TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

Similar documents
TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

_In_t_e_r_n_a_t_io_n_a_l_e~ ~~~ ~ International

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

TRIAL CHAMBER VI SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO. IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NT AG AND A. Public

THE PRESIDENCY. Judge Silvia Fernández de Gurmendi, President Judge Joyce Aluoch, First Vice-President Judge Christine Van Den Wyngaert

PRE-TRIAL CHAMBER III. Judge Antoine Kesia-Mbe Mindua, Presiding Judge Judge Chang-ho Chung Judge Raul C. Pangalangan

PRE-TRIAL CHAMBER II. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR. Public Document

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

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

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

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

TRIAL CHAMBER VIII. Judge Raul C. Pangalangan, Presiding Judge Judge Antoine Kesia-Mbe Mindua Judge Bertram Schmitt SITUATION IN THE REPUBLIC OF MALI

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

PRE-TRIAL CHAMBER II. Judge Cuno Tarfusser, Presiding Judge. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR

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

TRIAL CHAMBER V(B) SITUATION IN THE REPUBLIC OF KENYA. IN THE CASE OF THE PROSECUTOR v. UHURU MUIGAI KENYATTA

TRIAL CHAMBER V(A) 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 DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public

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

PRE-TRIAL CHAMBER II. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR. Public

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

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

/ ^, a I PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

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

PRE-TRIAL CHAMBER II SITUATION IN DARFUR, SUDAN IN THE CASE OF. The Prosecutor v Omar Hassan Ahmad AL BASHIR ( Omar Al Bashir )

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

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

Original: English Date: 26 October 2015 PRE-TRIAL CHAMBER II SITUATION IN DARFUR, SUDAN

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

^o^ ^ ^ ^ PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

/ \ PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

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

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

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

PRE-TRIAL CHAMBER I. Judge Silvia Fernández de Gurmendi, Presiding Judge Judge Ekaterina Trendafilova Judge Christine Van den Wyngaert

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

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

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

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

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

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

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

r r ;J - PRE-TRIAL CHAMBER II Judge CunoTarfusser, Presiding Judge Judge Marc Perrin de Brichambaut Judge Chang-ho Chung SITUATION IN DARFUR, SUDAN

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

PRE-TRIAL CHAMBER I SITUATION IN LIBYA. IN THE CASE OF THE PROSECUTOR v. SAIFAL-ISLAM GADDAFI and ABDULLAH AL-SENUSSI. Public

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

TRIAL CHAMBER VI SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO. IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public With public Annex 1

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

PRE-TRIAL CHAMBER I. Judge Silvia Fernández de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert SITUATION IN LIBYA

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

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

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

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

TRIAL CHAMBER VI SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF

THE PRESIDENCY. Judge Chile Eboe-Osuji, President Judge Robert Fremr, First Vice-President Judge Marc Perrin de Brichambaut, Second Vice-President

TRIAL CHAMBER V(B) SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF THE PROSECUTOR V. UHURU MUIGAI KENYATTA. Public

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

TRIAL CHAMBER II. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. GERMAIN KATANGA AND MATHIEU NGUDJOLO CHUI

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

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

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

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

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

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

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

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

THE APPEALS CHAMBER JUDGES APPOINTED FOR THE SENTENCE REVIEW SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO

TRIAL CHAMBER VII SITUATION IN THE CENTRAL AFRICAN REPUBLIC

TRIAL CHAMBER VII. Judge Chile Eboe-Osuji, Presiding Judge Judge Olga Herrera Carbuccia Judge Bertram Schimtt

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

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

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

PRE-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 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 Redacted Version

