v^*^# ^ Criminal Court Original: English No.: ICC-01/05-01/08 OA 2 Pate: 27 November 2009 THE APPEALS CHAMBER

Similar documents
Original: English No. ICC-01/05-01/08 OA 4 Date: 18 August 2010 THE APPEALS CHAMBER

THE APPEALS CHAMBER SITUATION IN THE REPUBLIC OF KENYA

C^^ %^^ Original: English No. ICC-01/04-01/07 OA 13 Date: 17 January 2013 THE APPEALS CHAMBER

a m: /.VT-A\\ ^-zj Original: English No. ICC-01/04-01/10 OA 4 Date: 7 March 2012 THE APPEALS CHAMBER

^^. ^ ^ THE APPEALS CHAMBER

^C5^ THE APPEALS CHAMBER

Vf, ^^»rl^iip^ \f THE APPEALS CHAMBER

>Si. f"^ Original: English No. ICC-01/11-01/11 OA 4 Date: 23 August 2013 THE APPEALS CHAMBER

PRE-TRIAL CHAMBER III. SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR v. JEAN-PIERRE BEMBA GOMBO.

(m) Original: English No. ICC-02/05-03/09 OA 4 Date: 6 May 2013 THE APPEALS CHAMBER

i^. Original: English No. ICC-01/04-01/06 A 4, A 5, A 6 Date: 13 December 2012 THE APPEALS CHAMBER

-im TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public

THE APPEALS CHAMBER. Judge Erkki Kourula Judge Sang-Hyun Song Judge Akua Kuenyehia Judge Anita Ušacka Judge Sanji Mmasenono Monageng

/^ ^» <^^ Original: English No. ICC-01/04-01/06 A 4 A 5 A 6 Date: 7 February 2013 THE APPEALS CHAMBER

SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public document

Original: English No. ICC-02/05-03/09 OA 5 Date: 21 January 2015 THE APPEALS CHAMBER SITUATION IN DARFUR, SUDAN

Cour Pénale International. Criminal Court. Date: 3 February 2012 TRIAL CHAMBER III

TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC. IN THE CASE OF THE PROSECUTOR v. Jean Pierre Bemba Gombo

PRE-TRIAL CHAMBER II SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V, JEAN-PIERRE BEMBA GOMBO.

SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public Document

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

f^^l / ^1 % : ^ TRIAL CHAMBER III Judge Adrian Fulf ord. Presiding Judge Judge Elizabeth Odio Benito Judge Joyce Aluoch

TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public

THE APPEALS CHAMBER. Judge Akua Kuenyehia, Presiding Judge Judge Sang-Hyun Song Judge Sanji Mmasenono Monageng Judge Erkki Kourula Judge Anita Usacka

^ ^ lr^*^# ^ - Original: English No. ICC-01/04-01/06 OA 15 OA 16 Date: 8 December 2009 THE APPEALS CHAMBER

i^\ % ^> ^...^ 'j^ TRIAL CHAMBER III Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

THE APPEALS CHAMBER. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. GERMAIN KATANGA. Public document URGENT

THE APPEALS CHAMBER SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO. IN THE CASE OF THE PROSECUTOR v.thomas LUBANGA DYILO.

Original: English No. ICC-01/04-01/06 A A2 A3 OA 21 Date: 14 December 2012 THE APPEALS CHAMBER

THE APPEALS CHAMBER SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF. THE PROSECUTOR v. WILLIAM SAMOEI RUTO AND JOSHUA ARAP SANG.

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki SITUATION IN THE CENTRAL AFRICAN REPUBLIC

PRE-TRIAL CHAMBER I. SITUATION IN THE DEMOCRATIC REPUBLIC OF CONGO IN THE CASE OF ÏHE PROSECUTOR v. BOSCO NTAGANDA. Under Seal

THE APPEALS CHAMBER. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. THOMAS LUBANGA DYILO.

