Background

The ICC’s investigation of the situation in Afghanistan focuses on alleged atrocity crimes committed during the ongoing armed conflict which involves international military forces (International Security Assistance Force (ISAF), North Atlantic Treaty Organization (NATO) forces, U.S. forces), Afghan government forces, and armed anti-government groups such as the Taliban. After Al-Qaeda terrorists attacked the World Trade Center in New York City and the Pentagon in Washington, DC on September 11, 2001, the U.S. launched the “War on Terror.” The U.S. demanded that the Taliban government of Afghanistan surrender Al-Qaeda leader Osama bin Laden and stop Al-Qaeda terrorist operations in Afghanistan. In October 2001, a U.S.-led coalition of forces invaded Afghanistan and attacked the Taliban government and Al-Qaeda terrorists. In December 2001, the Taliban government was ousted, and the UN assisted with the formation of the Afghan Interim Administration. Throughout the conflict, civilians were killed and injured by international forces, Afghan government forces, and Taliban and other armed anti-government groups. 

In 2020, Afghanistan remained one of the deadliest conflictsfor civilians and consistently neared the top of risk lists for mass atrocities. 

ICC Status

Afghanistan is a State Party of the International Criminal Court (ICC) and ratified the Rome Statute on February 10, 2003. After receiving communications since June 2006 of alleged atrocity crimes committed in Afghanistan, the ICC Office of the Prosecutor (OTP) made public its preliminary examination in 2007.  After opening a preliminary examination, to make a determination to open a formal investigation, the OTP assesses the following factors: jurisdiction (temporal, territorial or personal, and subject matter); admissibility (complementarity and gravity); and the interests of justice. 

As of December 2017, the OTP completed its preliminary examination. On November 20, 2017, the ICC Prosecutor requested authorization from Pre-Trial Chamber III to initiate an investigation into alleged war crimes and crimes against humanity committed in relation to this conflict.

On April 12, 2019, Judges in Pre-Trial Chamber II rejected the Prosecutor’s request and declined to authorize an investigation. The Pre-Trial Chamber found that  there was sufficient evidence at this early stage (“reasonable basis to consider”) that crimes under the Court’s jurisdiction were committed in Afghanistan and also found that cases would be admissible—that the Court’s gravity threshold had been met and that there had not been national criminal proceedings regarding those most responsible for the crimes at issue. However, the Court determined that an investigation would not be “in the interests of justice” for several reasons, including the significant time passed since the preliminary examination began in 2006 and the lack of cooperation expected from states involved. Pre-Trial Chamber II granted the Prosecutor’s request for leave to appeal on Sept. 17, 2019. Arguments from the Office of the Prosecutor, representatives of victims, and amici were heard in December 2019.

On March 5, 2020, the Appeals Chamber decided unanimously to authorize the Prosecutor to open an investigation. The Appeals Chamber held that the Pre-Trial Chamber erred in considering whether an investigation was in the “interests of justice.” Because the Pre-Trial Chamber had found there was a factual and jurisdictional basis to proceed, the Appeals Chamber authorized the Prosecutor to commence an investigation according to the parameters in her request (crimes allegedly committed on the territory of Afghanistan since May 1, 2003, and other alleged crimes that have a nexus to the armed conflict, are sufficiently linked to the situation in Afghanistan, and were committed on the territory of other States Parties to the Rome Statute since July 1, 2002). 

In April 2020, Afghanistan filed a request under Article 18 of the Rome Statute asking the Prosecutor to “defer to Afghanistan’s national investigations and proceedings,” which Afghanistan alleges “cover allegations of crimes committed by Afghan forces, the Taliban and related groups, other terrorist groups and international forces.” Afghanistan provided further confidential information on national proceedings in June 2020 which are under review by the Prosecutor.

US Sanctions on ICC Personnel

In June 2020, US President Donald Trump issued Executive Order 13928 authorizing financial and travel sanctions against ICC personnel and their immediate families, alleging ICC investigations of US personnel or those of allies without consent constituted an “unusual and extraordinary threat to the national security and foreign policy of the United States” and declaring a “national emergency.” On September 2, 2020, the ICC Prosecutor and a senior staff member were added to the US Office of Foreign Asset Control list and designated as “specially designated nationals,” materializing travel and economic sanctions made possible by the executive order. President Biden reversed the executive order and removed all associated sanctions in April 2021. 

