OTP DIPLOMATIC MEETING
17 April 2014
AGENDA OTP DIPLOMATIC MEETING
1) Introduction & overview
Prosecutor Fatou Bensouda
2) Prosecutions: overview and update of current cases
Deputy Prosecutor James Stewart
3) Investigations: overview and update of investigations, and related issues
Head of ID, Michel de Smedt
4) Preliminary Examinations: overview of activities, and strategic goals
Head of JCCD, Phakiso Mochochoko
5) Q&A’s
INTRODUCTION PROSECUTOR BENSOUDA
Welcome - OTP diplomatic meeting opportunity to engage in open and fruitful
discussions.
Preliminary examinations - Importance of PE activities; new focus. Potential for
deterring crimes and fostering complementarity.
Investigations - New OTP Strategic Plan. New approach to investigations including
evidence collection.
Prosecutions - Lessons learned and policies.
Budget - Implementation. 2015 assumptions. Correlation new OTP Strategic Plan.
Contingency Fund. Recruitment.
Management - Organisational modifications. Code of Conduct.
Challenges - Cooperation, including arrest and surrender. Obstruction and interference
with victims and witnesses . Misperceptions about OTP and ICC. AU-ICC relations.
OTP STRUCTURE
PROSECUTIONS
OTP Prosecutions Division (PD)
Prosecution Section
Appeals Section
Prosecution teams led by STL’s. On-going recruitments.
9 cases currently handled by the Prosecution Section.
PROCEEDINGS
The Prosecutor v. William Samoei Ruto and Joshua Arap Sang
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Proceedings on-going.
Discussed inter alia:
- Compelling witnesses
- Presence during trial
The Prosecutor v. Walter Osapiri Barasa
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Article 70 RS: offences against the administration of justice
Arrest warrant pending execution
The Prosecutor v. Uhuru Muigai Kenyatta
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Postponed until 7 October
Discussed inter alia cooperation Kenyan Government with OTP Requests for
Assistance
PROCEEDINGS (cont.)
The Prosecutor v. Laurent Gbagbo
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Awaiting decision on confirmation of charges
The Prosecutor v. Charles Blé Goudé
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First appearance 27 March
Confirmation of charges hearing: start 18 August
The Prosecutor v. Jean-Pierre Bemba Gombo
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Evidentiary phase closed; team working on final submissions
The Prosecutor v. Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda
Kabongo, Fidèle Babala Wandu and Narcisse Arido
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Article 70 RS: offences against the administration of justice
Protection of privileged information
PROCEEDINGS (cont.)
The Prosecutor v. Bosco Ntaganda
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Team has completed presentation of evidence for the confirmation of charges
The Prosecutor v. Abdallah Banda Abakaer Nourain (Haskanita)
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Trial date vacated; was scheduled to start on 5 May
The Prosecutor v. Saif Al-Islam Gaddafi and Abdullah Al-Senussi
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Admissibility decisions:
- Case of Saif al-Islam Gaddafi deemed admissible before the Court
- Case of Al-Senussi held to be inadmissible
Both being appealed, by Libya and suspect respectively
OUTSTANDING ARREST WARRANTS
Challenge for the Court.
Affects legitimacy and efficiency.
Support, careful planning, and tangible measures States Parties necessary.
Inter alia:
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The Prosecutor v. Omar Hassan Ahmad Al Bashir
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The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic
Ongwen
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The Prosecutor v. Sylvestre Mudacumura
APPEALS
OTP Appeals Section:
•Handles all final appeals against conviction, acquittal, and sentence (inter alia:
The Prosecutor v. Thomas Lubanga Dyilo, and The Prosecutor v. Mathieu Ngudjolo
Chui​);
•conducts all interlocutory appeals, including admissibility appeals, appeals
against decisions on interim release, and appeals against decisions by Pre-Trial
and Trial Chambers;
•reviews all judgments and decisions of the Pre-Trial and Trial Chambers to
advise the Prosecutor whether or not to appeal or seek leave to appeal;
•advises trial teams on legal and evidentiary issues in on-going cases.
=> contribute in a significant way to the development of the Court’s
jurisprudence
SITUATIONS UNDER INVESTIGATION
INVESTIGATIONS - OUTLINE
 Investigative activities of the OTP
 New investigative strategy
 Conclusions
INVESTIGATIONS BY OTP - 2014
 Investigations by integrated teams led by senior trial lawyer
 8 situations under investigation: DRC, Uganda, CAR, Darfur,
Kenya, Côte d’Ivoire, Libya, Mali
 Investigative activities: 20
 5 active
 3 obstruction of justice
 7 hibernated
 5 trial support
2013
Protection duties for
1140 persons
396 missions
NEW INVESTIGATIVE STRATEGY
 New OTP strategic plan – October 2013:
o identifies 16 critical success factors for ICC investigations
o 8 external & 8 internal to the investigation division (ID)
 Strategic plan foresees shifts at 3 levels
o Policy
o Resources
o Organization
NEW INVESTIGATIVE STRATEGY
POLICY SHIFT
Prosecutorial strategy
 Open-ended, in-depth investigations
 Most responsible, if needed via a “building upward” strategy
 Trial-readiness as early as possible
NEW INVESTIGATIVE STRATEGY
RESOURCE SHIFT
 ID evolves from 120 to 160 headcount in 2014 while reducing from 7
to 4 active investigations
 Specific measures to be able absorb the increase
 Roster
 Outreach
 Detailed planning
 Simplified procedures
 Presently still overstretch due to unpredictability & judicial
deadlines
NEW INVESTIGATIVE STRATEGY
ORGANIZATIONAL SHIFT
 Improving the OTP’s ability to collection
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Alternative forms of evidence: cyber, telecom, forensic
Validated standards for ICC investigations
Shift in staffing composition
Field-based investigators
Training
 Improving the ability of partners to assist
 Ngo
 Law enforcement network
 Internet reporting project
NEW INVESTIGATIVE STRATEGY
ORGANIZATIONAL SHIFT
 Improving our factual analysis
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Analysis of massive volumes of electronic and phone data
New factual analytical database
Analysts providing new factual case overview
Reviewing existing analytical products
 Improving witness protection
 Integrated management of physical protection, well-being and contact
 Review of roles & functioning with VWU/Registry
 [State support for quick, temporary and permanent relocation]
INVESTIGATIONS - CONCLUSIONS

