an official visit to Bangladesh from 3 to 7 July 2023, meeting with civil society and survivors from the Rohingya community in Cox’s Bazar and with high-level officials in Dhaka. 13. Situation in the State of Palestine Investigations 46. The Office of the Prosecutor continued its investigation in line with its independent mandate and in a manner that ensured the preservation of the integrity of the process and the safety and security of all of those involved. The investigation encompasses conduct that might amount to crimes under the Rome Statute committed since 13 June 2014 in Gaza and the West Bank, including East Jerusalem. The Office continued to collect, preserve and analyse information, communications and evidence from key stakeholders, including civil society organizations and various national and international sources. 14. Situation in the Philippines (a) Judicial proceedings 47. On 26 January 2023, Pre-Trial Chamber I authorized the Prosecution to resume its investigation, pursuant to article 18, paragraph 2 of the Rome Statute. The Chamber determined that the domestic initiatives and procedures relied on by the Philippines did not amount to tangible, concrete and progressive investigative steps carried out with a view to conducting criminal proceedings, in a way that would sufficiently mirror the Court’s investigation as authorized by the Chamber in its decision of 15 September 2021 under article 15 of the Rome Statute. A/78/322 11/19 23-16116 48. On 21 March 2023, the Appeals Chamber issued a decision on the involvement of victims in the appeal by the Philippines against Pre-Trial Chamber I’s decision of 26 January 2023, and on a request by the Office of Public Counsel for Victims. On 27 March 2023, the Appeals Chamber rejected the request of the Philippines for suspensive effect. 49. On 18 July 2023, the Appeals Chamber confirmed, by majority, Pre-Trial Chamber I’s decision of 26 January 2023. (b) Investigations 50. Following the decision of Pre-Trial Chamber I of 26 January 2023, the Office of the Prosecutor resumed its planning and investigative activities, while at the same time engaging in litigation before the Chamber following the appeal lodged by the authorities of the Philippines. 15. Situation in the Bolivarian Republic of Venezuela I (a) Judicial proceedings 51. On 27 June 2023, Pre-Trial Chamber I authorized the Prosecution to resume its investigation into the situation in the Bolivarian Republic of Venezuela I, pursuant to article 18, paragraph 2, of the Rome Statute. The Chamber determined that, while the State was taking some investigative steps, its criminal proceedings did not sufficiently mirror the scope of the Prosecution’s intended investigation as they did not cover the factual allegations underlying the contextual elements of crimes against humanity, and its domestic investigations appeared limited and generally focused on direct and low-level perpetrators and did not sufficiently address the forms of criminality the Prosecution intended to investigate. 52. On 12 July 2023, the Appeals Chamber, in the appeal of the Bolivarian Republic of Venezuela against Pre-Trial Chamber I’s decision of 27 June 2023, extended the deadline for the filing of the appeal brief to 14 August 2023. (b) Investigations 53. The Office of the Prosecutor continued to engage with the Venezuelan authorities within the framework of the memorandum of understanding signed by the Office and the Government of the Bolivarian Republic of Venezuela in November 2021 to promote cooperation and complementarity. In June 2023 the Prosecutor conducted a third official visit to the country where he signed a second memorandum of understanding establishing, among others, the legal and operational framework for the establishment of an in-country office for his Office. 54. Following the 27 June 2023 ruling by Pre-Trial Chamber I, the Office of the Prosecutor resumed its planning and investigative activities while remaining committed to the terms and spirit of the above-mentioned memorandums of understanding. 16. Situation in Ukraine (a) Judicial proceedings 55. On 17 March 2023, Pre-Trial Chamber II issued warrants of arrest against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova for the alleged war crimes of unlawful deportation and the unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation, under article 8, paragraph 2 (a) (vii), and article 8, paragraph 2 (b) (viii), of the Rome Statute. The crimes were allegedly committed in Ukrainian occupied territory from at least 24 February 2022. A/78/322 23-16116 12/19 (b) Investigations 56. The Office of the Prosecutor continued its investigation during the reporting period, engaging actively and maintaining a near constant presence on the ground in Ukraine and the region. The Office engaged in cooperation and coordination efforts with a variety of domestic and international stakeholders, including States parties, notably in the context of the joint investigation team established under the auspices of the European Union Agency for Criminal Justice Cooperation, and international and regional organizations. Following the issuance of the two arrest warrants by the Court, the Office continued to develop multiple, interconnected lines of investigation, building on the cooperation with the Ukrainian Prosecutor-General’s office and other domestic authorities. The Registry and the Office of the Prosecutor worked with Ukrainian authorities to establish a country office of the Court in Ukraine on the basis of an agreement signed between the Court and Ukraine on 23 March 2023. B. Preliminary examinations 57. As at the end of the reporting period, the Office of the Prosecutor was seized of three preliminary examinations, in relation to the following situations: Nigeria, Venezuela (Bolivarian Republic of) II and Democratic Republic of the Congo II. The preliminary examination of the situation in Nigeria was completed and the Office engaged with domestic authorities on the next immediate steps to be taken. The preliminary examination of the situation in the Bolivarian Republic of Venezuela II was at the advanced stage of analysis. In relation to the situation in the Democratic Republic of the Congo II, the Office will conduct a preliminary examination in order to assess, as a preliminary matter, whether the scope of the situation is sufficiently linked to the scope of the existing situation in the Democratic Republic of the Congo to constitute a single situation. 58. The Office continued to review its policy on preliminary examinations and make efforts to optimize its internal processes and enhance synergies between preliminary examinations and investigations, which are now fully integrated, in accordance with the Office’s organizational structure. C. Other situations 59. In June 2023 the Prosecutor conducted a second official visit to Colombia, to receive firsthand information on the authorities’ ongoing accountability efforts and to continue efforts to ensure the effective implementation of the cooperation agreement signed by the Office of the Prosecutor and the Government of Colombia in November 2021. To this end, an action plan was signed between the Office of the Prosecutor and the Government of Colombia to facilitate enhanced implementation of the cooperation agreement and of a complementary workplan with the Special Jurisdiction for Peace, which will facilitate, inter alia, the provision of support in the near term with respect to the investigation and prosecution of sexual and gender-based crimes. 60. In relation to Guinea, the Prosecutor undertook a visit to Conakry at the end of September 2022, continuing the extensive and constructive engagement of his Office with the Guinean authorities. On the occasion of the visit and the opening of the domestic trial related to the events of 28 September 2009 in Conakry, the Prosecutor and the President of the Transition signed a memorandum of understanding aimed at furthering the principle of complementarity and strengthening future cooperation in pursuit of justice. On that basis, the Prosecutor decided to close the preliminary examination in Guinea. During the reporting period, the Office of the Prosecutor A/78/322 13/19 23-16116 continued to engage with the national authorities and relevant stakeholders in the context of the implementation of the memorandum of understanding. II. International cooperation A. Cooperation with the United Nations 1. General cooperation with United Nations Headquarters and entities present in the field 61. The Court continued to receive crucial cooperation and support from the United Nations and its senior leadership, in line with the 2004 Relationship Agreement. 62. The Court principals valued the constructive bilateral meetings held throughout the reporting period with United Nations officials, including the Under-Secretary- General for Legal Affairs and United Nations Legal Counsel, the Under-Secretary- General for Political and Peacebuilding Affairs, the Under-Secretary-General for Safety and Security, the Under-Secretary-General for Management Strategy, Policy and Compliance, the United Nations High Commissioner for Human Rights and several special advisers and special representatives of the Secretary-General. The meetings were aimed at reinforcing and clarifying existing parameters for cooperation and initiating discussions on new domains of cooperation. 63. The Court recognizes the critical role of the Under-Secretary-General for Legal Affairs as the interface between the Court and the United Nations, in particular for the transmission and coordination of judicial cooperation requests. The Court continued to provide funding to the United Nations for a post in the Office of Legal Affairs, at the P-3 level, to handle requests for assistance and cooperation from the Court while ensuring full respect for the independent mandates of the Court and the United Nations. The Court also continued to reimburse the staffing costs associated with a post at the P-2 level in order to support the significantly increased workload arising from the Court’s requests. 64. The Court’s liaison office to the United Nations continued to promote and facilitate cooperation between the two organizations, represent the Court in various meetings, apprise the Court of relevant developments at the United Nations and facilitate and support meetings between officials of the two organizations. The liaison office also continued to act as a key contact point between the Court and permanent missions to the United Nations, especially of those countries without representation in The Hague. 65. The Court continued to benefit from the cooperation of various United Nations system entities, departments and offices, and special advisers and representatives of the Secretary-General, including those present in the field, in accordance with their mandate and with the agreement of host States. The Court highly appreciates such cooperation, which is essential to its operations. The Court’s offices in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Georgia, Mali and Uganda played an important role by liaising with United Nations entities in this respect. This support will also be invaluable as the Court is currently undertaking to open offices in a number of new countries. In this context, an important development took place on 7 October 2022, when the Court and the United Nations Development Programme (UNDP) signed a framework agreement for the provision of support services, which facilitates the provision of operational support from UNDP to the Court, including UNDP country offices in geographical areas of relevance. 