Location | Scheveningen, The Hague |
---|---|
Coordinates | 52°06′38″N4°18′05″E / 52.11061°N 4.301469°E |
Capacity | 12 |
Opened | 2006 |
Managed by | The ICC registrar |
People detained by the International Criminal Court (ICC) are held in the ICC's detention centre, which is located within a Dutch prison in Scheveningen, The Hague. The ICC was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. [1] As of June 2018, it has issued public arrest warrants for 42 individuals, six of whom are currently in custody of the court.
The ICC detention centre is for holding people who have been charged with crimes, not for imprisoning convicted criminals. [2] As such, all detainees are considered innocent until their guilt has been proven. [2] Upon conviction by the ICC, criminals are transferred outside the Netherlands to serve their sentences. [2]
The ICC currently has twelve detention cells in a Dutch prison in Scheveningen, The Hague. [3] Suspects held by the International Residual Mechanism for Criminal Tribunals are held in the same prison and share some facilities, like the fitness room, but have no contact with suspects held by the ICC. [3]
The ICC registrar is responsible for managing the detention centre. [4] The rules governing detainment are contained in Chapter 6 of the Regulations of the Court [4] and Chapter 5 of the Regulations of the Registry. [5] The International Committee of the Red Cross (ICRC) has unrestricted access to the detention centre. [6]
Each individual has their own toilet and washing area. [7] Each has access to a small gym and is offered training with a physical education instructor. [7]
Detainees are provided with meals, but they may also cook for themselves, purchase food from the prison shop, and have ingredients ordered in. [2] [8] However, Charles Taylor's lawyers have complained that "the food which is served is completely Eurocentric and not palatable to the African palate". [8]
Each detainee has a personal computer in their cell, on which they can view material related to their case. A specific computer is designated to the defence, where they can upload case-related material for the detainee to view and comment on. [2] They are offered computer training, if required, [2] and language courses. [7] Additionally, detainees are given access to fresh air, recreational and sports activities, as well as television and news.
Detainees are allowed to communicate in private with their defense teams and diplomatic representatives of their countries of origin. [2] They are permitted visits from family members, spouses and partners, and spiritual advisors. [2]
The following table lists all the people who have been held at the ICC detention centre since it was established in 2006. The first person detained by the court was Thomas Lubanga, who arrived at the detention centre on March 17, 2006. [9]
Three former prisoners have been released or transferred, including Charles Taylor, who was tried in the Special Court for Sierra Leone. His trial was held at the ICC's facilities in The Hague because of political and security concerns about holding the trial in Freetown. [8] [10]
Name | Arrived | Departed | Notes | Ref. |
---|---|---|---|---|
Thomas Lubanga Dyilo | 17 March 2006 | 19 December 2015 | Sentence of 14 years' imprisonment. On 19 December 2015, he was transferred to a prison facility in the Democratic Republic of the Congo (DRC) to serve his sentence of imprisonment. | [11] |
Charles Taylor | 20 June 2006 | 15 October 2013 | Tried by the Special Court for Sierra Leone, transferred to the United Kingdom to serve his sentence of 50 years' imprisonment. [12] | [13] |
Germain Katanga | 17 October 2007 | 19 December 2015 | Sentence of 12 years' imprisonment. On 13 November 2015, the Appeals Chamber reduced his sentence. The date for the completion of the sentence is set to 18 January 2016. On 19 December 2015, Germain Katanga was transferred to a prison facility in the Democratic Republic of the Congo (DRC) to serve his sentence of imprisonment. | [14] |
Mathieu Ngudjolo Chui | 7 February 2007 | 21 December 2012 | Released following acquittal; appeal confirming previous sentence | [15] |
Jean-Pierre Bemba | 3 July 2008 | 14 June 2018 | Sentenced to 18 years' imprisonment as of 21 June 2016. His war crimes conviction was overturned on June 8, 2018. He has one appeal remaining regarding witness tampering. | [16] |
Radovan Karadžić | 30 July 2008 | 26 May 2021 | Tried by the International Criminal Tribunal for the former Yugoslavia, sentenced to life imprisonment on 20 March 2019. Moved to a prison on the Isle of Wight on 26 May 2021. | [17] |
Callixte Mbarushimana | 25 January 2011 | 23 December 2011 | Released following dismissal of charges | [19] |
