So far, the International Criminal Court opened investigations in 11 situations: Burundi; two in the Central African Republic; Côte d'Ivoire; Darfur, Sudan; the Democratic Republic of the Congo; Georgia, Kenya; Libya; Mali; and Uganda. Additionally, the Office of the Prosecutor is conducting preliminary examinations in eleven situations in Afghanistan; Colombia; Gabon; Guinea; Iraq / the United Kingdom; Nigeria; Palestine; the Philippines, registered vessels of Comoros, Greece, and Cambodia; Ukraine and Venezuela.
The Court's Pre-Trial Chambers publicly indicted 42 people. The ICC has issued arrest warrants for 34 individuals and summonses to eight others. Eight persons are in detention. Proceedings against 23 are ongoing: 12 are at large as fugitives, three are under arrest but not in the Court's custody, one is in the pre-trial phase, six are at trial, and one is appealing his conviction. Proceedings against 19 have been completed: three are serving sentences, two have finished their sentences, one has been acquitted, six have had the charges against them dismissed, two have had the charges against them withdrawn, one has had his case declared inadmissible, and four have died before trial.
As of September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as "manifestly outside the jurisdiction of the Court".
|Indicted[note 3] [note 4]||Transfer to ICC
|Confirmation of charges hearing
|Democratic Republic of the Congo
|Thomas Lubanga Dyilo||10 February 2006||—||—||3||—||17 March 2006
20 March 2006
|9-28 November 2006
confirmed 29 January 2007
|26 January 2009 – 26 August 2011
convicted 14 March 2012
sentenced 10 July 2012
|19–20 May 2014
verdict and sentence confirmed
1 December 2014
|Convicted and sentenced to 14 years imprisonment; decision final; reparations regime established; release from custody in the DRC not later than 16 March 2020|| |
|Bosco Ntaganda||22 August 2006
13 July 2012
|—||3||7||—||22 March 2013
26 March 2013
|10-14 February 2014
9 June 2014
2 September 2015
|In ICC custody; charges confirmed; trial before Trial Chamber VI ongoing|||
|Germain Katanga||2 July 2007||—||3||6||—||17 October 2007
22 October 2007
|27 June–18 July 2008
confirmed 26 September 2008
|24 November 2009 – 23 May 2012
convicted 7 March 2014
sentenced 23 May 2014
|Appeals by Prosecution and Defence discontinued||Convicted and sentenced to 12 years imprisonment; decision final; reparations regime established; ICC-related sentence served (after 8 years, 4 months); remains in custody of DRC authorities due to other charges||  |
|Mathieu Ngudjolo Chui||6 July 2007||—||3||6||—||6 February 2008
11 February 2008
|24 November 2009 – 23 May 2012
acquitted 18 December 2012
|21 October 2014
acquittal confirmed 27 February 2015
|Acquitted by Trial Chamber II, decision final|||
|Callixte Mbarushimana||28 September 2010||—||5||6||—||25 January 2011
28 January 2011
|16-21 September 2011
dismissed 16 December 2011
|Proceedings finished with charges dismissed, released [note 6]|| |
|Sylvestre Mudacumura||13 July 2012||—||—||9||—||Fugitive|||
|Joseph Kony||8 July 2005||—||12||21||—||Fugitive|||
|Okot Odhiambo||—||3||7||—||Proceedings finished; died on 27 October 2013|
|Raska Lukwiya||—||1||3||—||Proceedings finished; died on 12 August 2006|
|Vincent Otti||—||11||21||—||Fugitive, reportedly died in 2007|
|Dominic Ongwen||—||3||4||—||21 January 2015
26 January 2015
|21–27 January 2016
23 March 2016
6 December 2016
|In ICC custody; charges confirmed; trial before Trial Chamber IX ongoing|||
|Central African Republic||Jean-Pierre Bemba||23 May 2008
10 June 2008
|—||3||5||—||3 July 2008
4 July 2008
|12-15 January 2009
confirmed 15 June 2009
|22 November 2010 – 13 November 2014
21 March 2016
21 June 2016