66. The Registry of the Court continued to receive, with appreciation, support from the United Nations for the deployment of Court personnel throughout the many A/78/322 23-16116 14/19 countries in which it operates. In this context, 2023 saw continued requests for operational support relating to situations in various geographical locations (namely, Bangladesh, Colombia, the Central African Republic, Chad, the Democratic Republic of the Congo, Libya, Mali and the Sudan) and for support for several actors and participants in the proceedings (Defence teams, Office of the Prosecutor, legal representatives of victims and staff of the Trust Fund for Victims). A total of 70 missions received support from the United Nations. The Court is looking into alternative ways to support its operations in Mali in light of the termination of the mandate of the United Nations Multidimensional Integrated Stabilization Mission in Mali. 67. The Court continued to cooperate with United Nations common system organizations by participating in inter-agency meetings on facilities management, travel and security. The country offices and the Court’s liaison office at the United Nations in New York also benefited from coordination in administrative and management areas across the United Nations system. As a participant in the United Nations security management system, the Court relied on the United Nations for services such as transportation, radio and video communication, medical assistance, security briefings, and security training on a reimbursable basis. The Court also continued engaging with the High-Level Committee on Management. 68. Since 2019, the Court has been a participating organization in the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations Applying the United Nations Common System of Salaries and Allowances. During the reporting period, four of the Court’s staff members were on loan and five were on secondment to other international organizations, and six transferred to other organizations under the Agreement. One United Nations staff member is currently on loan and another is on secondment to the Court. The Court also received six staff members on transfer from other international organizations. 69. The Senior Legal Adviser of the Registry and the Director of the Secretariat of the Assembly of States Parties attended a meeting of the United Nations Legal Advisers Network in Rome from 15 to 17 May 2023. 2. Mainstreaming the International Criminal Court in the United Nations system 70. The Court greatly appreciates the support for its activities expressed in resolutions, declarations and other documents adopted by the General Assembly, the Security Council and other United Nations organs, committees and commissions. The Court also values opportunities for its senior officials to participate in United Nations meetings on themes and situations of relevance to its mandate. 71. National jurisdictions have the primary responsibility to investigate and prosecute crimes under the Rome Statute. With that in mind, the Court encourages the inclusion of capacity-building elements in legal and judicial reform programmes supported by the United Nations as part of its rule of law development assistance, such as by incorporating into national law the crimes and principles of the Rome Statute, establishing or enhancing national processes for cooperation with the Court and training legal professionals on the investigation and prosecution of international crimes, in particular as part of the mandate to support justice and corrections institutions in post-conflict settings. The Court is open to collaboration with the United Nations in this context. By way of example, its country office in the Central African Republic has engaged with the United Nations to promote justice as a key foundation to lasting peace, with the support of the Secretary-General’s Peacebuilding Fund. 72. The Court supported the organization of the event held by the Assembly of States Parties on 17 July 2023 at United Nations Headquarters in New York to A/78/322 15/19 23-16116 commemorate the twenty-fifth anniversary of the Rome Statute and coordinated with the United Nations social media focal points to amplify related content, including a special video and other content related to the #MoreJustWorld digital campaign. At the Court’s request, United Nations entities publicized the exhibition “Common bonds: From the Rome Conference to today”, marking the twenty-fifth anniversary of the Rome Statute, by posting photographs and publicity on their global platforms. In the second half of 2022, the Court coordinated with the United Nations to continue publicizing stories of survivors of serious crimes profiled in its “Life After Conflict” photo exhibit, which was on display at United Nations Headquarters in July 2022. As in previous years, the Court marked United Nations international observance days with statements and social media posts and shared this content, as well as additional content related to Sustainable Development Goal 16 on peace and justice, with the United Nations social media focal points for amplification. These focal points also offered the Court advice on communications challenges and opportunities as they unfolded. The Court is grateful to the United Nations for its communications support. 3. Cooperation with the Security Council 73. The Court and the Security Council have different yet complementary roles in addressing the gravest crimes of concern to the international community, which have the potential to destabilize international peace and security. The Council’s prerogative to refer a situation to the Court can help promote accountability in situations where grave crimes may have been committed but where the Court lacks jurisdiction. This is demonstrated in concrete terms by the trial of Mr. Abd-Al-Rahman, which continued during the reporting period and represents the first trial to take place at the Court based on a referral by the Council. 74. Where the Council has made a referral, active follow-up is necessary to ensure cooperation, especially for the arrest and surrender of individuals for whom the Court has issued arrest warrants. Following the Darfur and Libya referrals, the Court has communicated to the Council a total of 16 findings of non-cooperation in respect of a State. The Council has not responded to these communications in substantive form. 75. As noted above, the Prosecutor’s biannual briefings to the Security Council on the situations in Darfur and Libya provided opportunities to inform the Council and the United Nations membership of progress and challenges related to his Office’s investigations and of the importance of cooperation, including with regard to the outstanding arrest warrants. In addition, in September 2022, the Prosecutor briefed the Council in relation to developments in the situation in Ukraine. 76. The Court believes that, building on past exchanges, the dialogue between the Court and the Security Council on matters of mutual interest, both thematic and situation-specific, can be enhanced further, with a view to strengthening synergies between the mandates of both entities. 77. The Court is grateful for the support of the Security Council, which the States parties to the Rome Statute serving on the Council play a key role in securing. The Office of the Prosecutor has benefited from formal and informal exchanges and from the strong support expressed, in part, at media stakeouts held after the Prosecutor ’s briefings by the Court’s focal points in the Council on behalf of those Council members that are also States parties. The Registrar also received such support during his mission to New York in June 2023. 78. On 18 July 2023, the President of the Assembly of States Parties and the Executive Director of the Trust Fund for Victims briefed the Security Council during an Arria formula meeting entitled “25th Anniversary of the Rome Statute: The Contribution of the International Criminal Court to the Maintenance of International Peace and Security”. A/78/322 23-16116 16/19 B. Cooperation with and assistance from States, other international organizations and civil society 79. States continued to provide highly valuable assistance in relation to investigations and prosecutions including with respect to arrests, identification and recovery of assets, provision of documents and facilitation of missions of the Court on their territory. 80. During the reporting period, the Registry transmitted 536 requests for visas to States and 300 primary requests for cooperation to States parties, other States and international and regional organizations, in addition to following up on pending requests apart from operational support requests sent by country offices. 81. The Office of the Prosecutor continued its efforts to enhance cooperation with partners, including by increasingly incorporating the use of technology and intelligence-led actions. The Office transmitted 458 requests for assistance (including 125 notifications for mission) to States Parties, States not parties, international and regional organizations and other public or private entities, and followed up on the execution of pending requests. The Office also received 22 incoming requests for cooperation under article 93, paragraph 10, of the Rome Statute. 82. In addition to transmitting its own requests and requests on behalf of Chambers, the Registry requested the assistance of States to support the investigative activities of Defence teams, including by giving them access to documents or potential witnesses, and to facilitate visits of detainees’ families to the Court’s detention centre by issuing visas. States were also requested to provide assistance for reparations proceedings, including by identifying the whereabouts of victims and by supporting the activities of the Trust Fund for Victims. All these forms of assistance are appreciated as contributing to the efficiency and fairness of the Court’s proceedings. 83. As demonstrated by the list of outstanding arrest warrants in the summary of the present report, the arrest and surrender of individuals subject to the Court’s warrants remains a critical challenge. The Court reiterates the importance it attaches to the Secretary-General’s guidance on contacts with persons who are the subject of arrest warrants or summonses issued by the Court (A/67/828-S/2013/210). 84. The Court continued to encourage States to conclude cooperation agreements with it regarding the relocation of witness under threat, the enforcement of sentences, and the interim and final release of suspects or accused. One new agreement was concluded with Belgium on the release of persons on 7 July 2023. 85. The Registry and the Office of the Prosecutor continued efforts to further enhance cooperation with national, regional and international judicial and law enforcement networks in support of the Court’s needs, and to assist national proceedings, where appropriate, in accordance with the principle of complementarity. 86. These efforts have produced tangible results, notably the strengthening of relations between the Office of the Prosecutor and the African Union following the Prosecutor’s participation in the thirty-fifth and thirty-sixth African Union summits in Addis Ababa. The attendance of the Prosecutor at the ninth summit of the Association of Caribbean States, held in May 2023 in Antigua, Guatemala, also served to enhance cooperation with States in the region. 