Trial Chamber VI of the International Criminal Court (ICC) has just recognized, on Monday, July 18, 2019, Mr. Bosco Ntaganda guilty of 18 counts. These include war crimes and crimes against humanity committed in Ituri, DR Congo in 2002-2003.

This Trial Chamber VI, composed of Judge Robert Fremr, Judge President, Judge Kuniko Ozaki and Judge Chang-ho Chung, announced his judgment at a public hearing held in Courtroom I at Headquarters. the Court in The Hague (Netherlands).

Facts

In reaching its decision, the Chamber considered all the evidence adduced during the trial, including documents, eyewitnesses and privileged witnesses.

It claims to have found that the Union of Congolese Patriots (UPC) and its military wing, the Patriotic Forces for the Liberation of Congo (FPLC), were involved at any time in at least one non-international armed conflict against an opposing party, in Ituri, district of the DRC, from 6 August 2002 until 31 December 2003 or thereafter.

The conduct of the UPC / FPLC against the civilian population was the expected result of a preconceived strategy targeting the civilian population. The crimes were committed in accordance with a UPC / FPLC policy. Mr. Ntaganda exercised a very important military function within the UPC / FPLC.

Judgment

Trial Chamber VI found Mr. Ntaganda guilty of crimes against humanity (murder and attempted murder, rape, sexual slavery, persecution, forcible transfer of population and deportation) and war crimes (murder and attempted murder , intentionally directing attacks against the civilian population, rape, sexual slavery, ordering the displacement of the civilian population, enlisting and conscripting children under the age of 15 and using them to actively participate in them. hostilities, attacks on protected property, and destruction of property belonging to the adversary).

Although the evidence did not support all the incidents reported by the Prosecutor, they nevertheless demonstrated that, for each of the 18 counts, at least some of the charges were proved beyond a reasonable doubt.

The Chamber found that Mr. Ntaganda was directly responsible for part of three of the counts of murder, namely murder as a crime against humanity, war crime and persecution as a crime against humanity. , and that he was the indirect perpetrator of the remaining parts of these crimes. He was found guilty as an indirect perpetrator of the other crimes.

In order to determine Mr. Ntaganda’s sentence in this case, the Chamber expects to receive submissions from parties and participants regarding the potential sentence, and to hold a separate hearing to gather evidence and address sentencing issues.

Pending the decision on sentencing, Mr. Ntaganda will remain in detention. The parties (the Prosecution and the Defense) have 30 days to appeal this judgment. Reparations issues for victims will be considered in due course.

Emilie MBOYO