Other Resources (non-ABA)

Afghanistan and the International Criminal Court: Questions & Answers (Human Rights Watch 2017)
The International Criminal Court and the United States: Questions & Answers (Human Rights Watch 2020)
Amb. David J. Scheffer, The ICC’s Probe Into Atrocities in Afghanistan, What to Know (Council on Foreign Relations, Mar. 6, 2020)
International Criminal Court: U.S. Sanctions in Response to Investigation of War Crimes in Afghanistan (Congressional Research Service, June 19, 2020)

Updated: 5/10/2021

Background  

The situation in Burundi focuses on alleged atrocity crimes committed during a political crisis which involved Burundi government forces, pro-government armed groups (CNDD-FDD-ruling political party, Imbonerakure-CNDD-FDD’s youth wing), and protest groups (opposition political parties and citizens). The political crisis occurred from April 2015 to the present, and remains at risk for violence in light of the upcoming Parliamentary and Presidential elections in May 2020. 

On April 25, 2015, President Pierre Nkurunziza announced that he would run for a third term which sparked violent clashes between Burundi government forces and protesters and an attempted military coup. Protesters argued that Nkurunziza was barred from running for a third term under the constitution which states the president may only serve two terms. Nkurunziza supporters argued that his first term was by parliamentary vote not by electoral vote, so he had only served one term by election and was eligible to run for another term by election. On July 21, 2015, amidst shootings and explosions, the presidential election was held. On July 24, 2015, President Nkurunziza was re-elected. Burundi government forces and pro-government armed groups, particularly the Imbonerakure, sought to gain control through killings, torture, forced disappearances, and forced detentions, and targeted women for rape, sexual violence, and mutilations. In addition to the killing of an opposition leader in May 2015, an opposition spokesperson and an opposition leader were killed in September 2015. The UN Independent Investigation on Burundi (UNIIB) reported that the UN Office of the High Commissioner for Human Rights (OHCHR) verified 564 executions (April 2015–August 2016).

ICC Status  

Burundi was a State Party to the International Criminal Court (ICC) and ratified the Rome Statute on September 21, 2004. On April 25, 2016, after receiving communications of alleged atrocity crimes committed in Burundi, the ICC Office of the Prosecutor (OTP) opened a preliminary examination. In October 2016, Burundi’s Parliament voted to withdraw from the ICC and notified the UN Secretary General of the withdrawal. Withdrawal from the ICC becomes effective one year after withdrawal notification to the UN Secretary General, unless otherwise specified, under Article 127(1) of the Rome Statute. A State is not discharged, by reason of its withdrawal, from its obligations under the Rome Statute including the duty to cooperate with investigations and proceedings which were commenced prior to the date on which the withdrawal became effective under Article 127(2) of the Rome Statute. Burundi’s withdrawal from the Rome Statute became effective on October 27, 2017.

On October 25, 2017, Pre-Trial Chamber III authorized the Prosecutor’s request pursuant to Art. 15(3) to open an investigation in Burundi. The Prosecutor opened an investigation proprio motu into alleged crimes against humanity committed in Burundi or in other countries by nationals of Burundi. The focus of the investigation is alleged crimes of murder and attempted murder, imprisonment or severe deprivation of liberty, torture, rape, enforced disappearance, and persecution committed between April 26, 2015 and October 26, 2017. 

The investigation is ongoing.

For more information on the situation in Burundi, please visit the ICC page.

Background

The Situation in the Central African Republic I (CAR I) focuses on alleged atrocity crimes committed during an armed conflict which involved CAR government forces under President Ange‐Felix Patasse, rebel forces under General Francois Bozize, and the Mouvement de Libération du Congo (MLC). The armed conflict occurred from October 26, 2002 to March 15, 2003.