87. The Registry and the Office of the Prosecutor also continued to work closely together within the inter-organ working group on arrest strategies to devise and implement strategies to facilitate the arrest of suspects, as well as to develop a network of partners to foster information exchange and cooperation in the identification, freezing and seizure of assets. A/78/322 17/19 23-16116 88. On 23 June 2023 the Registry organized a hybrid meeting with States from the Group of Latin American and Caribbean States on framework cooperation agreements, with the participation of representatives of embassies and experts from capitals. Lastly, the Registry continued its efforts to obtain sufficient funds for the trust fund it relies on to ensure family visits for indigent detainees. The Court organized six family visits, in which a total of 18 persons participated (10 adults and 8 children). Six States made generous donations to the trust fund during the reporting period. 89. With the financial support of the European Commission and other donors, the Court organized over 15 seminars and events in support of efforts to strengthen cooperation, complementarity and universality, including a second high-level virtual seminar for judges in the Asia-Pacific region, a training on witness protection for victims of conflict related sexual violence in Ukraine, a seminar for national cooperation for focal points from the ministries of justice of countries with situations subject to the jurisdiction of the Court and the fifth Asia-Pacific Forum of the Hague. 90. The Court continued to develop its interaction and cooperation with international and regional organizations as key partners for promoting universal ratification and full national implementation of the Rome Statute, raising awareness of the Court’s work, enhancing cooperation and promoting wider geographical representation within the Court’s staff. 91. The Court greatly values the activities that civil society partners undertake to raise awareness of the Court and promote the universal ratification and full implementation of the Rome Statute, and it continued to participate in those activities. From 19 to 23 June 2023, the Court held, in hybrid format, an annual round table with non-governmental organizations. In addition, the Office of the Prosecutor organized two thematic round tables on crimes against and affecting children and gender persecution with civil society organizations from countries with situations subject to the jurisdiction of the Court. The round tables included discussions of the newly launched policy of the Office of the Prosecutor on the crime of gender persecution, which strengthens the basis on which the Office can advance the fight against impunity for sexual and gender-based crimes. III. Institutional developments A. Treaty matters 92. Two States accepted or ratified the amendment to article 8 of the Rome Statute adopted in 2010, bringing the total number of States parties having accepted or ratified the amendment to 45. Two States accepted or ratified the amendment on the crime of aggression, bringing the total number of States parties having accepted or ratified the amendment to 45. One State accepted or ratified the amendment to article 124, bringing the total number of States parties having accepted or ratified the amendment to 19. Three States accepted or ratified the amendment to article 8 regarding the use of weapons that use biological agents or toxins, bringing the total number of States parties having accepted or ratified the amendment to 15. Three States accepted or ratified the amendment to article 8 regarding the use of weapons designed to injure by fragments undetectable by X-rays, bringing the total number of States parties having accepted or ratified the amendment to 13. Three States accepted or ratified the amendment to article 8 regarding the use of blinding laser weapons, bringing the total number of States parties having accepted or ratified the amendment to 13. Four States accepted or ratified the amendment to article 8 on intentionally A/78/322 23-16116 18/19 using the starvation of civilians, bringing the total number of States parties having accepted or ratified the amendment to 12. 93. The Court continued efforts to attract all States not among the 123 parties to the Rome Statute to join the treaty as soon as possible. B. Elections 94. On 10 February 2023, the judges of the Court elected by secret ballot Osvaldo Zavala Giler as Registrar for a period of five years by an absolute majority. Mr. Zavala Giler, a national of Ecuador, commenced his term on 17 April 2023, succeeding Peter Lewis. C. Trust Fund for Victims 95. As detailed in section II above, the Trust Fund for Victims continued implementing Court-ordered reparations in four cases, and it participated in the reparations proceedings in the Ongwen case. 96. The Trust Fund also implemented other programmes to benefit victims through the provision of medical treatment, psychological rehabilitation, socioeconomic support, education and peace-building activities. Those programmes were implemented for the benefit of victims in the situations in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Georgia, Kenya, Mali and Uganda, all under the jurisdiction of the Court. The programmes in Georgia and Kenya were launched at the beginning of 2023. Close to 17,000 individuals directly benefited from reparations programmes in 2022. The Trust Fund worked with locally based international organizations and local organizations to implement reparations activities. 97. In its resolution 77/6 of 2 November 2022 the General Assembly encouraged States to contribute to the Trust Fund for Victims. In 2022, the Trust Fund received over €3.8 million in voluntary contributions from 32 States parties, which enabled it to continue its activities in 2023. The Trust Fund calls upon the General Assembly to continue to call on States, individuals and entities to make voluntary contributions for the benefit of victims and their families. 98. In line with the 2020 report of the Independent Expert Review, the Trust Fund’s Board of Directors initiated a series of reforms to strengthen the fundraising capacity, visibility and effective management of the secretariat of the Trust Fund for Victims, which has been led by a new Executive Director since 1 May 2023, following a competitive recruitment process. D. Launch of strategic plans for 2023–2025 99. On 14 June 2023, the strategic plans for 2023–2025 of the Court, the Office of the Prosecutor, the Registry and the Trust Fund for Victims were launched, marking the first time all four strategic plans have been developed and adopted concurrently, following the same three-year cycle. This underscores the Court’s commitment to the “one Court principle” and strengthens the Court’s relationship with the Trust Fund for Victims by promoting greater synergies while upholding the independence of the organs involved in judicial proceedings. During the process of elaborating the strategic plans, the Court benefited from the input provided by its staff as well as by States parties and civil society organizations. A/78/322 19/19 23-16116 100. Building on the achievements made during the previous strategic cycle and taking into account the recommendations of the Independent Expert Review, the four strategic plans aim to drive further progress in the 2023–2025 period. The introduction of key performance indicators and a strategic framework will enable the Court to better demonstrate how the performance of each organ and the Trust Fund for Victims contributes to shared, overarching goals. The Court’s strategic plan reaffirms its pledge to act with integrity and acknowledges the crucial role of the Court’s staff in the achievement of its mission. In December 2022, the Court also launched a comprehensive Court-wide Strategy on Gender Equality and Workplace Culture, the first of its kind adopted by an international court or tribunal. 101. Through the development of the strategic plans, the Court identified key additional resources required to meet core strategic objectives, as reflected in the proposed programme budget for 2024 recently transmitted by the Court to the Assembly of States Parties. IV. Conclusion 102. The reporting period marked a particularly active year for the International Criminal Court, including significant activities in pretrial, trial and appeals proceedings and in the implementation of reparations, as well as the investigations and preliminary examinations conducted by the Office of the Prosecutor with respect to situations on four continents. Among the notable developments were the confirmation of a conviction and sentence on appeal; the conclusion of the presentation of evidence in one trial and the progress of three other trials in the courtrooms; the issuance of two new arrest warrants; and the conclusion of one preliminary examination. The Trust Fund for Victims implemented court-ordered reparations to victims in four cases and conducted other projects in several countries, benefiting close to 17,000 victims. 103. The Court recognizes with gratitude the many forms of important assistance provided by the United Nations system during the reporting period and is equally appreciative of the cooperation of States with its ongoing investigative, prosecutorial and judicial activities. Furthermore, the Court highly appreciates the numerous vocal statements of support expressed by States and other international actors in high-level forums, such as the General Assembly and the Security Council. Such support is particularly important at a time when officials of the Court have come under attack for carrying out their mandates. The Court looks forward to further strengthening its relations with all stakeholders as it seeks to enhance the delivery of justice under its mandate set out in the Rome Statute. United Nations A/79/198 General Assembly Distr.: General 19 August 2024 Original: English 24-14914 (E) 050924 *2414914* Seventy-ninth session Item 74 of the provisional agenda* Report of the International Criminal Court Report of the International Criminal Court Note by the Secretary-General The annual report of the International Criminal Court on its activities for 2023/24 is submitted herewith to the General Assembly in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court and paragraph 31 of General Assembly resolution 78/6. * A/79/150. A/79/198 24-14914 2/19 Report of the International Criminal Court on its activities in 2023/24 Summary During the reporting period, the International Criminal Court made significant contributions to the global fight against impunity for the most serious crimes of concern to the international community as a whole. Drawing on new tools and approaches, the Court is addressing the unprecedented demand for its work in the form of investigations, pretrial proceedings, trials and appeals, as well as reparation programmes for victims, carrying out extensive activities in highly challenging operational environments and fragile security situations in ongoing conflict zones. Among the notable developments during the reporting period, Trial Chamber X convicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of crimes against humanity and of war crimes committed between 2 April 2012 and 29 January 2013 in Timbuktu, northern Mali. Sentencing proceedings are under way, and the verdict is subject to appeal. Reparation proceedings are soon to commence. Three other trials continued in the courtrooms: the trial of Ali Muhammad Ali Abd-Al-Rahman with regard to the situation in Darfur and the trial of Alfred Yekatom and Patrice-Edouard Ngaïssonna and the trial of Mahamat Said Abdel Kani with regard to the