OTP DIPLOMATIC MEETING17 April 2014

AGENDA OTP DIPLOMATIC MEETING

1) Introduction & overviewProsecutor Fatou Bensouda

2) Prosecutions: overview and update of current casesDeputy 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

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.

OTP STRUCTURE

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.

PROCEEDINGS

The Prosecutor v. William Samoei Ruto and Joshua Arap Sang

•Proceedings on-going. •Discussed inter alia:

- Compelling witnesses- Presence during trial

The Prosecutor v. Walter Osapiri Barasa

•Article 70 RS: offences against the administration of justice•Arrest warrant pending execution

The Prosecutor v. Uhuru Muigai Kenyatta

•Postponed until 7 October•Discussed inter alia cooperation Kenyan Government with OTP Requests for Assistance

PROCEEDINGS (cont.)

The Prosecutor v. Laurent Gbagbo

•Awaiting decision on confirmation of charges

The Prosecutor v. Charles Blé Goudé

•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, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido

•Article 70 RS: offences against the administration of justice•Protection of privileged information

PROCEEDINGS (cont.)

The Prosecutor v. Bosco Ntaganda

•Team has completed presentation of evidence for the confirmation of charges

The Prosecutor v. Abdallah Banda Abakaer Nourain (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

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, Okot Odhiambo and Dominic Ongwen

•The Prosecutor v. Sylvestre Mudacumura

APPEALS

OTP Appeals Section:

•Handles all final appeals against conviction, acquittal, and sentence (inter alia: The Prosecutor v. Thomas Lubanga Dyilo, 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

SITUATIONS UNDER INVESTIGATION

INVESTIGATIONS - OUTLINE

Investigative activities of the OTP

New investigative strategy

Conclusions

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

2013Protection duties for

1140 persons

396 missions

NEW INVESTIGATIVE STRATEGY

New OTP strategic plan – October 2013:o identifies 16 critical success factors for ICC

investigationso 8 external & 8 internal to the investigation division (ID)

Strategic plan foresees shifts at 3 levelso Policyo Resourceso Organization

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

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

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

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]

INVESTIGATIONS - CONCLUSIONS

High workload

Many internal & external factors impacting success

New investigative strategy o Received well internally and externally o Implementation is underway but challenging

Success investigations requires an integrated effort with partners Sharing of information and evidence Staffing Know how Coordination of activities

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 worko in the short term by peers o down the line by Chambers

PRELIMINARY EXAMINATIONS (PE’s)

PE’s - INTRODUCTION

One of three core activities of the OTP:

a.Critical for deciding on and laying the ground for new investigations.

b.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.

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.

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.). 

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: a)Focus on PEb)Focus on early operational steps taken in preparation for Investigation

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.