In 1960, the CAR gained independence from France. From the 1960s to the 1990s, CAR leaders ruled as dictators and were replaced in military coups. In 1993, in the CAR’s first multi-party democratic elections, President Patasse was elected. Despite the initial excitement over the CAR’s first peaceful transition of power, factions of the military attempted to overthrow President Patasse in 1996 and 1997. In October 2001, after another military coup attempt, President Patasse attempted to arrest the Chief of Staff of the Armed Forces, General Bozize, on suspicion of his involvement with the coup. President Patasse-led government forces clashed with General Bozize-led rebel forces.

On October 25, 2002, General Bozize-led rebel forces again clashed with President Patasse-led CAR government forces, which were supported by Libyan forces and MLC forces. The MLC was a rebel armed group formed by Jean-Pierre Bemba Gombo to overthrow the government of the Democratic Republic of the Congo (DRC). Mr. Bemba and President Patasse made an agreement that MLC forces would support CAR forces in exchange for the CAR government not supporting the DRC government. The MLC attacked General Bozize-led rebel forces and civilians, pillaged villages, and targeted men, women, and children for rape and sexual violence. On March 15, 2003, General Bozize-led rebel forces marched into Bangui and blocked President Patasse from returning. General Bozize declared himself president. President Bozize was elected in 2005 and, after numerous delays, re-elected in2011.

In 2015, CAR established (through Organic Law 15/003 (English summary)) a hybrid tribunal, the Special Criminal Court (SCC), integrated into the CAR national justice system but applying a mix of CAR and international law. The SCC “is authorized to investigate, prosecute and try serious violations of human rights and serious violations of international humanitarian law . . . in particular the crime of genocide, crimes against humanity, and war crimes” from January 1, 2003 onward. It began active work in 2018 following the adoption of Rules of Procedure and Evidence.

ICC Status

The CAR is a State Party to the International Criminal Court (ICC) and ratified the Rome Statute on October 3, 2001. On December 22, 2004, after receiving a referral (dated December 22, 2004) from the government of the CAR of alleged atrocity crimes committed on its territory, the ICC Office of the Prosecutor (OTP) opened a preliminary investigation. On May 22, 2007, the OTP opened a formal investigation. Within the Situation in CAR I, there are the following cases: The Prosecutor v. Jean Pierre Bemba Gombo and The Prosecutor v. Bemba et al.

For more information on the Situation in CAR I, please visit the ICC page.

Other Resources (non-ABA)

Conflict Tracker: Central African Republic (Council on Foreign Relations)Country Case Studies: Central African Republic (US Holocaust Memorial Museum)

Updated:  2/2/2021

The Situation in Côte d’Ivoire involves violence resulting from the country’s contested presidential elections of 2010, following a decade of tension over the leadership of Côte d’Ivoire. After former President Laurent Gbagbo was elected in 2000, a revolt occurred in 2002, which resulted in civil unrest. The government held the majority Christian south, and rebels controlled the majority Muslim north. After Gbagbo refused to hold elections in 2004, the government allegedly ordered airstrikes against different rebel groups.

The government continued to refuse to hold elections until 2010. In November 2010, former Prime Minister and Rally of the Republicans candidate Alassane Ouattara was elected President, but former President Gbabgo disputed the election results and refused to cede power. In November 2010, pro-Gbagbo forces allegedly attacked civilians perceived to be associated with the Ouattara opposition in Abidjan and western Côte d’Ivoire. The attacks allegedly often targeted civilians on the basis of ethnic, religious, national or political affiliations. The situation escalated to an armed conflict between pro-Gbagbo forces and pro-Ouattara forces that lasted until April 2011, with both sides allegedly committing murder, rape, attacks against civilians and attacks to cultural and religious institutions.

Côte d’Ivoire ratified the Rome Statute on February 15, 2013. Prior to ratification, Côte d’Ivoire accepted International Criminal Court (ICC) jurisdiction in April 2003 and again in both December 2010 and May 2011. The Office of the Prosecutor (OTP) initiated a proprio motu investigation on June 23, 2011, which was later authorized by the ICC’s Pre-Trial Chamber III on October 3, 2011. The OTP initially requested authorization to investigate crimes since November 28, 2010, but the investigation was later expanded to cover evidence of crimes since September 19, 2002. Within the Côte d’Ivoire situation, there are the following cases: The Prosecutor v. Simone Gbagbo and The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé.