situation in the Central African Republic. With regard to the situation in Uganda, Trial Chamber IX issued a reparations order in the case of Dominic Ongwen, who previously had been found guilty for crimes against humanity and war crimes committed in northern Uganda between 2002 and 2005. The Chamber set Mr. Ongwen’s financial liability to €52,429,000, the highest amount of reparations to victims ordered in any case before the Court thus far. Mr. Ongwen has appealed the reparations order. The Registry will now proceed with identifying the victim population that is potentially eligible for reparations. The Court reached a historic milestone as the Trust Fund for Victims finalized the implementation of reparations in the Katanga case with a closing ceremony held in Bunia, Democratic Republic of the Congo. The Trust Fund is also implementing other reparation orders and other programmes to benefit victims through the provision of medical treatment, psychological rehabilitation, socioeconomic support, education and peacebuilding activities, directly benefiting around 24,000 individuals in 2023. With regard to the situation in Ukraine, four new arrest warrants were issued against the following individuals: Sergei Kuzhugetovich Shoigu, Minister of Defence of the Russian Federation; Valery Vasilyevich Gerasimov, Chief of the General Staff of the Armed Forces of the Russian Federation and First Deputy Minister of Defence; Sergei Ivanovich Kobylash, Lieutenant General in the Russian Armed Forces and Commander of long-range aviation of the Aerospace Force; and Viktor Nikolayevich Sokolov, admiral in the Russian Navy and Commander of the Black Sea fleet (functions held at the time of the alleged conduct). With regard to the situation in Mali, the arrest warrant issued in 2017 for Iyad Ag Ghaly, alleged leader of Ansar Eddine, was unsealed. With regard to the situation in Uganda and the situation in Kenya, the Office of the Prosecutor announced the conclusion of the investigation phase. During the reporting period, the Office of the Prosecutor also continued its work with respect to the other situations that fall within its mandate. Pressure on its investigative function has greatly increased in the light of the significant range of allegations of crimes under the Rome Statute stemming from ongoing active conflicts, including in relation to the A/79/198 3/19 24-14914 situations in Darfur, the State of Palestine and Ukraine. To address increased requirements for its investigative activities, the Office is drawing on a new evidence- processing system that was finalized during the reporting period; an increase in field presence, including through an increase in staffing in Ukraine and the establishment of an office in Caracas; and a revitalization of its policy framework, as reflected in the adoption, in December 2023, of new policies on children and on gender-based crimes. The contents of the present report do not reflect confidential activity before the Court’s pretrial chambers, which has increased in terms of both workload and output. On 11 March 2024, six new judges of the Court commenced their nine-year terms, and Tomoko Akane was elected President of the Court for the period 2024– 2027. Security issues continued to gain prominence among the priorities of senior leadership of the Court owing to, inter alia, a serious cyberattack against the Court during the reporting period and other threats and attacks to which the Court and its officials have been subjected on account of their efforts to carry out their mandate, including arrest warrants issued by the Russian Federation against several judges and the Prosecutor. The Court is grateful for the highly valuable cooperation that it continued to receive from the United Nations on a wide range of issues, notably including operational assistance in the field on a cost-reimbursable basis. The cooperation, assistance and support of States remained essential to the Court’s operations. Court-issued public arrest warrants are outstanding against 20 individuals: (a) Democratic Republic of the Congo: Sylvestre Mudacumura, since 2012; a (b) Uganda: Joseph Kony, since 2005; (c) Central African Republic: Mahamat Nouradine Adam, since 2019; (d) Darfur: Ahmad Harun, since 2007; Omar Al-Bashir, since 2009 and 2010; Abdel Raheem Muhammad Hussein, since 2012; and Abdallah Banda, since 2014; (e) Kenya: Walter Barasa, since 2013; and Philip Kipkoech Bett, since 2015; (f) Libya: Saif Al-Islam Gaddafi, since 2011; (g) Mali: Iyad Ag Ghaly, since 2017; (h) Georgia: Mikhail Mayramovich Mindzaev, Gamlet Guchmazov and David Georgiyevich Sanakoev, since 2022; (i) Ukraine: Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova- Belova, since 2023; and Sergei Ivanovich Kobylash, Viktor Nikolayevich Sokolov, Sergei Kuzhugetovich Shoigu and Valery Vasilyevich Gerasimov, since 2024. b The Court calls upon States Parties and others to provide the necessary cooperation and assistance for their arrest and surrender to the Court. a Efforts are being undertaken to verify the reported death of Sylvestre Mudacumura (in 2019). b While the warrants are secret, the Chamber has authorized the Registry to make public their existence, the names of the suspects and the legal qualification of the alleged crimes, considering that public awareness of the warrants may contribute to the prevention of the further commission of crimes pursuant to article 58, paragraph 1 (b) (iii) of the Rome Statute. A/79/198 24-14914 4/19 Introduction 1. The present report, which covers the period from 1 August 2023 to 31 July 2024, is submitted in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court (see A/58/874 and A/58/874/Add.1).1 I. Update on judicial and prosecutorial activities A. Situations and cases 2. During the reporting period, the Chambers issued 532 written decisions, in addition to oral and email decisions. Some 158 hearings were held. 3. A combined total of over 16,000 victims participated in cases before the Court. During the reporting period, the Court received more than 4,500 new victim application forms, as well as a total of 164 representation forms from victims and victim groups with regard to the situation in the Bolivarian Republic of Venezuela. The Registry also received and processed follow-up information for approximately 650 existing applications. 4. As of July 2024, the Court had determined that approximately 5,500 victims were eligible for reparations in the Katanga, Lubanga and Al Mahdi cases, of which close to 75 per cent of beneficiaries had received reparations or were enrolled in reparation programmes. In relation to the Ntaganda and Ongwen cases, the Registry is in the process of identifying approximately 10,000 and 50,000 individuals, respectively, for enrolment in reparation programmes. 5. The above-mentioned statistics do not reflect confidential proceedings before pretrial chambers. 1. Situation in the Democratic Republic of the Congo (a) Judicial proceedings and reparations The Prosecutor v. Thomas Lubanga Dyilo 6. The Trust Fund for Victims continued to implement the symbolic collective reparations and collective service-based reparations ordered by Trial Chamber II. In total, 2,471 former child soldiers have been deemed eligible for a reparations award; 1,324 beneficiaries have completed or are currently benefiting from service-based reparations in the form of medical treatment, psychological rehabilitation and socioeconomic support. As part of the symbolic reparations award, the Trust Fund has continued construction of four community centres. The Prosecutor v. Germain Katanga 7. At the request of the victims, a ceremony was held on 24 April 2024 in Bunia, Ituri Province, Democratic Republic of the Congo, to mark the completion of the implementation of reparations in the Katanga case. The reparations, which had been ordered by Trial Chamber II on 24 March 2017, benefited individuals who lost family members, suffered physical and psychological harm and lost their homes, property and livestock as a result of the attack of 24 February 2003 on the village of Bogoro, Ituri Province, for which Mr. Katanga had been found guilty, as an accessory, of one __________________ 1 More information on the Court’s activities can be found on its website, www.icc-cpi.int. A/79/198 5/19 24-14914 count of a crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging). The Prosecutor v. Bosco Ntaganda 8. Trial Chamber II remained seized of the implementation of the reparations order issued on 8 March 2021 by Trial Chamber VI and the addendum issued by Trial Chamber II on 14 July 2023, which included the estimation of the approximate number of direct and indirect victims of crimes against child soldiers (3,000), the estimation of the approximate number of direct and indirect victims of the attacks (7,500) and an assessment of Mr. Ntaganda’s liability for reparations ($31,300,000). 9. Mr. Ntaganda and the legal representatives of the victims of the attack filed an appeal against the addendum. On 5 February 2024, the Appeals Chamber rejected the requests for suspensive effect of the appeal. The appeal is pending. 10. On 27 February 2024, Trial Chamber II approved the updated draft implementation plan for reparations of the Trust Fund for Victims and endorsed the beneficiary eligibility determinations. The Registry is conducting victim identification and eligibility screening for reparations in various locations. 11. Between 2022 and 2024, the Trust Fund for Victims provided initial reparations to 123 priority victims in urgent need. (b) Investigations 12. The Office of the Prosecutor continues to deepen its engagement with the authorities of the Democratic Republic of the Congo and other stakeholders, including through multiple field deployments. Those efforts have included a significant focus on encouraging national proceedings to address serious crimes, in line with the memorandum of understanding signed on 1 June 2023. Following a workshop held in Kinshasa in November 2023 and a follow-up mission undertaken by experts from the Office’s forensic team in February 2024 to identify challenges and capacity-building needs, the Office has continued its evaluation of the handling of priority cases by national judicial authorities. (c) Programme for the benefit of victims 13. In 2008, the Trust Fund for Victims launched a programme for the benefit of victims in respect of the situation in the Democratic Republic of the Congo. Over 2,000 affected individuals directly benefited from rehabilitation services in 2023. 14. To support domestic efforts for the benefit of victims, in May 2024, the Trust Fund, in collaboration with the Office of the United Nations High Commissioner for Human Rights, co-facilitated a workshop for the benefit of the national fund for reparations for victims of conflict-related sexual violence and victims of crimes against the peace and security of humanity, with a view to sharing experiences, challenges and lessons learned in the design and implementation of reparation programmes. 2. Situation in Uganda (a) Judicial proceedings and reparations The Prosecutor v. Dominic Ongwen 15. Following the conviction of Mr. Ongwen on 4 February 2021, which was confirmed on appeal, on 28 February 2024 Trial Chamber IX issued a reparations order, setting his financial liability to €52,429,000. The liability considered the estimated 49,772 victims affected by the 61 crimes for which Mr. Ongwen was A/79/198 24-14914 6/19 sentenced to 25 years in prison, including sexual and gender-based crimes, crimes committed against children and crimes creating transgenerational harm. The financial liability includes an award for collective community-based reparations, consisting of collective rehabilitation programmes, as well as symbolic and satisfaction measures, including a symbolic award of €750 for all eligible victims. In December 2023, Mr. Ongwen was transferred to Norway to serve his sentence. 