Cour Pénale International

%\ M. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. THOMAS LUBANGA DYILO. Public Document

TRIAL CHAMBER I. SITUATION IN THE REPUBLIC OF CÔTE D IVOIRE IN THE CASE OF THE PROSECUTOR v. LAURENT GBAGBO and CHARLES BLÉ GOUDÉ.

TRIAL CHAMBER I. Judge Geoffrey Henderson, Presiding Judge Judge Olga Herrera Carbuccia Judge Bertram Schmitt

^Si._.,^äf^ PRE-TRIAL CHAMBER I. Judge Silvia Fernandez de Gurmendi, Single Judge

(m) ^^. t^n^ Original: English No. ICC-01/04-01/07 OA 14 Date: 20 January 2014 THE APPEALS CHAMBER

PRE-TRIAL CHAMBER II. Judge Mauro Politi, Single Judge

.if,^^\ ^s^ PRE-TRIAL CHAMBER I. Judge Sanji Mmasenono Monageng, Presiding Judge Judge Sylvia Steiner Judge Cuno Tarfusser

THE APPEALS CHAMBER. SITUATION IN DARFUR, SUDAN THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR

THE APPEALS CHAMBER. Judge Akua Kuenyehia, Presiding Judge Judge Sang-Hyun Song Judge Sanji Mmasenono Monageng Judge Erkki Kourula Judge Anita Usacka

éi \ THE APPEALS CHAMBER SITUATION IN THE REPUBLIC OF KENYA THE PROSECUTOR v. FRANCIS KIRIMI MUTHAURA, UHURU MUIGAI KENYATTA and MOHAMMED HUSSEIN ALI

THE PRESIDENCY. Judge Sang Hyun Song, President Judge Fatoumata Dembele Diarra, First Vice President Judge Hans Peter Kaul, Second Vice President

APPEALS CHAMBER SITUATION IN THE REPUBLIC OF KENYA

Cour Pénale International

PRE-TRIAL CHAMBER III. Judge Silvia Fernandez de Gurmendi, Single Judge

International Criminal Court

THE APPEALS CHAMBER SITUATION IN THE CENTRAL AFRICAN REPUBLIC. IN THE CASE OF THE PROSECUTOR v. JEAN-PIERRE BEMBA GOMBO

THE APPEALS CHAMBER SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO. IN THE CASE OF THE PROSECUTOR v. MATHIEU NGUDJOLO CHUI.

TRIAL CHAMBER III. Judge Adrian Fulford, Presiding Judge Judge Elizabeth Odio Benito Judge Joyce Aluoch

TRIAL CHAMBER IX SITUATION IN UGANDA. IN THE CASE OF THE PROSECUTOR v. DOMINIC ONGWEN. Public

Original: French Date: 11 May 2007 THE APPEALS CHAMBER

(^1. Original: English No. ICC-01/04-01/06 CA 18 Date: 8 October 2010 THE APPEALS CHAMBER

TRIAL CHAMBER I. Judge Adrian Fulford, Presiding Judge Judge Elizabeth Odio Benito Judge René Blattmann

Original: English No. ICC-01/09-01/11 OA 10 Date: 29 September 2015 THE APPEALS CHAMBER

PRE-TRIAL CHAMBER I SITUATION IN THE DEMOCRATIC REPUBLIC OF CONGO. IN THE CASE OF THE PROSECUTOR v. Germain Katanga and Mathieu Ngudjolo Chui

TRIAL CHAMBER III. Judge Adrian Fulf ord. Presiding Judge Judge Elizabeth Odio Benito Judge Joyce Aluoch

/ ^. ft. Original: English No. ICC-02/11-01/11 OA 5 Date: 16 December 2013 THE APPEALS CHAMBER

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

PRE-TRIAL CHAMBER II SITUATION IN THE CENTRAL AFRICAN REPUBLIC

SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. THOMAS LUBANGA DYILO. Public document

PRE-TRIAL CHAMBER I. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE Of THE PROSECUTOR v. Germain Katanga and Mathieu Ngudjolo Chui

TRIAL CHAMBER V SITUATION IN THE REPUBLIC OF KENYA. IN THE CASE OF THE PROSECUTOR v. FRANCIS KIRIMI MUTHAURA AND UHURU MUIGAI KENYATTA.