For more information on the Situation in Côte d’Ivoire, please visit the ICC page.

The conflict in the Democratic Republic of the Congo (DRC) involves a protracted conflict between the government of the DRC and many armed groups. The DRC has experienced conflict since the First Congo War in 1996, with violence erupting again in 1998 when armed rebel groups began to engage with forces of the government of the DRC (the Second Congo War). During this period, up to 25 armed groups and eight African states supported various actors in the conflict. The government finalized a peace agreement with rebel groups in 2003, with later peace agreements in Ituri in 2007 and Kivu in 2009. However, various groups continued to engage in armed conflict in the eastern parts of the country throughout the past decade.

The conflict has been characterized by patterns of extreme brutality and attacks against civilians, including rape, torture, forced displacement, the use of child soldiers, and mass murder. Millions of civilians have died over the course of the conflict.

The DRC ratified the Rome Statute on April 11, 2002. The DRC referred itself to the International Criminal Court (ICC) on April 19, 2004. Following a preliminary examination, the Office of the Prosecutor officially opened an investigation on June 23, 2004. Within the Situation in the DRC, there are the following cases: The Prosecutor v. Mathieu Ngudjolo Chui​, The Prosecutor v. Germain Katanga, The Prosecutor v. Thomas Lubanga Dyilo, The Prosecutor v. Callixte Mbarushimana, The Prosecutor v. Sylvestre Mudacumura and The Prosecutor v. Bosco Ntaganda.

For more information on the Situation in the DRC, please visit the ICC page.

Background

The Situation in Georgia focuses on alleged atrocity crimes committed during an international armed conflict, also known as the 2008 Georgian-South Ossetia conflict or the 2008 Russo-Georgian war, which involved Georgian government forces, South Ossetian separatist forces, and Russian government forces. The armed conflict occurred from July 1 to October 10, 2008. 

Under the Soviet Union, South Ossetia was transferred as an autonomous region to Georgia. In the 1980s, South Ossetian separatists began to agitate for independence. From 1991 to 1992, Georgian government forces and South Ossetian separatists, supported by Russian government forces, fought for control over the territory. In 1992, Georgia and South Ossetia signed the Sochi agreement which established a ceasefire.

By 2008, long-simmering tensions amongst Georgia, South Ossetia, and Russia boiled over. On August 5, 2008, Russia declared that if there was conflict between Georgia and South Ossetia, Russia would defend the rights of Russians in South Ossetia. On August 7, 2008, despite a peace attempt, Georgia launched an attack on South Ossetia’s capital Tshkinvali to regain control over the territory. On August 8, 2008, Russian tanks entered South Ossetia. On August 12, 2008, Russian government forces entered Georgia. South Ossetian separatist forces, along with Russian forces, attacked ethnic Georgian civilians, pillaged towns, and forcibly displaced civilians from South Ossetia. South Ossetian separatist forces attacked Georgian peacekeepers, and Georgian government forces attacked Russian peacekeepers. On August 13, 2008, Georgia and Russia agreed to a ceasefire agreement. On August 18, 2008, after creating a buffer zone between Georgia and South Ossetia, Russia pulled back its forces from Georgia to the buffer zone. On October 8, 2008, after months of continued hostilities, Russian withdrew its forces from the buffer zone back to South Ossetia.    

ICC Status

Georgia is a State Party to the International Criminal Court (ICC) and ratified the Rome statute on September 5, 2003. On August 14, 2008, after receiving communications of alleged atrocity crimes committed in Georgia, the ICC Office of the Prosecutor (OTP) announced a preliminary examination. On March 17, 2015, the government of Georgia informed the OTP that Georgia had indefinitely suspended national proceedings (according to OTP information, some domestic investigations in Russia regarding certain alleged crimes are ongoing). In a November 2015 report, the OTP determined that there is a reasonable basis to believe that South Ossetian separatist forces and Georgian government forces committed war crimes, and  that South Ossetian separatist forces committed crimes against humanity. On October 13, 2015, the OTP requested authorization to conduct a formal investigation, which was granted by Pre-Trial Chamber I on January 27, 2016. The investigation is focused on alleged crimes committed between July 1 – October 10, 2008 in and around South Ossetia, in particular the crimes against humanity of murder, forcible transfer, and persecution, and the war crimes of attacks against civilian populations, willful killing, directing attacks against peacekeepers, destruction of property, and pillaging. Within the Situation in Georgia, there are no specific cases.