16. Mr. Ongwen has appealed the reparations order. On 16 May 2024, the Appeals Chamber rejected Mr. Ongwen’s request for suspensive effect of the appeal. 17. Between May and July 2024, the Trust Fund for Victims conducted consultations with 2,715 potential beneficiaries of reparations in five locations in northern Uganda relevant to the crimes for which Mr. Ongwen was convicted. The consultations will inform the draft implementation plan for reparations. The Trust Fund also announced its first urgent funding appeal of €5 million in June 2024 to start a reparations programme in this case. In addition, the Registry has been establishing a framework for victim identification and eligibility screening for reparations in various locations across the country. The Prosecutor v. Joseph Kony and Vincent Otti 18. On 17 November 2023, Pre-Trial Chamber II terminated the proceedings against Vincent Otti, finding that, based on the information provided by the Prosecution, the only reasonable conclusion was that Mr. Otti is deceased. As a consequence, only the arrest warrant for Joseph Kony remained outstanding with respect to the situation. 19. On 23 November 2023, following the Prosecution’s request to hold a hearing on the confirmation of charges against Mr. Kony in his absence, Pre-Trial Chamber II found that Mr. Kony qualified as a person who “cannot be found” within the meaning of article 61, paragraph 2 (b) of the Rome Statute, that all reasonable steps to secure his appearance had been taken and that there would be cause to hold a confirmation hearing against him in his absence. The Chamber instructed the Registry to submit a plan indicating the outreach activities and notification efforts it would pursue to inform Mr. Kony of the charges. 20. On 4 March 2024, Pre-Trial Chamber II found that all reasonable steps to inform Mr. Kony of the charges had been taken and decided that the hearing on the confirmation of charges against Mr. Kony, to be held in his absence should he not appear, would commence on 15 October 2024. On 24 June 2024, Peter Haynes was appointed as counsel for Mr. Kony. The Registry is reaching out to victims for their potential participation in these proceedings. (b) Investigations 21. On 1 December 2023, the Prosecutor announced the conclusion of the investigation phase in the situation in Uganda. Accordingly, absent a significant change in circumstances and without prejudice to the work required to support the ongoing judicial process, the Office will not pursue new lines of inquiry and will focus on ensuring the successful prosecution of Joseph Kony, the alleged leader of the Lord’s Resistance Army. The Office will continue to devote concerted efforts, in collaboration with the Registry and relevant partners, to secure his arrest. The Office will work with the Ugandan authorities and civil society to ensure that information and evidence are shared under the framework of the Office’s Policy on Complementarity and Cooperation. A/79/198 7/19 24-14914 (c) Programme for the benefit of victims 22. In 2008, the Trust Fund for Victims launched a programme for the benefit of victims in respect of the situation in Uganda. Over 6,500 affected individuals directly benefited from rehabilitation services in 2023. 3. Situation in the Central African Republic I and situation in the Central African Republic II (a) Judicial proceedings The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona 23. The Prosecution concluded its presentation of evidence on 11 September 2023, at which time the Chamber had heard the testimony of 75 witnesses called by the Prosecution. In addition, the Chamber received more than 10,000 items of evidence from the Prosecution. Following the Prosecution, the legal representatives of the victims presented their evidence by calling three witnesses, and the testimony of one Chamber witness was heard. On 28 November 2023, the Defence for Mr. Yekatom made its opening statements and subsequently called 18 witnesses. In addition to live testimony, the Chamber received the written testimony of over 50 witnesses from the Prosecution and the Defence. The Chamber granted participatory status to 299 victims, bringing the total number to 1,965. The Registry continues to engage with victim communities and collect victims’ information. 24. On 20 May 2024, the Appeals Chamber confirmed two decisions of Trial Chamber V, in which the Prosecution’s requests to introduce prior recorded testimony were granted. The Prosecutor v. Mahamat Said Abdel Kani 25. The trial resumed following the adjournment of the proceedings in February 2023 on account of Mr. Said’s medical condition. On 15 December 2023, Trial Chamber VI found Mr. Said fit to stand trial. The Chamber continues to monitor his condition and his physical ability to participate in a regular sitting schedule. The Chamber has heard 44 witnesses called by the Prosecution. 26. To date, the Chamber has granted participatory status to 31 victims. The Registry continues to engage with victim communities and collect victims’ information. The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka 27. From 22 to 24 August 2023, the Chamber held a hearing on the confirmation of charges. On 16 October 2023, the Prosecution notified the Chamber of the withdrawal of all charges against Mr. Mokom. On 17 October 2023, the Chamber terminated the proceedings against him and ordered his immediate release. The Chamber ordered the Registry to ensure that Mr. Mokom’s rights as a free person are not restricted, while requesting him to abide by certain practical arrangements. 28. On 18 January 2024, the Chamber rejected the extradition request from the Central African Republic. Noting that no other State was willing to accept Mr. Mokom, the Chamber decided that its residual jurisdiction regarding Mr. Mokom would conclude on 8 February 2024 if no such State was identified by that date; in that event, he would fall under the exclusive jurisdiction of the host State. 29. On 23 April 2024, Mr. Mokom filed a request pursuant to article 85 of the Rome Statute, seeking compensation for the harm and damage allegedly caused to him as a result of the proceedings against him. A special chamber composed of three judges has been constituted to hear the claim. A/79/198 24-14914 8/19 (b) Investigations 30. Investigative activities continued in relation to all pending cases before the Court, including the arrest warrant against Mahamat Nouradine Adam. The Office of the Prosecutor has deepened its cooperation with the authorities of the Central African Republic, including through a visit by the Deputy Prosecutor, Mame Mandiaye Niang, in November 2023, during which he signed memorandums of understanding with the Government of the Central African Republic and the Special Criminal Court, as a reflection of a joint commitment to strengthen collaboration to effectively address international crimes committed in the country. 31. The Office continued its tracking efforts with good cooperation from various stakeholders. (c) Programme for the benefit of victims 32. Since 2020, the Trust Fund for Victims has been implementing a programme for the benefit of victims in the Central African Republic. Over 15,000 affected individuals, including nearly 8,000 victims of sexual and gender-based crimes, have directly benefited from rehabilitation services since the start of the programme. 4. Situation in Darfur (a) Judicial proceedings The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) 33. The trial of Mr. Abd-Al-Rahman continued in 2023 with the presentation of views and concerns by the victims and the presentation of evidence by the Defence. The presentation of evidence by the victims concluded in October 2023, and the Defence started the presentation of its evidence immediately thereafter. The Chamber has heard 17 witnesses called by the Defence. The Chamber granted participatory status to an additional 731 victims, bringing the total number to 1,331. The Registry continues to engage with victim communities and collect victims’ information. (b) Investigations 34. The Office of the Prosecutor continued to advance investigations with cooperation from different States and increased cooperation from Sudanese authorities. In September 2023, the Prosecutor met with First Lieutenant General Abdel-Fattah Al-Burhan Abdelrahman Al-Burhan on the sidelines of the General Assembly and underlined the obligations of the Sudan pursuant to Security Council resolution 1593 (2005) with respect to cooperating with the Court and ensuring justice for the people of the Sudan. Following that meeting, a new focal point for cooperation was appointed by the Government of the Sudan, which has assisted in improving cooperation. 35. On 29 January 2024, during his visit to Chad, the Prosecutor briefed the Security Council on the situation in Darfur. The Office is accelerating its operations, with multiple field missions and advanced exploitation of online open sources, and harnessing its partnerships with civil society actors, victims’ groups, national authorities and international and regional organizations. 36. In relation to the ongoing violence in Darfur, the Office is prioritizing investigations of crimes affecting children and gender-based crimes. The Office has conducted several outreach missions to refugee camps in the east of Chad. The Office continues to engage constructively with various national authorities that are developing relevant investigations. A/79/198 9/19 24-14914 5. Situation in Kenya (a) Investigations 37. On 27 November 2023, the Deputy Prosecutor, Nazhat Shameem Khan, announced the conclusion of the investigation phase with respect to the situation in Kenya, after considering the specific facts and circumstances. 38. The Office will not pursue additional cases into the alleged criminal responsibility of other persons but maintains its capacity to act on information relating to retaliation against witnesses. (b) Programme for the benefit of victims 39. In April 2023, the Trust Fund for Victims launched a two-year programme for the benefit of victims of sexual and gender-based violence in respect of the situation in Kenya. Over 190 affected individuals directly benefited from rehabilitation services in 2023. 6. Situation in Libya Investigations 40. On 9 November 2023 and 14 May 2024, pursuant to Security Council resolution 1970 (2011), the Prosecutor briefed the Council on the situation in Libya and outlined a road map aimed at completing the investigation phase by the end of 2025, subject to operational conditions. 41. The Prosecutor further updated the Security Council on the implementation of the strategic plan adopted in respect of this situation in 2022, which involved multiple investigative operations, enhanced cooperation with national authorities from Libya and other States and continued outreach with survivors and civil society. The Office succeeded in significantly advancing investigations, including through interviewing many witnesses, and collected substantial evidence, including from open sources, documents, forensics and satellite imagery. 