High workload

Many internal & external factors impacting success

New investigative strategy
o Received well internally and externally
o Implementation is underway but challenging

Success investigations requires an integrated effort with partners
 Sharing of information and evidence
 Staffing
 Know how
 Coordination of activities
INVESTIGATIONS – CONCLUSIONS (cont.)
Expected results
 More and more diverse evidence collected
 Better exploitation of our information
 Better protection and management of witnesses
 Strong support network from law enforcement, ngos and technology
companies
 Validation of our work
o in the short term by peers
o down the line by Chambers
PRELIMINARY EXAMINATIONS (PE’s)
PE’s - INTRODUCTION
One of three core activities of the OTP:
a. Critical for deciding on and laying the ground for new investigations.
b. Also: preventive impact and foster domestic complementarity efforts,
potentially obviating the need for intervention by the Court.
3 out of 6 OTP strategic goals for June 2012-2015 refer specifically to PE’s:
- Objective 1: conduct impartial, independent, high-quality, efficient and secure
PE’s, investigations and prosecutions.
- Objective 2: further improve the quality and efficiency of the PE’s, the
investigations and the prosecutions.
- Objective 4: enhance complementarity and cooperation by strengthening the
Rome System in support of the ICC and of national efforts in situations under
PE or investigation.
STRATEGIC GOAL 2.1 (FURTHER IMPROVE THE QUALITY AND
EFFICIENCY OF THE PE’s)
SET OBJECTIVES FOR 2013-2015
1. Policy on PE’s issued (2013)
Published in November 2013, as planned, in English and French. Available on OTP
website. Spanish version forthcoming.
2. Yearly report on status of PE’s (2013 - 2015)
2013 PE report published in November 2013, with relevant legal determinations inter alia
on Honduras, Nigeria, and Afghanistan.
Following up on these (and other) conclusions. Examples:
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Mission to Honduras in March to gather further information on alleged crimes;
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9th mission to Guinea in February to follow up on the national investigation into the
28/09 events and further enhance complementarity;
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Mission to Russia in January; another mission to Georgia planned at the end of this
month to assess progress of national proceedings in relation to alleged crimes
committed during the August 2008 armed conflict.
PE OBJECTIVES 2013-2015 (cont.)
3. Publication of reports outlining the basis of decisions Prosecutor (2013 - 2015)
OTP makes commencement of PE’s public, and will publish reports to substantiate
Prosecutor’s decisions to close PE, or to proceed with investigation.
New decisions to close and to open PE’s to be announced shortly.
4. Activities aimed at having a preventative impact conducted as planned (2013 - 2015)
Opening of new PE in CAR, on 7 February: duty of the Prosecutor under the RS and meant
to have a deterrent impact. Mission to CAR as soon as conditions permit to gather further
information and reinforce the OTP message (“shadow of the Court”).
Prosecutor attended expert meeting convened by Nigerian A-G in Abuja in February, to
follow up on OTP’s determination on the existence of a NIAC. Preventive activity to the
extent the meeting helped sensitize Nigerian security forces to IHL rules and RS provisions
when conducting counter-insurgency operations.
OTP developing internal guidelines on the issuance of preventive statements, drawing
lessons from the past and drafting guidelines for the future (where, when, how, etc.).
PE OBJECTIVES 2013-2015 (cont.)
5. Lessons learned translated into good practices to be implemented and
captured in the Operations Manual (2013 - 2015)
OTP developing guidelines on preventive statements.
First OTP Lessons Learned to focus on move from PE to Investigation,
including:
a) Focus on PE
b) Focus on early operational steps taken in preparation for Investigation
PE’s - CONCLUSION
PE’s are moving on full force.
Thanks to additional resources granted, OTP is recruiting, inter alia:
Vacancy notices for P2 (associate situation analyst) and P3 (situation analyst);
hundreds of applications.
Expect successful candidates will take up duties in coming two/three months.
Further improve (already high) quality and efficiency.