The ICC maintains a field office in Tbilisi, Georgia.

For more information on the Situation in Georgia, visit the ICC page.

[Updated July 27, 2020]

The Situation in Kenya involves mass violence and accompanying atrocities that occurred after the country’s contested 2007-2008 election. The violence spread across six of the eight Kenyan provinces: Nairobi, North Rift Valley, Central Rift Valley, South Rift Valley, Nyanza Province and Western Province. Following the announcement of the re-election of President Mwai Kibaki, supporters of the opposition candidate, Raila Odinga, rejected the declared election results and accused the government and the President of electoral fraud. A series of protests and demonstrations devolved into post-election violence, mainly perpetrated between two tribes: that of Kibaki, the Kikuyu, and that of Odinga, the Luo. The violence resulted in over 1,100 deaths, over 3,500 injuries, 900 acts of documented rape and sexual violence, and up to 500,000 forcibly displaced persons.

Kenya ratified the Rome Statute on March 15, 2005. The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) initiated a proprio motu investigation on November 26, 2009, which was later authorized by the ICC’s Pre-Trial Chamber II on March 31, 2010. Within the Situation in Kenya, there are the following cases: Prosecutor v. Paul Gicheru and Philip Kipkoech Bett, The Prosecutor v. William Samoei Ruto and Joshua Arap Sang, The Prosecutor v. Uhuru Muigai Kenyatta and The Prosecutor v. Walter Osapiri Barasa.

For more information on the Situation in Kenya, please visit the ICC page.

The Situation in Libya involves mass violence that occurred throughout Libya’s six month popular uprising in 2011. Colonel Muammar Mohammed Abu Minyar Gaddafi, who ruled Libya since 1969, instituted a legal and political regime, which allowed him to rule with absolute power. Initial protests in Libya began on February 15, 2011, when thousands of demonstrators gathered in front of the police headquarters in Benghazi to protest the arrest of two Libyan lawyers and human rights activists. Libyan security forces allegedly openly fired into the crowd, killing many civilians. In the following weeks, Libyan security forces allegedly carried out a systematic attack against the civilian population, killing, injuring, arresting, and disappearing hundreds of civilians perceived as dissidents, including citizens of Egypt and Tunisia. The attacks followed the same pattern in multiple locations, but were especially prominent in Benghazi and Misrata. There is evidence that 500-700 people were killed in the initial February 2011 shootings, and that thousands died over the course of the conflict. The United Nations (UN) estimates that hundreds of thousands of people have been displaced by the conflict in Libya.

Libya is not a State Party to the Rome Statute. On February 26, 2011, the United Nations Security Council unanimously referred the situation in Libya on February 26, 2011 to the International Criminal Court (ICC) for investigation through Resolution 1970. Following a preliminary examination, the Office of the Prosecutor of the ICC officially opened an investigation on March 3, 2011. Within the Situation in Libya, there is one case: The Prosecutor v. Saif Al-Islam Gaddafi.

For more information on the Situation in Libya, please visit the ICC page.

Background

The Situation in Mali focuses on alleged atrocity crimes committed during an armed conflict between Malian government forces, the Mouvement national de libération de l’ Azawad (MNLA), and Muslim armed groups such as the Al-Qaeda in the Islamic Maghreb (AQIM) and the Ansar Dine. The armed conflict occurred from January 17, 2012 to the present.

On January 28, 2012, the MNLA, along with the AQIM, launched an attack on a town in northern Mali, and the two armed groups fought against Malian government forces over control of northern Mali. The MNLA is a Tuareg armed group that sought to create an independent state called Azawad in northern Mali. The AQIM is a Muslim armed group that sought to impose Sharia law over Mali. On March 22, 2012, President Toure was deposed in a military coup by Malian soldiers who were angered by the Malian government’s inability to defeat the MNLA, and the Malian soldiers looted the capital. President Toure resigned, and Dioncounda Traore was declared interim president.

