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OTP DIPLOMATIC MEETING 17 April 2014

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

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OTP DIPLOMATIC MEETING 17 April 2014

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  1. OTP DIPLOMATIC MEETING 17 April 2014

  2. 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

  3. 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.

  4. OTP STRUCTURE

  5. 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.

  6. PROCEEDINGS The Prosecutor v. William SamoeiRuto and Joshua Arap Sang • Proceedings on-going. • Discussed inter alia: - Compelling witnesses - Presence during trial The Prosecutor v. Walter OsapiriBarasa • Article 70 RS: offences against the administration of justice • Arrest warrant pending execution The Prosecutor v. UhuruMuigai Kenyatta • Postponed until 7 October • Discussed inter alia cooperation Kenyan Government with OTP Requests for Assistance

  7. PROCEEDINGS (cont.) The Prosecutor v. Laurent Gbagbo • Awaiting decision on confirmation of charges The Prosecutor v. Charles BléGoudé • First appearance 27 March • Confirmation of charges hearing: start 18 August The Prosecutor v. Jean-Pierre Bemba Gombo • Evidentiary phase closed; team working on final submissions The Prosecutor v. Jean-Pierre Bemba Gombo, AiméKiloloMusamba, Jean-Jacques MangendaKabongo, FidèleBabalaWandu and NarcisseArido • Article 70 RS: offences against the administration of justice • Protection of privileged information

  8. PROCEEDINGS (cont.) The Prosecutor v. BoscoNtaganda • Team has completed presentation of evidence for the confirmation of charges The Prosecutor v. Abdallah Banda AbakaerNourain(Haskanita) • Trial date vacated; was scheduled to start on 5 May The Prosecutor v. Saif Al-Islam Gaddafi and Abdullah Al-Senussi • 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

  9. OUTSTANDING ARREST WARRANTS Challenge for the Court. Affects legitimacy and efficiency. Support, careful planning, and tangible measures States Parties necessary. Inter alia: • The Prosecutor v. Omar Hassan Ahmad Al Bashir • The Prosecutor v. Joseph Kony, Vincent Otti, OkotOdhiambo and Dominic Ongwen • The Prosecutor v. SylvestreMudacumura

  10. APPEALS OTP Appeals Section: • Handles all final appeals against conviction, acquittal, and sentence (inter alia: The Prosecutor v. Thomas LubangaDyilo, 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

  11. SITUATIONS UNDER INVESTIGATION

  12. INVESTIGATIONS - OUTLINE • Investigative activities of the OTP • New investigative strategy • Conclusions

  13. 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

  14. NEW INVESTIGATIVE STRATEGY • New OTP strategic plan – October 2013: • identifies 16 critical success factors for ICC investigations • 8 external & 8 internal to the investigation division (ID) • Strategic plan foresees shifts at 3 levels • Policy • Resources • Organization

  15. NEW INVESTIGATIVE STRATEGYPOLICY SHIFT Prosecutorial strategy Open-ended, in-depth investigations Most responsible, if needed via a “building upward” strategy Trial-readiness as early as possible

  16. NEW INVESTIGATIVE STRATEGYRESOURCE 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

  17. NEW INVESTIGATIVE STRATEGYORGANIZATIONAL SHIFT • Improving the OTP’s ability to collection • 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

  18. NEW INVESTIGATIVE STRATEGYORGANIZATIONAL SHIFT • Improving our factual analysis • 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]

  19. INVESTIGATIONS - CONCLUSIONS • High workload • Many internal & external factors impacting success • New investigative strategy • Received well internally and externally • Implementation is underway but challenging • Success investigations requires an integrated effort with partners • Sharing of information and evidence • Staffing • Know how • Coordination of activities

  20. 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 • in the short term by peers • down the line by Chambers

  21. PRELIMINARY EXAMINATIONS (PE’s)

  22. PE’s - INTRODUCTION • One of three core activities of the OTP: • Critical for deciding on and laying the ground for new investigations. • 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.

  23. 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: • Mission to Honduras in March to gather further information on alleged crimes; • 9th mission to Guinea in February to follow up on the national investigation into the 28/09 events and further enhance complementarity; • 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.

  24. 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.).

  25. 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: • Focus on PE • Focus on early operational steps taken in preparation for Investigation

  26. 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.

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