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

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

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

Date: 30 April 2018 THE APPEALS CHAMBER

~~~

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

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

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 THE CONGO IN THE CASE OF THE PROSECUTOR v. THOMAS LUBANGA DYILO. Public

TRIAL CHAMBER IX SITUATION IN UGANDA IN THE CASE OF PUBLIC

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

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

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

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

PRE-TRIAL CHAMBER III. Judge Silvia Fernandez de Gurmendi, Presiding Judge Judge Elizabeth Odio Benito Judge Adrian Fulford

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

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

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

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

Vf, ^^»rl^iip^ \f THE APPEALS CHAMBER

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

TRIAL CHAMBER IX SITUATION IN UGANDA. IN THE CASE OF THE PROSECUTOR v. DOMINIC ONGWEN. Public with Public Annexes A and B

Transcription:

ICC-01/04-02/06-2058 09-10-2017 1/6 EC T Original: English No.: ICC-01/04-02/06 Date: 9 October 2017 TRIAL CHAMBER VI Before: Judge Robert Fremr, Presiding Judge Judge Kuniko Ozaki Judge Chang-ho Chung SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA Public Decision on parties submissions concerning Agreed Fact 69 No. ICC-01/04-02/06 1/6 9 October 2017

ICC-01/04-02/06-2058 09-10-2017 2/6 EC T To be notified, in accordance with Regulation 31 of the Regulations of the Court, to: The Office of the Prosecutor Ms Fatou Bensouda Mr James Stewart Ms Nicole Samson Legal Representatives of Victims Ms Sarah Pellet Mr Dmytro Suprun Unrepresented Victims Counsel for Bosco Ntaganda Mr Stéphane Bourgon Mr Christopher Gosnell Legal Representatives of Applicants Unrepresented Applicants for Participation/Reparation The Office of Public Counsel for Victims The Office of Public Counsel for the Defence States Representatives Amicus Curiae REGISTRY Registrar Mr Herman von Hebel Counsel Support Section Victims and Witnesses Unit Detention Section Victims Participation and Reparations Section Others No. ICC-01/04-02/06 2/6 9 October 2017

ICC-01/04-02/06-2058 09-10-2017 3/6 EC T Trial Chamber VI ( Chamber ) of the International Criminal Court, in the case of The Prosecutor v. Bosco Ntaganda, having regard to Articles 64 and 69 of the Rome Statute, Rule 69 of the Rules of Procedure and Evidence ( Rules ), and Regulation 24(5) of the Regulations of the Court, issues the following Decision on parties submissions concerning Agreed Fact 69. 1. On 22 June 2015, upon receipt of a joint submission by the Office of the Prosecutor ( Prosecution ) and the defence team for Mr Ntaganda ( Defence ), 1 the Chamber took note of 82 facts upon which the parties had reached an agreement ( Agreed Facts ). 2 The parties agreed, inter alia, on the fact that Rwanda provided weapons and ammunition to the UPC/FPLC beginning in July 2002 ( Agreed Fact 69 ). 2. On 29 March 2017, the Prosecution completed its presentation of evidence. 3 3. Between 14 June and 13 September 2017, Mr Ntaganda testified before the Chamber, including on matters related to Agreed Fact 69. 4. On 31 August 2017, after having heard the parties and participants submissions on the matter, 4 the Chamber ordered the Defence to consult with and obtain instructions from Mr Ntaganda after the completion of his testimony, and provide, within two days, further submissions on its position on Agreed Fact 69 and on any other Agreed Facts upon which Mr Ntaganda may have not been consulted. It further indicated that upon receipt of those submissions, the Chamber would evaluate whether it would require further observations, including whether it shall authorise the Prosecution to adduce 1 Joint submission by Prosecution and Defence on agreed facts, 8 June 2015, ICC-01/04-02/06-633, with Annex A, ICC-01/04-02/06-633-AnxA-Red. 2 Decision on Prosecution and Defence joint submission on agreed facts, 22 June 2015, ICC-01/04-02/06-662. 3 Prosecution s Notice of the Close of its Case-in-Chief, 29 March 2017, ICC-01/04-02/06-1839. 4 Transcript of hearing on 31 August 2017, ICC-01/04-02/06-T-234-CONF-ENG ET, page 17, line 11 to page 27, line 13. No. ICC-01/04-02/06 3/6 9 October 2017