On April 6, 2012, taking advantage of the political crisis, the MNLA declared the independence of Azawad state. On May 27, 2012, the MNLA and the Ansar Dine agreed to create an Islamic state. The Ansar Dine is a Muslim armed group with ties to Al-Qaeda that sought to impose Sharia law over Mali. However, the alliance between Ansar Dine and the MNLA fell apart. By June 2012, Ansar Dine and other Muslim armed groups had pushed the MNLA out of northern Mali and controlled Kidal, Timbuktu, and Gao. From May to July 2012, the Ansar Dine and other Muslim armed groups destroyed historical holy sites, mausoleums, and mosques (UNESCO World Heritage sites) in Timbuktu. With French-led international military assistance, Mali regained control of northern Mali. However, despite peace attempts in June 2013, February 2015, and June 2015, the conflict is still ongoing.  

ICC status    

Mali is a State Party to the International Criminal Court (ICC) and ratified the Rome Statute on August 16, 2000. On July 18, 2012, after receiving a referral (dated July 13, 2012) from the government of Mali of alleged atrocity crimes committed on its territory, the ICC Office of the Prosecutor (OTP) opened a preliminary examination. On January 16, 2013, the OTP opened a formal investigation. Within the Situation in Mali, there is the following case: The Prosecutor v. Ahmad Al Faqi Al Mahdi.

For more information on the Situation in Mali, please visit the ICC page. 

Background

The preliminary examination of the Situation in the Philippines focuses on alleged atrocity crimes committed since July 1, 2016 in the context of the Government of the Philippines’ “war on drugs” campaign. Specifically, there are allegations that thousands were killed related to their alleged involvement in illegal drug use or sale. Some of the alleged killings were committed by members of Philippine law enforcement and armed forces, while others were reportedly carried out by unidentified assailants.

In June 2020, the Government of the Philippines created an inter-agency panel to reinvestigate deaths in police war on drugs operations. While the OTP monitored domestic developments to determine the genuineness of the investigations, the Prosecutor ultimately determined that “the overall failure to take meaningful action to bring perpetrators to justice, particularly when combined with promises of immunity or protection from accountability, constitutes a form of encouragement to perpetrators to continue committing violent crimes against suspected drug users and dealers.”

ICC Status

The Philippines ratified the Rome Statute on August 30, 2011. The ICC has jurisdiction over Rome Statute crimes committed since November 1, 2011. On March 17, 2018, the Government of the Philippines deposited a written notification of withdrawal from the Rome Statute. The withdrawal took effect on March 17, 2019. However, the Court retains jurisdiction over alleged crimes that occurred in the Philippines during the time period when it was a State Party to the Court – from November 1, 2011 through March 16, 2019.

In its December 14, 2020 report, the OTP stated that it is satisfied that crimes against humanity were committed between at least July 1, 2016 and March 16, 2019, and therefore it has subject matter jurisdiction.

In June 2021, the Prosecutor requested publicly to open an investigation into crimes committed in the Philippines between November 1, 2011 – March 16, 2019, focusing on allegations of murder as a crime against humanity through the so-called “war on drugs” campaign throughout the Philippines in 2016-2019 and earlier in the Davao region (2011-2016).

Pre-Trial Chamber I authorized the opening of an investigation on September 15, 2021 in line with the Prosecutor’s request, finding a reasonable basis to conclude that crimes within the Court’s jurisdiction had been committed, and noting that the investigation could encompass other crimes within the territorial, temporal, an factual parameters of the Prosecutor’s request. In its decision, the Pre-Trial Chamber emphasized that “based on the facts as they emerge at present and subject to proper investigation and further analysis, the so-called ‘war on drugs’ campaign cannot be seen as a legitimate law enforcement operation, and the killings discussed above neither as legitimate nor as mere excesses in an otherwise legitimate operation, and that “[r]ather, the available material indicates that an attack against the civilian population within the meaning of Article 7(2)(1) of the Statute occurred.” The Pre-Trial Chamber also reiterated that despite the Philippines’ withdrawal from the Rome Statute, when was effective in March 2019, the Court retained jurisdiction over crimes committed while the Philippines was State Party.

The Chamber considered 204 victim representations, and noted that 94% of the victims representations favored an investigation.

