Next steps for six named to face trial in Hague over chaos

After International Criminal Court Prosecutor Luis Moreno-Ocampo announced his six suspects, the next step will be for those on the list to inform the Pre-Trial Chamber II of their readiness to appear before them.

The three-judge bench will then weigh the merits of Mr Moreno-Ocampo’s application and could reject the request to issue a summons to appear, approve it or transform it into an arrest warrant.

The Pre-Trial Chamber could take several weeks to consider the prosecutor’s requests. It will only issue a summons if it finds “reasonable grounds to believe” that the individual named in the prosecutor’s request has committed the crimes alleged.

The Prosecutor expects this to happen in the first part of 2011. A summon to appear is an order issued by a Pre-Trial Chamber for a person to appear before the Chamber on a specified date.

The Pre-Trial Chamber can choose to issue an arrest warrant instead if it finds that a summon is insufficient to ensure the individual’s appearance in court.

An ICC Pre-Trial Chamber previously refused to issue summons against two government officials in the Darfur, Sudan situation, and issued arrest warrants instead. The two individuals – Ahmad Harun and Ali Kosheib – remain at large.

Three other people subject to summons for allegedly carrying out rebel attacks on an African Union peacekeeping mission in Darfur have voluntarily appeared for Pre-Trial proceedings in The Hague.

If the chamber agrees with Mr Moreno-Ocampo’s request, the individuals identified will be expected to go to The Hague to make their initial appearance before the judges.

A public hearing to confirm the charges will be held. It is at this stage that the judges review the evidence and decide whether it is enough to proceed to trial. The six individuals can be represented by their lawyers and this, according to the prosecutor, will happen in the second part of 2011 or the beginning of 2012.

The Pre-Trial Chamber II, consisting of judges Hans-Peter Kaul, Ekaterina Trendafilova and Cuno Tarfusser, will make a decision to confirm the charges and send the case to trial or amend or reject the charges.

Mr Moreno-Ocampo expects that the trial of the six would begin in the second part of 2012 or early 2013. “At this stage my office has to meet the highest standard of proof; we have to prove beyond reasonable doubt that the persons committed the crimes,” the prosecutor said.

A summon to appear is served on the suspect and does not prejudge the final decision on his or her guilt. The judges will issue a warrant of arrest if it appears necessary to ensure that the person will actually appear at trial, that he or she will not obstruct or endanger the investigation or the court’s proceedings, or to prevent the person from continuing to commit crimes.

The court’s registrar transmits requests for co-operation seeking the arrest and surrender of the suspect to the relevant State or to other States, depending on the decision of the judges in each case. Mr Moreno-Ocampo listed conditions the six suspects have to uphold as:

• updating the ICC of their personal contacts and movements;
• not to contact other suspects unless through their lawyers in preparation of their defences;
• not to approach any victims or witnesses; not to influence or interfere with the testimonies of victims and witnesses;
• to keep off the investigations and not to engage in other crimes.

“These conditions are strict. They are in accordance with the Rome Statute (that established the ICC rules). Let me be clear. If the suspects do not comply with the conditions set by the chamber, I will request arrest warrants. If there is any indication of bribes, intimidation or threats, I will request arrest warrants,” he said in a statement that was issued by the ICC.