Ratko Mladić | 31 May 2011 | — | Tried by the International Criminal Tribunal for the former Yugoslavia, sentenced to life imprisonment on 22 November 2017. Verdict and sentence were confirmed in June 2021. He remains incarcerated in The Hague. | |
Laurent Gbagbo | 30 November 2011 | 1 February 2019 | Acquitted of charges. He was released conditionally on February 1, 2019, to reside in Belgium, because prosecutors appealed after his initial acquittal. Verdict was confirmed in 2021, and Gbagbo returned to Côte d'Ivoire on 17 June 2021. | [20] |
Bosco Ntaganda | 22 March 2013 | 14 December 2022 | Found guilty of 18 counts of war crimes and crimes against humanity, and was sentenced to 30 years in prison. He was transferred to Belgian prison on 14 December 2022. | [21] |
Aimé Kilolo Musamba | 25 November 2013 | 21 October 2014 | Case in appeal stage | [22] |
Fidèle Babala Wandu | 25 November 2013 | 21 October 2014 | Case closed. He was sentenced in total to 6 months’ imprisonment. | [22] |
Jean-Jacques Mangenda Kabongo | 4 December 2013 | 21 October 2014 | Case in appeal stage | [22] |
Narcisse Arido | 18 March 2014 | 21 October 2014 | Case closed | [23] |
Charles Blé Goudé | 22 March 2014 | 1 February 2019 | Acquitted of charges. He was conditionally released, as prosecutors appealed against verdict. After confirmation of his acquittal in 2021, he returned to Côte d'Ivoire on 26 November 2022. | [24] |
Dominic Ongwen | 21 January 2015 | 18 December 2023 | Sentence of 25 years' imprisonment. Found guilty of 61 counts of war crimes and crimes against humanity. The appeals chamber confirmed the guilt and verdict on 15 December 2022. Transferred to a Norwegian prison on 18 December 2023. | [25] |
Ahmad al-Faqi al-Mahdi | 26 September 2015 | 3 May 2019 | Pleaded guilty; sentenced to nine years' imprisonment on September 27, 2016. Transferred to a UK prison on May 3, 2019. | [26] [27] [28] |
al-Hassan Ag Abdoul Aziz | 31 March 2018 | — | On trial | [29] [30] |
Alfred Yekatom | 17 November 2018 | — | On trial | |
Patrice-Edouard Ngaïssona | 23 January 2019 | — | On trial | |
Ali Kushayb | 9 June 2020 | — | On trial | |
Paul Gicheru | 3 November 2020 | 1 February 2021 | Died on 27 September 2022; proceedings withdrawn on 14 October 2022 | |
Mahamat Said Abdel Kani | 24 January 2021 | — | On trial | |
Maxime Mokom | 14 March 2022 | 17 October 2023 | Released after charges were withdrawn |
The International Criminal Court (ICC) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
Thomas Lubanga Dyilo is a convicted war criminal from the Democratic Republic of the Congo (DRC) and the first person convicted by the International Criminal Court (ICC). He founded and led the Union of Congolese Patriots (UPC) and was a key player in the Ituri conflict (1999–2007). Rebels under his command have been accused of massive human rights violations, including ethnic massacres, murder, torture, rape, mutilation, and forcibly conscripting child soldiers.
The International Criminal Court has opened investigations in Afghanistan, Bangladesh/Myanmar, Burundi, the Central African Republic (twice), Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Georgia, Kenya, Libya, Mali, Palestine, the Philippines, Uganda, Ukraine, and Venezuela I. The Office of the Prosecutor carried out and closed preliminary investigations in Bolivia; Colombia; Congo II; Gabon; Guinea; Honduras; Iraq/the United Kingdom; registered vessels of Comoros, Greece, and Cambodia; and South Korea. Ongoing preliminary examinations are being carried out in situations in Lithuania/Belarus, Nigeria, and Venezuela II.
The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone Civil War. The court's working language was English. The court listed offices in Freetown, The Hague, and New York City.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
Germain Katanga, also known as Simba, is a former leader of the Patriotic Resistance Force in Ituri (FRPI), an armed group in the Ituri Province of the Democratic Republic of the Congo (DRC). On 17 October 2007, the Congolese authorities surrendered him to the International Criminal Court (ICC) to stand trial on six counts of war crimes and three counts of crimes against humanity. The charges include murder, sexual slavery, rape, destruction of property, pillaging, willful killing, and directing crimes against civilians.
Mathieu Ngudjolo Chui is a colonel in the Congolese army and a former senior commander of the National Integrationist Front (FNI) and the Patriotic Resistance Force in Ituri (FRPI).
The International Criminal Court's founding treaty, the Rome Statute, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications to the International Criminal Court".
Luis Moreno Ocampo is an Argentine lawyer who served as the first prosecutor of the International Criminal Court (ICC) from 2003 to 2012. Previously, he had played a major role in Argentina's democratic transition (1983–1991).