For more information on the preliminary examination in the Philippines, please visit the ICC page.

Other Resources (non-ABA)

Report of the UN High Commissioner for Human Rights on the Situation of Human Rights in the Philippines (UN Human Rights Council, 2020)
Report: License to Kill: Philippine Police Killings in Duterte’s “War on Drugs” (Human Rights Watch, 2017)
Ongoing Extrajudicial Executions and Other Violations in the Philippines’ ‘War on Drugs’ (Amnesty International, 2019)
Frontline: Get the Backstory on Duterte’s ‘War on Drugs’ as ICC Green Lights Investigation into Philippines Killings (PBS, 2021)

Updated 10/08/2021 

The Situation in Sudan involves a conflict between the government of Sudan and several armed rebel groups who are fighting for access to and control over resources and land, as well as increased rights for their perceived disadvantaged tribes or social groups. In the Darfur region, the conflict also has an ethnic dimension. From 2003-2005 in Darfur, pro-government Arab militias (including the Janjaweed, also known as the “Moujahadeen”) were accused of conducting an ethnic cleansing campaign against non-Arabs. In combating rebel forces in Darfur, these pro-government militias allegedly attacked civilian populations, looted civilian property, and caused forced displacement.

Attacks on aid workers and peacekeepers have also occurred throughout the conflict. Several different parties have been accused of committing human rights violations and attacks on the civilian population, causing the displacement of tens of thousands of refugees.

Sudan is not a State Party to the Rome Statute. The United Nations (UN) Secretary General Kofi Annan established the International Commission of Inquiry on Darfur in October 2004, and published a report on April 7, 2005 finding reason to believe that war crimes and crimes against humanity had been committed in Darfur under article 8 and 7 respectively of the Rome Statute. On March 31, 2005, the UN Security Council referred the situation in Darfur/Sudan to the ICC for investigation through Resolution 1593. Following a preliminary examination, the Office of the Prosecutor of the ICC officially opened an investigation in Darfur on June 6, 2005. Within the Situation in Sudan, there are the following cases: The Prosecutor v. Bahr Idriss Abu Garda, The Prosecutor v. Omar Hassan Ahmad Al Bashir, The Prosecutor v. Abdallah Banda Abakaer Nourain, The Prosecutor v. Ahmad Muhammad Harun “Ahmad Harun” and Ali Muhammad Ali Abd-Al-Rahman “Ali Kushayb” and The Prosecutor v. Abdel Raheem Muhammad Hussein.

For more information on the Situation in Sudan, please visit the ICC page.

The Situation in Uganda involves a protracted conflict between the government of Uganda and armed rebel groups, primarily the Lord’s Resistance Army (LRA). The LRA has waged an ongoing insurgency against the Ugandan government; the Ugandan Army, the Ugandan People’s Defense Forces (UPDF); and local defense units since 1987. The conflict has caused tens of thousands of deaths and abductions, and has displaced up to two million civilians throughout the region, causing many to live in internal displacement persons camps with threats of both LRA and UDPF abuses.

The LRA has consistently targeted and directed attacks against civilians. As part of these attacks, the LRA have used many tactics to brutalize the civilian population, including mass murder, mutilation, and forceful abduction of children to be child soldiers, servants, and sex slaves. Although the Lord’s Resistance Army has been inactive in northern Uganda since 2006, it still operates in the border region between the Democratic Republic of the Congo, the Central African Republic, and South Sudan. The UDPF has also been accused of attacks against civilians. Alleged rebel collaborators have been subjected to torture as part of interrogations and have been killed if found outside camps. In the camps, women and girls are victims of sexual abuse and civilians have been killed from beatings. To date, however, the alleged crimes committed by the LRA have been the focus of the conflict.

Uganda ratified the Rome Statute on June 14, 2002. Uganda referred itself to the International Criminal Court (ICC) on December 16, 2003. Following a preliminary examination, the Office of the Prosecutor officially opened an investigation on July 28, 2004. Within the Situation in Uganda, there are the following cases: The Prosecutor v. Joseph Kony and Vincent Otti and The Prosecutor v. Dominic Ongwen.

For more information on the Situation in Uganda, please visit the ICC page.