THE PRESIDENCY. Judge Philippe Kirsch, President Judge Akua Kuenyehia, First Vice-Président Judge René Blattmann, Second Vice-Président

PRE-TRIAL CHAMBER I. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v.germain KATANGA and MATHIEU NGUDJOLO CHUI

TRIAL CHAMBER I SITUATION IN THE REPUBLIC OF CÔTE D'IVOIRE IN THE CASE OF. Public. Decision on the submission and admission of evidence

TABLE OF CONTENTS. Table of Contents Preface Unique Investigative Opportunity/ Preservation of Evidence/ Initiation of Investigations

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

:^i TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public

PRE-TRIAL CHAMBER II SITUATION IN UGANDA. Public. Decision on legal representation of Victims a/0101/06 and a/0119/06

^/^} /, \ ^C*^ THE APPEALS CHAMBER SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO. IN THE CASE OF THE PROSECUTOR v.

PRE-TRIAL CHAMBER I. Judge Sanji Mmasenono Monageng, Single Judge SITUATION IN DARFUR, SUDAN

PRE-TRIAL CHAMBER II. SITUATION IN THE CASE OF THE PROSECUTOR v. JEAN-PIERRE BEMBA GOMBO. Public Document

>2^. 5^^ Original: English No. ICC-01/09-02/11 OA 4 Date: 24 May 2012 THE APPEALS CHAMBER

PRE-TRIAL CHAMBER I. Judge Silvia Fernandez de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert

^N* TRIAL CHAMBER I. Judge Adrian Fulford, Presiding Judge Judge Elizabeth Odio Benito Judge René Blattmann

TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO.

PRE-TRIAL CHAMBER I. Judge Sylvia Steiner, Presiding Judge Judge Sanji Mmasenono Monageng Judge Cuno Tarfusser

SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public Document

TRIAL CHAMBER II. Judge Marc Perrin de Brichambaut, Presiding Judge Judge Olga Herrera Carbuccia Judge Péter Kovács

TRIAL CHAMBER VII SITUATION IN THE CENTRAL AFRICAN REPUBLIC

PRE-TRIAL CHAMBER I SITUATION IN THE REPUBLIC OF COTE D'IVOIRE IN THE CASE OF THE PROSECUTOR V. LAURENT GBAGBO. Public

TRIAL CHAIVIBER I. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v.thomas LUBANGA DYILO. Public

PRE-TRIAL CHAMBER I. Judge Sanji Mmasenono Monageng, Presiding Judge Judge Sylvia Steiner Judge Cuno Tarfusser

PRE-TRIAL CHAMBER III. SITUATION IN THE CENTRAL AFRICAN REPUBLIC THE CASE OF THE PROSECUTOR v. JEAN-PIERRE BEMBA GOMBO. Public

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Single Judge

TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC. IN THE CASE OF THE PROSECUTOR v. JEAN-PIERRE BEMBA GOMBO.

TRIAL CHAMBER I. SITUATION IN THE DEMOCRATIC REPUBLIC OF CONGO IN THE CASE OF THE PROSECUTOR v. Thomas Lubanga Dyilo.

