ICC Presidency Authorises Prosecution of Katanga at the Request of DRC Authorities

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On Thursday, the Presidency of the International Criminal Court (ICC) approved the prosecution of Germain Katanga by the Democratic Republic of Congo (DRC), at the behest of national authorities. The main factor in the Presidency’s Decision was that the allegations leveled against Mr Katanga in the domestic proceedings in the DRC are not the same ones for which he was previously put on trial before the ICC.

On 10th March 2016, the DRC requested that the Court authorize the domestic prosecution of Mr Katanga for offences he is said to have committed on DRC territory between 2002-2006.

This decision constitutes the first time that the ICC has been called upon to interpret and apply article 108 of the Rome Statute, paragraph 1 of which requires the Court to approve the prosecution, punishment or extradition of a sentenced person in the custody of a State of enforcement.

Mr Katanga’s Lead Counsel before the ICC has given his reaction to the decision: “It is highly disappointing. It is extraordinary that the Presidency of the International Criminal Court has given approval to the DRC to prosecute Mr Katanga for offences before a military court which has no appeal mechanism, no legal aid and with little capacity to provide a fair trial.”

Click the following links for more details:

https://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr1206.aspx

Decision pursuant to article 108(1) of the Rome Statute

For further reading about Germain Katanga’s trial before the ICC, click below:

https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%

20cases/icc%200104%200107/Pages/democratic%20republic%20of%20the%20congo.aspx

To find out more about David Hooper QC and his work, click the link below:

http://www.25bedfordrow.com/site/people/profile/david.hooper

Image source: www.icc-cpi.int

Text source: www.icc-cpi.int (7th April 2016)

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