ICC-01/04-02/06-2058 09-10-2017 4/6 EC T additional evidence on this issue or any other issue flowing from the agreed facts, and whether any issues arising from the Code of Professional Conduct for counsel would need to be addressed. 5 5. On 22 September 2017, after having been granted an extension of time 6 and instructed to file its submissions originally provided via email 7 on the record of the case, 8 the Defence filed its submissions ( Defence Submissions ). 9 The Defence indicates that Agreed Fact 69 does not accord with Mr Ntaganda s knowledge, who denies having any knowledge of this fact. 10 It explains that while Mr Ntaganda was consulted in relation to all proposed Agreed Facts, the Defence misunderstood Mr Ntaganda s observations regarding proposed Agreed Fact 69. 11 The Defence further argues that Agreed Fact 69 is of little relevance to the matters in issue in this case, as the crimes charged were allegedly committed during a conflict of a non-international character. 12 It further indicates that no other agreed fact requires modification or qualification on the basis of Mr Ntaganda s review. 13 6. On 28 September 2017, in accordance with the Chamber s instruction, 14 the Prosecution filed its response ( Prosecution Submissions ). 15 The Prosecution submits that the Defence provided inconsistent information on the degree of consultation with Mr Ntaganda regarding the proposed Agreed Facts, and unconvincing explanations in general concerning the alleged 5 Transcript of hearing on 31 August 2017, ICC-01/04-02/06-T-234-CONF-ENG ET, page 28, lines 5 to 25. 6 See Email communication from the Chamber to the parties and participants on 15 September 2017, at 15:35, in which the Chamber granted the Defence s request for an extension of time until 20 September 2017 to provide its position on the agreed facts on the basis of Mr Ntaganda s instructions (email communication from the Defence to the Chamber on 15 September 2017, at 14:23). 7 Email communication from the Defence to the Chamber on 20 September 2017, at 14:44. 8 Email communication from the Chamber to the parties and participants on 21 September 2017, at 8:49. 9 Submission on agreed facts, ICC-01/04-02/06-2043-Conf. 10 Defence Submissions, ICC-01/04-02/06-2043-Conf, para. 3. 11 Defence Submissions, ICC-01/04-02/06-2043-Conf, paras 4-5. 12 Defence Submissions, ICC-01/04-02/06-2043-Conf, para. 6. 13 Defence Submissions, ICC-01/04-02/06-2043-Conf, para. 7. 14 Email communication from the Chamber to the parties and participants on 21 September 2017, at 8:49. 15 Prosecution s response to the Defence submission on agreed fact, ICC-01/04-02/06-2046-Conf. No. ICC-01/04-02/06 4/6 9 October 2017

ICC-01/04-02/06-2058 09-10-2017 5/6 EC T misunderstanding of the accused s position on this issue. 16 The Prosecution submits that, contrary to the Defence s allegation, the fact in question is not of peripheral relevance and that it is relevant not only to the nature of the armed conflict, but also to the common plan as charged under Article 25(3)(a) of the Statute, as well as Mr Ntaganda s credibility. 17 The Prosecution indicates further that, had it known from the start of the trial that Agreed Fact 69 was disputed, it would have adduced evidence to prove the fact. 18 Therefore, the Prosecution submits that, should the Chamber vitiate Agreed Fact 69, it seeks leave to adduce further evidence of Rwanda s role in the provision of weapons and ammunition to the accused and his group in July 2002. 19 7. On 5 October 2017, the Defence sought leave to reply to the Prosecution Submissions with respect to five issues ( Request for leave to reply ). 20 In the present case, the Chamber does not consider that it would be assisted by further submissions on any of the identified issues upon which leave to reply is sought, and therefore rejects the Request for leave to reply. 8. The Chamber notes the Defence s explanation concerning the circumstances that led to its change of position concerning Agreed Fact 69. In the present circumstances, the Chamber does not intend to further address any issues related to the conduct of the Defence counsel. 9. The Chamber also notes the Prosecution s request, in light of the current Defence position, seek[ing] leave to adduce further evidence on matters related to Agreed Fact 69, namely, documentary evidence or statement(s) taken under [R]ule 68(2)(b) of the Rules. In the present circumstances, the 16 Prosecution Submissions, ICC-01/04-02/06-2046-Conf, paras 3-4, 30-33. 17 Prosecution Submissions, ICC-01/04-02/06-2046-Conf, paras 2, 34. 18 Prosecution Submissions, ICC-01/04-02/06-2046-Conf, para. 35. 19 Prosecution Submissions, ICC-01/04-02/06-2046-Conf, paras 2, 36-37. 20 Request for leave to reply to Prosecution s response to the Defence submission on agreed facts, 5 October 2017, ICC-01/04-02/06-2054-Conf. No. ICC-01/04-02/06 5/6 9 October 2017

ICC-01/04-02/06-2058 09-10-2017 6/6 EC T Chamber directs the Prosecution to file any such request by 10 November 2017. The Chamber will consider any such request, together with the evidence sought to be tendered, after receiving any submissions from the parties and participants, which shall be filed by 17 November 2017. FOR THE FOREGOING REASONS, THE CHAMBER HEREBY REJECTS the Request for leave to reply; TAKES NOTE of the parties position concerning Agreed Fact 69; and DIRECTS the Prosecution to file any request to adduce additional evidence by 10 November 2017, and the Defence and the Legal representatives of victims to file any responses by 17 November 2017. Done in both English and French, the English version being authoritative. Judge Robert Fremr, Presiding Judge Judge Kuniko Ozaki Judge Chang-ho Chung Dated this 9 October 2017 At The Hague, The Netherlands No. ICC-01/04-02/06 6/6 9 October 2017