42. The Office made particular progress with respect to crimes committed over the period 2014–2020, and related investigations are advancing successfully towards completion. The investigations related to detention facilities and crimes against migrants have also been advanced significantly. The implementation of new technologies and the new “OTPLink” portal to receive submissions from the public have been instrumental to this progress. 43. The Prosecutor’s vision of having the Office operate as a cooperation hub has been implemented in this situation with positive results. The Office continued to work closely with the joint team that is investigating crimes against migrants on the central Mediterranean route. Through this cooperation, significant contributions have been made to investigations and prosecutions related to trafficking in persons in Italy and the Kingdom of the Netherlands. 44. In April 2024, the Deputy Prosecutor, Nazhat Shameem Khan, conducted a productive mission to Tripoli, setting the course for enhanced cooperation with the Attorney General and other national actors, including civil society. 7. Situation in Côte d’Ivoire (a) Investigations 45. The Office of the Prosecutor continued its efforts to secure cooperation from national authorities, international organizations, civil society organizations and other A/79/198 24-14914 10/19 relevant stakeholders to assist in accelerating the ongoing investigations into crimes allegedly committed between December 2010 and June 2011 in the context of post-electoral violence. The Office has been conducting regular investigative missions and is seeking to move its activities towards the next phase of the proceedings. (b) Programme for the benefit of victims 46. Since 2022, the Trust Fund for Victims has been implementing a programme for the benefit of victims in respect of the situation in Côte d’Ivoire. Over 160 affected individuals, related to 13 identified incidents, directly benefited from rehabilitation services in 2023. Furthermore, the Trust Fund collaborated with artists to realize memorials in accordance with the wishes of affected communities comprising over 131,000 victims. The first stone was laid for a memorial near Abidjan in the presence of senior Government officials; five other memorials have been built and will be inaugurated in the upcoming reporting period. 8. Situation in Mali (a) Judicial proceedings and reparations The Prosecutor v. Ahmad Al Faqi Al Mahdi 47. The Trust Fund for Victims continued to implement the reparations ordered by Trial Chamber VIII on 17 August 2017 for the community of Timbuktu. Implementation of the symbolic reparations award was completed in March 2021 with ceremonies in Bamako and Timbuktu. In June 2024, the Trust Fund completed the delivery of individual awards in the form of financial compensation to 1,685 eligible victims of the attacks against religious and historic buildings in June and July 2012. The Trust Fund continues to implement the collective awards, which include the restoration of protected buildings of cultural value; memorialization measures to address the moral damage caused to the Timbuktu community; and the establishment of an economic resilience facility to address the indirect economic damage caused to the community. The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud 48. On 26 June 2024, Trial Chamber X, by majority, convicted Mr. Al Hassan of the crimes against humanity of torture, persecution and other inhumane acts and of the war crimes of torture, outrage upon personal dignity, mutilation, cruel treatment and the passing of sentences without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable. These crimes were committed between 2 April 2012 and 29 January 2013 in Timbuktu, northern Mali, in the context of control by Ansar Eddine and Al-Qaida in Islamic Maghreb over the region. 49. The Chamber found that certain crimes of sexual violence had been committed in Timbuktu during the relevant period, but that Mr. Al Hassan was not guilty of the war crimes of rape and sexual slavery or of the crimes against humanity of rape, sexual slavery and other inhumane acts in the form of forced marriage. He was also found not guilty of the war crime of attacking protected objects. 50. Proceedings on sentencing are under way, and the conviction is subject to appeal. The Registry has relaunched consultations with victim communities and is collecting mapping information for the impending reparation proceedings. The Prosecutor v. Iyad Ag Ghaly 51. On 21 June 2024, Pre-Trial Chamber I issued a public redacted version of the warrant of arrest against Iyad Ag Ghaly, initially issued on 18 July 2017, for war A/79/198 11/19 24-14914 crimes and crimes against humanity allegedly committed in northern Mali between January 2012 and January 2013. (b) Investigations 52. The Office of the Prosecutor continued its activities and monitored developments and reports of atrocity crimes on the ground. The Office has also explored additional options to reinforce the impact of its activities, including by developing synergies with the Malian national justice system and other partners under the framework of complementarity. (c) Programme for the benefit of victims 53. Since 2022, the Trust Fund for Victims has implemented a programme that is aimed at providing support to victims of incidents under the jurisdiction of the Court in the areas of Mopti and Gao, complementing the reparation programme implemented for victims in Timbuktu. 9. Situation in Georgia (a) Investigations 54. The Office of the Prosecutor continued to monitor the situation as part of its tracking activities. Following the conclusion of the investigation phase on 16 December 2022, the Office has focused its efforts on ensuring trial readiness in relation to the existing warrants of arrest. The Office has also undertaken preservation activities under article 56 of the Rome Statute. (b) Programme for the benefit of victims 55. In 2023, the Trust Fund for Victims launched a programme for the benefit of victims in respect of the situation in Georgia; over 530 affected individuals directly benefited from rehabilitation services during the first year. 10. Situation in Burundi Investigations 56. The Office of the Prosecutor continued its investigation, conducting missions to a number of countries, despite a lack of cooperation from the Government of Burundi. The Office received cooperation from States, United Nations entities and civil society organizations and has been progressively advancing its investigative work. 11. Situation in Afghanistan Investigations 57. The Office of the Prosecutor conducted major investigative activities, including extensive engagement with witnesses and the collection of documentary evidence, public statements and decrees by leaders, and large volumes of open source material. Reports of systematic discrimination and persecution are one of the Office’s investigative priorities. Investigations are advancing progressively, thanks to cooperation from civil society organizations, survivors, national authorities and international organizations. The Office has integrated gender experts into the investigation team, along with country experts, with a view to ensuring that the gender dimension of the alleged crimes is addressed. The progress made should establish a foundation for applications for warrants of arrest. A/79/198 24-14914 12/19 12. Situation in Bangladesh/Myanmar Investigations 58. The Office of the Prosecutor continued its investigation with missions, the collection and analysis of evidence, interviews with witnesses in Bangladesh, facilitated by the rotational presence of investigators in the country, and initiatives aimed at strengthening engagement and cooperation with partners in the region. Given the severe trauma among victims caused both by the violent attacks in their homeland and by subsequent protracted displacement and harsh conditions of life, the Office has taken special care to adopt trauma-informed strategies, including careful contact and screening of potential witnesses and specialized support from psychosocial experts. 59. The Office has engaged with Government ministries in Bangladesh, diplomats, international organizations and non-governmental organizations regarding requests for assistance and to inform them of developments. The significant progress made with the investigations should establish the foundation for applications for warrants of arrest. 13. Situation in the State of Palestine (a) Judicial proceedings 60. Pre-Trial Chamber I has granted leave for several amici curiae to file written observations pursuant to rule 103 of the Court’s Rules of Procedure and Evidence. The Registry continues to receive victim applications for participation in potential future criminal proceedings and reparations. (b) Investigations 61. Following dedicated investigative efforts, including for events since 7 October 2023, the Prosecutor announced in May 2024 that he had filed applications for arrest warrants in relation to five individuals. 62. The Office continues its investigation into the situation, covering multiple lines of inquiry pertaining to alleged crimes committed in Gaza and the West Bank, including East Jerusalem, since 13 June 2014. With a view to further strengthening action, the Office continues to engage with all relevant parties and stakeholders, including civil society, States and international and regional organizations. As in all situations, complementarity remains an important consideration in the Office’s overall approach. 14. Situation in the Philippines Investigations 63. The Office of the Prosecutor has continued its planning and investigative activities and engagement with key stakeholders, including civil society organizations, with a view to advancing its investigation. 15. Situation in the Bolivarian Republic of Venezuela I (a) Judicial proceedings 64. On 7 and 8 November 2023, the Appeals Chamber held a hearing on the appeal of the Bolivarian Republic of Venezuela against the Pre-Trial Chamber I decision of 27 June 2023 authorizing the resumption of the Prosecution’s investigation, pursuant to article 18, paragraph 2 of the Rome Statute. On 1 March 2024, the Appeals Chamber delivered a judgment confirming the decision. The Registry facilitated victims’ participation in these proceedings through a standardized victim consultation system. A/79/198 13/19 24-14914 (b) Investigations 65. After the 27 June 2023 ruling by Pre-Trial Chamber I, the Office of the Prosecutor resumed its independent investigation while engaging in litigation before the Appeals Chamber following the appeal lodged by the authorities of the Government of the Bolivarian Republic of Venezuela. In this context, the Office benefited from cooperation with various national and international stakeholders. 66. The Office also continued to engage with the Venezuelan authorities within the framework of the two memorandums of understanding signed with the Government in 2021 and 2023 to promote cooperation and complementarity. The Prosecutor conducted a fourth official visit to the country in June 2024, during which he inaugurated the in-country office for his Office and placed focus on the implementation of the joint workplan signed with the Government in December 2023. 