.lf:v^\ \-^^j ^^^ <^X^ TRIAL CHAMBER I. Judge Adrian Fulford, Presiding Judge Judge Elizabeth Odio Benito Judge René Blattmann

PRE TRIAL CHAMBER III. Judge Fatoumata Dembele Diarra, Presiding Judge Judge Hans Peter Kaul Judge Ekaterina Trendafilova

/ >ii, Original: English No, ICC-01/04-01/07 OA 13 Date: 27 March 2013 THE APPEALS CHAMBER

THE APPEALS CHAMBER SITUATION IN THE REPUBLIC OF CÔTE D'IVOIRE. IN THE CASE OF THE PROSECUTOR v. LAURENT GBAGBO AND CHARLES BLÉ GOUDÉ

TRIAL CHAMBER I. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. THOMAS LUBANGA DYILO. Public

TRIAL CHAMBER I SITUATION IN THE REPUBLIC OF CÔTE D IVOIRE IN THE CASE OF. THE PROSECUTOR v. LAURENT GBAGBO and CHARLES BLÉ GOUDÉ.

PRE-TRIAL CHAMBER I. Judge Claude Jorda, President Judge Akua Kuenyehia Judge Sylvia Steiner

APPEALS CHAMBER. Judge Akua Kuenyehia, Presiding Judge Judge Sang- Hyun Song Judge Sanji Mmasenono Monageng Judge Erkki Kourula Judge Anita Ušacka

THE APPEALS CHAMBER SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF. THE PROSECUTOR v. WILLIAM SAMOEI RUTO AND JOSHUA ARAP SANG.

PRE-TRIAL CHAMBER II SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR V. BOSCO NTAGANDA. Public

Transcription:

ICC-01/05-01/08-623 27-11-2009 1/5 CB T OA2 Cour Pénale / A T A \ Internationale ^i / M/ \ ^i v^*^# ^ International ^%5^sj^ Criminal Court Original: English No.: ICC-01/05-01/08 OA 2 Pate: 27 November 2009 THE APPEALS CHAMBER Before: Judge Akua Kuenyehia, Presiding Judge Judge Sang-Hyun Song Judge Erkki Kourula Judge Anita Usacka Judge Daniel David Ntanda Nsereko SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO Public Document Decision on the Participation of Victims in the Appeal against the "Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa" Dissenting Opinion of Judge Sang-Hyun Song No. : ICC-01/05-01/08 OA 2 1/5

ICC-01/05-01/08-623 27-11-2009 2/5 CB T OA2 Decision/Order/Judgment to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Ms Fatou Bensouda, Deputy Prosecutor Mr Fabricio Guariglia Counsel for the Defence of Mr Jean-Pierre Bemba Gombo Mr Nkwebe Liriss Mr Karim A.A.Khan Legal Representative of Victims Ms Marie Edith Douzima-Lawson The Office of Public Counsel for victims Ms Paolina Massidda REGISTRY Registrar Ms Silvana Arbia ßs- No. : ICC-01/05-01/08 OA 2 2/5

ICC-01/05-01/08-623 27-11-2009 3/5 CB T OA2 Dissenting Opinion of Judge Sang-Hyun Song 1. On 18 August 2009, 54 victims participating in the pre-trial proceedings in the case of Prosecutor v. Jean-Pierre Bemba Gombo filed before Appeals Chamber the "Observations of the Legal Representatives of the Victims on the Participation of the Victims in the Interlocutory Appeal Filed by the Office of the Prosecutor under Article 81(2)(b) of the Rome Statute"^ (hereinafter: "Victims' Observafions"). They stated that in their view, they have an automatic right to make observations to the Appeals Chamber on the appeal brought by the Prosecutor against Pre-Trial Chamber IPs "Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa".^ They invited the Appeals Chamber to change its current jurisprudence, which requires victims to make an application to participate in appeals brought under article 82 (1) (b) of the Statute.^ On 31 August 2009, the victims filed the "Réponse des représentants légaux des victimes sur le «Prosecution's Document in support of the Appeal against Decision on the Interim Release of Jean-Pierre Bemba Gombo» déposé le 24 août 2009""* (hereinafter: "Victims' Response"), responding to the Prosecutor's document in support of the appeal.^ 2. On 3 September 2009, the Appeals Chamber rendered the "Decision on the Participation of Victims in the Appeal against the 'Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa'"^ (hereinafter: "Decision on Victims' Participation"), rejecting the Victims' Response, but nevertheless allowing the 54 victims to make submissions on the appeal. On 20 October 2009, the Appeals Chamber gave its ' ICC-01/05-01/08-479-tENG. ^ ICC-01/05-01/08-475, 14 August 2009. ^ Victims' Observations, paras 5-10. MCC-01/05-01/08-492. ^ "Prosecution's Document in support of the Appeal against Decision on the Interim Release of Jean-Pierre Bemba Gombo", ICC-01/05-01/08-485, dated 24 August 2009 and registered on 25 August 2009. ^ICC-01/05-01/08-500. 4^Af^ No. : ICC-01/05-01/08 OA 2 3/5

