The Appeals Chamber of the International Criminal Court (ICC) dismissed the appeal of Germain Katanga to Trial Chamber II's "Decision on the implementation of regulation 55 of the Regulations of the Court and severing the charges against the accused persons" which gave notice of a "possible change in the legal characterization of the form of responsibility with which Mr Katanga is charged." The majority of the Chamber, with Judge Tarfusser dissenting, held that the change in the legal characterization of the facts is in conformity with regulation 55(2) of the Regulations of the Court and that it does not violate Katanga's right to a fair trial.
Katanga, a Congolese national, is charged with crimes against humanity and war crimes jointly through another person. These crimes were allegedly committed during the attack against the military camp and civilian population of the Bogoro village. In November 2012, the Trial Chamber gave notice to the parties of "a possible re-characterisation of the form of responsibility to . . . contributing in any other way to the commission of the crimes by a group of persons acting with a common purpose."
According to the Press Release, the Appeals Chamber emphasized that "considering the advanced stage of the proceedings, the Trial Chamber will need to be particularly vigilant in ensuring Mr Katanga's right to be tried without undue delay." The proceedings in the Trial Chamber will continue as outlined by that Chamber in its notice of the potential change in the legal characterization of the facts.
Source : ASIL
PressRelease : 27/03/2013
Katanga
case: Appeals Chamber confirms Trial Chamber II decision on potential
modification of the form of responsibility
ICC-CPI-20130327-PR892
Situation: Democratic Republic
of the Congo
Case: The Prosecutor v.
Germain Katanga
Today, 27 March 2013, the Appeals Chamber of the International Criminal Court (ICC) dismissed by majority, Judge Cuno Tarfusser dissenting, the appeal raised by the Defence of Germain Katanga against the decision of Trial Chamber II giving notice of a possible change in the legal characterization of the form of responsibility with which Mr Katanga is charged.
On the basis of the decision
confirming the charges, Mr Katanga is allegedly responsible for committing war
crimes and crimes against humanity jointly through another person (article
25(3)(a) of the Rome Statute). On 21 November 2012, Trial Chamber II gave
notice to the parties and participants of a possible re-characterisation of the
form of responsibility to article 25(3)(d) of the Rome Statute (contributing in
any other way to the commission of the crimes by a group of persons acting with
a common purpose). On 10 January 2013, the Defence appealed this decision.
Today, Judge Sang-Hyun Song -Presiding
Judge on this appeal - read a summary of the Appeals Judgment in open session.
The Appeals Chamber considers that the timing of the Trial Chamber II decision,
which was issued at the deliberation stage, and the scope of the envisaged
change in the legal characterisation are in conformity with regulation 55 (2) of
the Regulations of the Court. The Appeals Chamber also finds that the Trial
Chamber’s decision does not violate the rights of Mr Katanga to a fair trial.
However, the Appeals Chamber cannot determine conclusively now whether the
trial as a whole will remain fair as this will depend to a large extent upon
how the Trial Chamber conducts the further proceedings and, in particular, on
the measures it will take to protect Mr Katanga’s rights.
The Appeals Chamber also emphasises
that, considering the advanced stage of the proceedings, the Trial Chamber will
need to be particularly vigilant in ensuring Mr Katanga’s right to be tried
without undue delay. The proceedings before Trial Chamber II will continue in
the way indicated by Trial Chamber II in its notice of the potential change in
the legal characterisation of the facts.
Germain Katanga, Congolese national,
is charged with three counts of crimes against humanity and seven counts of war
crimes allegedly committed, on 24 February 2003, during the attack against the
Bogoro village. It is alleged that this attack was carried out by combatants
led by Germain Katanga, that it was part of a widespread attack directed not
only against a military camp located in Bogoro village but also against the
civilian population of the village. His trial started on 24 November 2009.
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