|Convicted and sentenced to 18 years imprisonment; reparations regime to be established; under appeal; in ICC custody; if conviction and sentence stand, release between 2020 and 2026|| |
|20 November 2013||—||—||—||2||23 November 2013
27 November 2013
11 November 2014
|29 September 2015 – 2 June 2016
19 October 2016
22 March 2017
|Convicted and sentenced to one additional year of imprisonment and a fine of 300,000 USD; under appeal; in ICC custody|| |
|Aimé Kilolo Musamba||—||—||—||2||25 November 2013
27 November 2013
|Convicted and sentenced to two and a half years of imprisonment and a fine of 30,000 USD; sentence suspended for three years; currently not in ICC custody; under appeal|
|Fidèle Babala Wandu||—||—||—||2||Convicted and sentenced to six months of imprisonment; sentence served; currently not in ICC custody; under appeal|
|Jean-Jacques Mangenda Kabongo||—||—||—||2||4 December 2013
5 December 2013
|Convicted and sentenced to two years of imprisonment; sentence suspended for three years; currently not in ICC custody; under appeal|
|Narcisse Arido||—||—||—||2||18 March 2014
20 March 2014
|Convicted and sentenced to eleven months of imprisonment; sentence served; currently not in ICC custody; under appeal|
|Ahmed Haroun||27 April 2007||—||20||22||—||Fugitive|||
|Omar al-Bashir||4 March 2009
12 July 2010
|Bahr Idriss Abu Garda||7 May 2009
|—||—||3||—||18 May 2009||19-29 October 2009
dismissed 8 February 2010
|Proceedings finished with charges dismissed [note 6]|||
|Abdallah Banda||27 August 2009
11 September 2014
(warrant of arrest)
|—||—||3||—||17 June 2010||8 December 2010
confirmed 7 March 2011
|At large under warrant of arrest, previously appeared voluntarily, charges confirmed, trial before Trial Chamber IV to begin|||
|Saleh Jerbo||27 August 2009
|—||—||3||—||Proceedings finished; died on 19 April 2013|
|Abdel Raheem Muhammad Hussein||1 March 2012||—||7||6||—||Fugitive|||
|William Ruto||8 March 2011
|—||4||—||—||7 April 2011||1-8 September 2011
confirmed 23 January 2012
|10 September 2013 –
5 April 2016
|Proceedings terminated with no prejudice to re-prosecution, appeal possible|| |
|Henry Kosgey||—||4||—||—||1-8 September 2011
dismissed 23 January 2012
|Proceedings finished with charges dismissed [note 6]|
|Francis Muthaura||8 March 2011
|—||5||—||—||8 April 2011||21 September – 5 October 2011
confirmed 23 January 2012
|Proceedings finished with confirmed charges withdrawn before trial|||
|Mohammed Hussein Ali||—||5||—||—||21 September – 5 October 2011
dismissed 23 January 2012
|Proceedings finished with charges dismissed [note 6]|
|Walter Barasa||2 August 2013||—||—||—||3||Fugitive|||
|Paul Gicheru||10 March 2015||—||—||—||6||Arrested on 30 July 2015, in custody of Kenyan authorities|||
|Philip Kipkoech Bett||—||—||—||4|
|Libya||Muammar Gaddafi||27 June 2011||—||2||—||—||Proceedings finished; died on 20 October 2011|||
|Saif al-Islam Gaddafi||—||2||—||—||Arrested on 19 November 2011, in custody of Libyan authorities|
|Abdullah Senussi||—||2||—||—||Proceedings finished with case held inadmissible|
|Al-Tuhamy Mohamed Khaled||18 April 2013||—||4||3||—||Fugitive|||
|Mahmoud al-Werfalli||15 August 2017||—||—||7||—||Fugitive|||
|Ivory Coast||Laurent Gbagbo||23 November 2011||—||4||—||—||30 November 2011
5 December 2011
|19–28 February 2013
12 June 2014
28 January 2016
|In ICC custody; charges confirmed; trial before Trial Chamber I ongoing|| |
|Charles Blé Goudé||21 December 2011||—||4||—||—||22–23 March 2014
27 March 2014
|29 September –
2 October 2014
11 December 2014
|Simone Gbagbo||29 February 2012||—||4||—||—||Arrested on 11 April 2011, in custody of Ivorian authorities. Found guilty and currently being tried in separate proceedings under Ivorian jurisdiction.||  |