ICC-01/05-01/08-623 27-11-2009 4/5 CB T OA2 reasons for the Decision on Victims' Participation^ (hereinafter: "Reasons"). I dissented from the Decision on Victims' Participation and shall summarise the reasons for my dissent below. 3. In accordance with the Appeals Chamber's previous jurisprudence, the Decision on Victims' Participation was grounded on the view that in order for victims to participate in an appeal under article 82 (1) (b) of the Statute, they must first make an application to the Appeals Chamber, which then has to render a decision on their requested participation before they may file submissions.^ The majority of the Appeals Chamber adopted this approach in a judgment of 13 February 2007 in the case of Prosecutor v. Thomas Lubanga Dyilo^ (hereinafter: "Judgment of 13 February 2007"). I dissented from the majority's approach to victims' participation in the Judgment of 13 February 2007 and set out the reasons for my dissent in an opinion attached to that judgment^^ (hereinafter: "Dissenting Opinion of 13 February 2007"). I underlined that in my view, victims who participated in the proceedings giving rise to an appeal under article 82 (1) (b) of the Statute should be considered "participants" in terms of regulation 64 (4) and (5) of the Regulations of the Court and should therefore have an automatic right to file a response to the document in support of the appeal. ^^ I confinue to hold the view that this is the correct interpretation of the Court's legal instruments. 4. In my Dissenting Opinion of 13 February 2007, I stated that in my opinion, "the approach of the majority [...] leads to unnecessary procedural steps that are bound to slow down the appellate process."^^ This prediction has been confirmed by the Appeals Chamber's practice over the past two and a half years. For every appeal under article 82 (1) of the Statute in which victims wish to participate, the Appeals Chamber needs to render a decision on their right to do so. Each time the Chamber grants an application for ^ "Reasons for the 'Decision on the Participation of Victims in the Appeal against the "Decision on the Interim Release of Jean-Pierre Bemba Gombo and Convening Hearings with the Kingdom of Belgium, the Republic of Portugal, the Republic of France, the Federal Republic of Germany, the Italian Republic, and the Republic of South Africa'"", ICC-01/05-01/08-566. ^ Reasons, paras 12-15. ^ "Judgment on the appeal of Mr. Thomas Lubanga Dyilo against the decision of Pre-Trial Chamber I entitled «Décision sur la demande de mise en liberté provisoire de Thomas Lubanga Dyilo»", ICC-01/04-01/06-824, paras 37-55. * Judgment of 13 February 2007, pp. 55-57. ^' Dissenting Opinion of 13 February 2007, para. 3. ^^ Dissenting Opinion of 13 February 2007, para. 2. M^ No. : ICC-Ol/05-01/08 OA 2 4/5

ICC-01/05-01/08-623 27-11-2009 5/5 CB T OA2 participation, there is another round of submissions. This inevitably, and in my view unnecessarily, delays the appellate proceedings. 5. Therefore, I would have accepted the Victims' Response in the present case. It was unnecessary to reject the Victims' Response and then permit the victims to file their observations again. Done in both English and French, the English version being authoritative. Dated this 27^^ day of November 2009 At The Hague, The Netherlands No. : ICC-01/05-01/08 OA 2 5/5