Introductory Note

Abstract

The International Criminal Court (ICC) has experienced a burgeoning of activity in 2019, including new beginnings, such as the start of pre-trial proceedings against co-accused, Messrs. Alfred Yekatom and Ngaïssona, the commencement of trial in the case against Mr. Al Hassan, and the Pre-trial Chamber’s authorisation that an investigation be launched for the alleged crimes committed against the Rohingya in the Situation in Bangladesh/Myanmar. Two landmark acquittals were pronounced in early 2019 in the case against both Mr. Laurent Gbagbo and Mr. Charles Blé Goudé, culminating from no case to answer proceedings launched by the defence the previous year, and litigation went underway in the context of Mr. Jean-Pierre Bemba’s compensation claim following his acquittal by the Appeals Chamber, raising novel issues relating to the interpretation of Article 85 of the Rome Statute. The Court stirred controversy in unanimously rejecting the Prosecutor’s request to proceed with an investigation into alleged crimes against humanity and war crimes committed on the territory of Afghanistan, extending among others to the conduct of US troops, in the context of renewed pressures from the United States imposing sanctions against ICC staff. Further controversy arose from the Appeals Chamber’s confirmation of the Pre-Trial Chamber’s order in the Comoros case, whereby the Prosecutor was yet again ordered to review its decision to not investigate the situation. Additionally, judges’ independence and impartiality were at the heart of debates in the cases of Mr. Al Hassan and Mr. Ntaganda, whereby the respective defence teams launched recusal requests on the basis of certain judges’ concurrent professional activities and statements.