An Agreement on the Enforcement of Sentences with the International Criminal Court is a formal agreement whereby a state agrees to carry out a sentence imposed by the Court. Article 103 of the Rome Statute of the International Criminal Court states that a "sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons." To this end, the Court has concluded Agreements with a number of states that have declared their willingness to accept sentenced persons.
The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court (ICC) into crimes committed in the Democratic Republic of the Congo (DRC) during the Second Congo War and its aftermath, including the Ituri and Kivu conflicts. The war started in 1998 and despite a peace agreement between combatants in 2003, conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004, prosecutor Luis Moreno Ocampo, formally opened an investigation. To date, arrest warrants have been issued for:
The International Criminal Court investigation in Darfur or the situation in Darfur is an ongoing investigation by the International Criminal Court (ICC) into criminal acts committed during the War in Darfur. Although Sudan is not a state party to the Rome Statute, the treaty which created the ICC, the situation in Darfur was referred to the ICC's Prosecutor by the United Nations Security Council in 2005. As of June 2019, five suspects remained under indictment by the court: Ahmed Haroun, Ali Kushayb, Omar al-Bashir, Abdallah Banda and Abdel Rahim Mohammed Hussein. Charges against Bahar Abu Garda were dropped on the basis of insufficient evidence in 2010 and those against Saleh Jerbo were dropped following his death in 2013. In mid-April 2019, Haroun, al-Bashir and Hussein were imprisoned in Sudan as a result of the 2019 Sudanese coup d'état. In early November 2019, the Forces of Freedom and Change (FFC) and Sudanese Prime Minister Abdalla Hamdok stated that al-Bashir would be transferred to the ICC. One of the demands of the displaced people of Darfur visited by Hamdok prior to Hamdok's statement was that "Omar Al Bashir and the other wanted persons" had to be surrendered to the ICC.
The International Criminal Court investigation in Mali or the Situation in the Republic of Mali is an ongoing investigation by the International Criminal Court (ICC) into war crimes and other crimes within the ICC's jurisdiction that are alleged to have occurred during the Northern Mali conflict since January 2012. The investigation was requested by the government of Mali in July 2012. As the first person who pleaded guilty to a charge of the ICC, Ahmad al-Faqi al-Mahdi made a statement expressing remorse and advising others not to commit similar acts.
Alka Pradhan is an American human rights attorney who has represented Guantanamo Bay detainees, civilian drone strike victims, and other torture victims. She currently works for the U.S. Department of Defense, Military Commissions Defense Organization and represents Ammar al-Baluchi in the case of United States v. Khalid Sheikh Mohammed. Pradhan also works as a defence attorney at the International Criminal Court.
Ahmad al-Faqi al-Mahdi was a member of Ansar Dine, a Tuareg Islamist militia in North Africa. Al-Mahdi admitted guilt in the International Criminal Court (ICC) in 2016 for the war crime of attacking religious and historical buildings in the Malian city of Timbuktu. Al-Mahdi was the first person convicted by the ICC for such a crime, and in general the first individual to ever be prosecuted solely on the basis of cultural crimes. He was sentenced to nine years in prison. On 25 November 2021, his sentence was commuted to 7 years in prison, and he was released on 18 September 2022.
The United Nations Detention Unit (UNDU) is a UN-administered jail. It is part of the Hague Penitentiary Institution's Scheveningen location, more popularly known as Scheveningen Prison, in The Hague, Netherlands. The UNDU was established in 1993 as part of the International Criminal Tribunal for the former Yugoslavia (ICTY) and currently houses detainees whose cases have been taken over by the International Residual Mechanism for Criminal Tribunals (IRMCT).
Mahmoud Mustafa Busayf al-Werfalli was a Libyan general, commander in al-Saiqa, an elite unit of the Libyan National Army, one of the warring factions in Libya's civil war since 2014. Al-Werfalli was indicted in 2017 in the International Criminal Court for the war crimes of murder and ordering the murder of non-combatants under article 8(2)(c)(i) of the Rome Statute. As of 6 April 2019, the ICC had two outstanding warrants for al-Werfalli's arrest. He was assassinated on 24 March 2021 in Benghazi.
Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud is a Malian Islamist militant and convicted war criminal who joined Ansar Dine in early 2012 and became an interpreter and administrator of the Islamic police in Timbuktu during the Northern Mali conflict. Al-Hassan was tried in the International Criminal Court on the charges of crimes against humanity and war crimes carried out during 2012 and 2013, including rape and sexual slavery under Article 8 2.(e)(vi) of the Rome Statute of the ICC. He was convicted on 26 June 2024 of some of the war crimes and crimes against humanity charges, including torture, mutilation and cruel treatment. He was acquitted of the rape and sexual slavery charges.