16. Situation in Ukraine (a) Judicial proceedings 67. On 5 March 2024, Pre-Trial Chamber II issued warrants of arrest against Sergei Ivanovich Kobylash, Lieutenant General in the Russian Armed Forces and Commander of long-range aviation of the Aerospace Force at the relevant time, and Viktor Nikolayevich Sokolov, admiral in the Russian Navy and Commander of the Black Sea fleet at the relevant time. On 24 June 2024, it issued warrants of arrest against Sergei Kuzhugetovich Shoigu, Minister of Defence of the Russian Federation at the relevant time, and Valery Vasilyevich Gerasimov, Chief of the General Staff of the Armed Forces of the Russian Federation and First Deputy Minister of Defence at the relevant time. All four individuals are allegedly responsible for the war crime of directing attacks at civilian objects, the war crime of causing excessive incidental harm to civilians or damage to civilian objects and the crime against humanity of inhumane acts, allegedly committed from at least 10 October 2022 until at least 9 March 2023. The Registry continues to receive victim applications. (b) Investigations 68. The Office of the Prosecutor continued its investigation across multiple interconnected lines, engaging actively on the ground in Ukraine and the region. The Office has benefited from effective cooperation with Ukraine and engaged in cooperation and coordination efforts with a variety of domestic and international stakeholders, including in the context of the joint investigation team established under the auspices of the European Union Agency for Criminal Justice Cooperation. The Office also continued to benefit from the deployment of teams of experts by States parties under the Office’s innovative forensic rotation model. 69. The Court officially opened its country office in Ukraine in September 2023 in the presence of the Prosecutor, thereby deepening the Office’s investigative activities in the country and its engagement with the Office of the Prosecutor General of Ukraine, local civil society organizations and other partners. (c) Programme for the benefit of victims 70. The Trust Fund for Victims has engaged with Ukrainian authorities and with the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine to consider potential collaboration, the exchanging of experiences and potential synergies in efforts to seek redress for victims of crimes under the jurisdiction of the Court in respect of the situation in Ukraine. A/79/198 24-14914 14/19 B. Preliminary examinations 71. The Office of the Prosecutor has been seized of preliminary examinations in three situations: Nigeria, Bolivarian Republic of Venezuela II and Democratic Republic of the Congo II. 72. The preliminary examination in relation to the situation in Nigeria has been completed, and the Office engaged in next steps, including a visit by the Deputy Prosecutor, Mame Mandiaye Niang, to Nigeria in March 2024, where he held constructive meetings with relevant national authorities and institutions, the diplomatic community and civil society organizations. The Office noted the country’s determination to close the impunity gap but remains committed to moving forward with investigations in the absence of genuine efforts by the Nigerian authorities. 73. In relation to the situation in the Bolivarian Republic of Venezuela II, the Office worked towards finalizing its assessment of the preliminary examination and engaged with the Government of the Bolivarian Republic of Venezuela and civil society to that end. 74. In relation to the situation in the Democratic Republic of the Congo II, the Office conducted an assessment of jurisdiction and admissibility, including in the context of a technical-level mission to the country, as well as an assessment of the potential linkage of the situation with the existing situation in the Democratic Republic of the Congo I. 75. The Office also considered large volumes of submissions received under article 15 of the Rome Statute and worked towards the finalization of its assessment on a number of situations at the initial filtering stage. C. Other activities 76. The Prosecutor visited Colombia in April 2024 in order to launch the Office’s Policy on Cooperation and Complementarity, with the participation of officials from the Government of Colombia, senior national experts and civil society representatives. 77. In March 2024, the Deputy Prosecutor, Mame Mandiaye Niang, visited Guinea in the context of the implementation of the memorandum of understanding signed on 28 September 2022 in Conakry. He met with senior Government officials and expressed satisfaction with the ongoing trial and with the country’s commitment to bringing the alleged perpetrators to justice. During these exchanges, Guinean authorities identified areas in which support was needed. The Deputy Prosecutor committed to engaging with key actors and partners, such as the Team of Experts on the Rule of Law and Sexual Violence in Conflict, relevant sections of the Court and the Trust Fund for Victims, with a view to proposing an action plan aimed at facilitating the exchange of expertise and knowledge transfer for the benefit of national judicial personnel. II. International cooperation A. Cooperation with the United Nations 78. The Court continued to receive crucial cooperation and support from the United Nations and its senior leadership, in line with the 2004 Relationship Agreement. The Court principals valued the constructive bilateral meetings held throughout the reporting period with senior United Nations officials. A/79/198 15/19 24-14914 79. The Court recognizes the critical role of the Under-Secretary-General for Legal Affairs, the United Nations Legal Counsel, as the interface between the Court and the United Nations, in particular for the transmission and coordination of judicial cooperation requests. The Court continued to reimburse staffing costs for two posts in the Office of Legal Affairs, at the P-3 and P-2 levels, to handle the significant amount of requests from the Court for assistance and cooperation. The Court’s liaison office to the United Nations continued to facilitate cooperation between the two organizations, represent the Court in various meetings, apprise the Court of relevant developments at the United Nations and facilitate and support meetings between officials of the two organizations. The liaison office also acts as a key contact point between the Court and permanent missions to the United Nations. 80. In May 2024, the liaison office, together with the Office of Legal Affairs, coordinated the convening of a virtual round table meeting as a forum for International Criminal Court focal points across the United Nations system and their counterparts from various organs of the Court and its Trust Fund for Victims. The topics discussed included cooperation with the United Nations, including United Nations entities with a humanitarian mandate, and modalities for the provision of logistical support by United Nations field operations. 81. The Court highly appreciates the continued cooperation from various United Nations entities, departments, offices and special advisers and representatives of the Secretary-General, including those present in the field, which is essential for its operations. The Court’s offices in the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo, Mali, Uganda and Ukraine played an important role by liaising with United Nations entities in this respect. Support from United Nations entities will also be invaluable as the Court is currently undertaking to open offices in a number of additional countries. 82. The Registry of the Court continued to receive, with appreciation, support from the United Nations for the deployment of Court personnel throughout the many countries in which it operates, and there were continued requests for operational support for several actors and participants in the proceedings (defence teams, Office of the Prosecutor, legal representatives of victims and staff of the Trust Fund for Victims). A total of 103 missions received support from the United Nations. 83. The Office of the Prosecutor continued to expand engagement with the Office of the United Nations High Commissioner for Human Rights, including through thematic exchanges and cooperation in relation to ongoing activities. 84. The Court continued to cooperate with United Nations common system organizations by participating in inter-agency meetings on facilities management, travel and security. The country offices and the Court’s liaison office at United Nations Headquarters have also benefited from coordination in administrative and management areas across the United Nations system. The Court continued to participate in the United Nations security management system and relied on the United Nations for services such as transportation, radio and video communication, medical assistance, security briefings and security training on a reimbursable basis. The Court also continued engaging with the High-level Committee on Management. 85. During the reporting period, eight of the Court’s staff members were on loan, one was on secondment to other international organizations and one was transferred to other organizations under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations Applying the United Nations Common System of Salaries and Allowances. One United Nations staff member is currently on secondment to the Court, and the Court received one staff member on transfer from other international organizations. A/79/198 24-14914 16/19 86. The Senior Legal Adviser of the Registry and the Director of the Secretariat of the Assembly of States Parties attended the 2024 meeting of the informal network of the Legal Advisers of the Specialized Agencies and the Related and Other Organizations of the United Nations System in Montreal from 27 to 30 May 2024. 87. The United Nations supported, on a reimbursable basis, the hosting of the twenty-second session of the Assembly of States Parties to the Rome Statute at United Nations Headquarters from 4 to 14 December 2023, as well as the hosting of the event organized by the Assembly to commemorate the World Day for International Justice, held at United Nations Headquarters on 17 July 2024. The exhibition entitled “Common bonds”, which was produced by the Court in collaboration with the Trust Fund for Victims and which includes photographs contributed by multiple United Nations entities, has been on display at United Nations Headquarters since 16 July 2024, where it will remain until 23 August 2024. Social media content produced by the Court, including content related to Sustainable Development Goal 16, was amplified on United Nations social media platforms, reaching millions of people. The Court is grateful to the United Nations for its valuable communications support. 88. The Prosecutor’s biannual briefings to the Security Council on the situations in Darfur and Libya provided opportunities to inform the Council and United Nations membership of progress and challenges related to his Office’s investigations and of the importance of cooperation, including with regard to outstanding arrest warrants. The Court is grateful for the Council’s support, which the States parties to the Rome Statute serving on the Council play a key role in securing, under the coordination of the Co-Chairs of the Court’s Security Council caucus, Japan and Switzerland. B. Cooperation with and assistance from States, other international organizations and civil society 89. States continued to provide highly valuable assistance in relation to the Court’s investigations and prosecutions, including with respect to the identification and recovery of assets, the provision of documents and the facilitation of missions of the Court on their territory. 90. During the reporting period, the Registry transmitted 416 primary requests for cooperation to States parties, other States and international and regional organizations, which are essential to ensure the advancement of judicial proceedings. In addition, the Registry transmitted 734 requests for visas to States, and country offices transmitted numerous requests for cooperation to support the operations of Court personnel in situation countries. 91. The Office of the Prosecutor continued its efforts to enhance cooperation with partners, including by increasingly incorporating the use of technology and intelligence-led actions. The Office transmitted 519 requests for assistance (including 175 notifications for missions), to States parties, States not parties, international and regional organizations and other public or private entities, and followed up on the execution of pending requests. The Office also received 36 incoming requests for cooperation under article 93, paragraph 10 of the Rome Statute. 92. The Registry requested the assistance of States to support the investigative activities of defence teams, including requests to be given access to documents and to organize meetings with relevant authorities and with potential witnesses. States were also requested to provide assistance for reparations proceedings, including by identifying the whereabouts of victims and by supporting the activities of the Trust Fund for Victims. A/79/198 17/19 24-14914 93. As demonstrated by the list of outstanding arrest warrants in the summary of the present report, the arrest and surrender of individuals subject to the Court’s warrants remains a critical challenge, one that requires an intensified engagement by States. The Registry and the Office of the Prosecutor continued to work closely together on tracking activities and within the inter-organ working group on arrest strategies. The Court reiterates the importance it attaches to the Secretary-General’s guidance on contacts with persons who are the subject of arrest warrants or summonses issued by the Court (A/67/828-S/2013/210). 94. The Court continued to encourage States to conclude cooperation agreements regarding the relocation of witnesses under threat, the enforcement of sentences and the interim and final release of suspects or accused. The lack of long-term solutions to address these gaps has a critical impact on the Court’s ability to function properly. 95. The Court continued its efforts to further enhance cooperation with national, regional and international judicial and law enforcement networks in support of its needs and to assist national proceedings, where appropriate, in accordance with the principle of complementarity. 96. The Court also continued to develop its interaction with regional intergovernmental organizations, including through participation by the Deputy Prosecutor, Mame Mandiaye Niang, in the thirty-seventh African Union Summit in February 2024. 97. The Registry continued its efforts to obtain sufficient funds for the trust fund used for family visits for indigent detainees and for securing relevant visas. The Court organized three family visits, in which six persons participated in total, four adults and two children. 98. With the financial support of the European Commission and other donors, the Court organized over 15 seminars and events in support of efforts to strengthen cooperation, complementarity and universality, including a high-level regional seminar in Seoul. 99. The Court greatly values the activities that civil society partners undertake to raise awareness of the Court and promote the universal ratification and full implementation of the Rome Statute, and it continued to participate in those activities. From 24 to 28 June 2024, the Court held, in hybrid format, an annual round table with non-governmental organizations. 100. The Office of the Prosecutor further intensified its engagement with civil society organizations from situation countries, including by appointing a civil society organization focal point and engaging in regular consultations on thematic priorities. The Office held its most recent thematic round table event for civil society organizations on the trauma-informed approach to investigations and prosecutions, and it also held a dedicated session with civil society organization partners on the development of a new structured dialogue with civil society in line with its new Policy on Complementarity and Cooperation. III. Institutional developments A. Treaty matters 101. Armenia ratified the Rome Statute on 14 November 2023, becoming the 124th State party. 102. Four States accepted or ratified the amendment to article 124 of the Rome Statute, bringing the total number of States Parties having accepted or ratified this amendment to 23. Six States accepted or ratified the amendment to article 8 regarding A/79/198 24-14914 18/19 the use of weapons that use biological agents or toxins, bringing the total number of States parties having accepted or ratified the amendment to 21. Six States accepted or ratified the amendment to article 8 regarding the use of weapons designed to injure by fragments undetectable by X-rays, bringing the total number of States parties having accepted or ratified the amendment to 19. Six States accepted or ratified the amendment to article 8 regarding the use of blinding laser weapons, bringing the total number of States parties having accepted or ratified the amendment to 19. Five States accepted or ratified the amendment to article 8 on intentionally using the starvation of civilians, bringing the total number of States parties having accepted or ratified the amendment to 17. 103. The Court continued efforts to attract all States not among the 124 parties to the Rome Statute to join the treaty as soon as possible. B. Elections 104. At its twenty-second session, the Assembly of States Parties elected Keebong Paek, Erdenebalsuren Damdin, Iulia Motoc, Haykel Ben Mahfoudh, Nicolas Guillou and Beti Hohler as judges of the Court, each for a nine-year term beginning on 11 March 2024. The Assembly also elected, by acclamation, Päivi Kaukoranta as its President for its twenty-third to twenty-fifth sessions. 105. On 11 March 2024, the Court’s judges elected Tomoko Akane as President of the Court for a three-year term, with immediate effect. Rosario Aitala and Reine Alapini-Gansou were elected First Vice-President and Second Vice-President, respectively. C. Trust Fund for Victims 106. As of July 2024, the Trust Fund for Victims had received voluntary contributions from 52 States Members of the United Nations. In 2023, it received over €5.3 million from 28 Member States, which represents an increase of 40 per cent of the income received from voluntary contributions each year. 107. As detailed in section II above, the Trust Fund continued to implement Court- ordered reparations and other programmes for the benefit of victims. Around 24,000 individuals directly benefited from these programmes in 2023, an increase of around 53 per cent compared with 2022. In all, 69 per cent of the beneficiaries were women. 108. The Board of Directors of the Trust Fund calls upon States, individuals and entities to make voluntary contributions for the benefit of victims and their families. D. Policy initiatives 109. In December 2023, the Office of the Prosecutor issued its Policy on Children and its Policy on Gender-based Crimes. Work is ongoing in relation to the promulgation of policies on crimes of slavery and on environmental crimes. 110. On 25 April 2024, the Office of the Prosecutor launched its Policy on Complementarity and Cooperation through field-based events led by the Prosecutor and the Deputy Prosecutors. The policy contains a fundamentally renewed approach to the principles at the heart of the Rome Statute, bringing the Office’s work closer to affected communities and deepening its partnerships with States, civil society and regional and international organizations. The Office’s commitment to bringing justice services closer to the affected communities is underlined, with a simultaneous focus A/79/198 19/19 24-14914 on delivering on the core investigative mandate of the Office and on increasing its ability to support the efforts of other criminal jurisdictions and accountability actors. E. Security of the Court 111. The Court’s security posture has undergone a transformative shift because of its recent work in various situations, including most prominently those of Ukraine and the State of Palestine. 112. Security of the Court and its officials was one of the highest priorities of the Court’s leadership during the reporting period in the light of the increasing external threats against the institution, in addition to pre-existing attacks, such as the arrest warrants issued by the Russian Federation against several judges and the Prosecutor of the Court on account of their performance of their independent mandates as elected officials of a multilateral judicial institution. 113. On 15 September 2023, the Court detected a cybersecurity incident potentially affecting its systems and data, which was soon confirmed to be a serious and unprecedented cyberattack exhibiting high levels of sophistication, focus, resources and persistence. As a response, the Court commissioned the services of a reputable commercial vendor to develop a blueprint for its future information technology architecture. Implementation of the blueprint is under way, with a series of projects to be carried out in the next two years aimed at better protecting the Court’s information, personnel and operations in response to a heightened threat environment. The Registrar also established a special fund for security to provide urgent additional resources for the implementation of high-level priorities set out in the blueprint. IV. Conclusion 114. The Court continued to have an extremely high workload in relation to pretrial, trial and appeal proceedings, reparations for victims and the preliminary examinations and investigations conducted by the Office of the Prosecutor on four continents, with a combined total of over 16,000 victims participating in judicial proceedings. 115. Notable developments during the reporting period included the following: one accused person was convicted, and three other trials continued in the courtrooms; a judicially ordered reparations programme was completed for the first time; the Court issued its largest ever reparation order for the benefit of victims; four new arrest warrants were issued, and one was unsealed; the Prosecutor announced that he had applied for a number of other arrest warrants; and the investigation phase was concluded in respect of two situations. In addition to the developments described in the present report, an increasing amount of confidential activity took place before the Court’s pretrial chambers. 116. The Court recognizes with gratitude the many forms of invaluable assistance provided by the United Nations system during the reporting period and is equally appreciative of the cooperation of States with its ongoing investigative, prosecutorial and judicial activities. 117. While making unprecedented progress in enforcing international law and advancing the global fight against impunity, the Court and its officials are being increasingly subjected to attacks and threats from external actors. The Court’s leadership is gravely concerned about this worrisome trend and calls upon States and the international community at large to redouble their commitment to the Court and its independence so as to enable it to carry out its mandate of justice effectively.
choice A
The workload of the case is too great to being busy.
choice B
They are more susceptible to injury.
choice C
It is difficult to carry out judicial tasks smoothly.
choice D
Other countries do not cooperate.
difficulty
hard
domain
Multi-Document QA
length
short
sub domain
Legal
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