|Ahmad al-Faqi al-Mahdi||18 September 2015||—||—||1||—||26 September 2015
30 September 2015
|1 March 2016
24 March 2016
|22–24 August 2016
convicted and sentenced
27 September 2016
|Convicted and sentenced to nine years imprisonment upon guilty plea; in ICC custody; if conviction and sentence stand, release between 2021 and 2024|| |
|Central African Republic II||Investigation initiated|||
The Prosecutor may open an investigation under three circumstances:
Of the nine cases that the Prosecutor has investigated to date, five were referred by states parties, two were referred by the Security Council, and two were authorised by the Pre-Trial Chamber to open an investigation, based on information received from other sources.
|Situation||Date of referral||UNSC Res.||Votes||For||Against||Abstained|
|Darfur, Sudan||31 March 2005||1593||11-0-4|
|Libya||26 February 2011||1970||15-0-0|
In December 2003, the government of Uganda, a state party, referred to the Prosecutor the situation concerning the Lord's Resistance Army in Northern Uganda. The Prosecutor decided to open an investigation into the matter on 29 July 2004, and on 5 July, it was assigned to Pre-Trial Chamber II.
On 8 July 2005, the Court issued its first public arrest warrants for five senior leaders of the LRA alleging:
None of the indictees was arrested, but Lukwiya was killed in fighting on 12 August 2006, Otti is said to have been killed in 2007, apparently by Kony. The three other suspects are believed to be either in Southern Sudan or the northwestern Ituri Province of the Democratic Republic of the Congo.
The government of Uganda is currently in peace talks with the LRA. The LRA's leaders have repeatedly demanded immunity from ICC prosecution in return for an end to the insurgency. The government says it is considering establishing a national tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.
In March 2004, the government of the Democratic Republic of the Congo, referred to the Prosecutor "the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002." On 23 June, the Prosecutor decided to open an investigation into the matter, and on 4 July, the case was allocated to Pre-Trial Chamber I. In February 2008, at the time of the arrest of the third suspect, the Prosecutor announced that the arrest had closed the ICC investigations in Ituri.
On 17 March 2006, Thomas Lubanga, former leader of the Union of Congolese Patriots militia in Ituri, became the first person to be arrested under a warrant issued by the court and the first suspect to face trial at the ICC. A sealed (secret) warrant had been issued for his arrest on 10 February 2006 for the war crimes of using child soldiers. He was flown to the court the same day in a French military aircraft. The prosecutor has stated that his trial will be only on the allegation of using child soldiers, and other allegations will be followed up in a subsequent prosecution.
Originally, Lubanga's trial was to begin on 23 June 2008, but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially exculpatory material had breached Lubanga's right to a fair trial. The Prosecutor had obtained the evidence from the United Nations and other sources on condition of confidentiality, but judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and so "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial". The Court lifted the suspension on 18 November 2008; Lubanga's trial began on 26 January 2009.
On 14 March 2012, the Court, by unanimous verdict of the Trial Chamber, found Lubanga guilty as a co-perpetrator in the use of child soldiers.
This article needs to be updated.(March 2014)
Two more participants in the Ituri conflict, Germain Katanga and Mathieu Ngudjolo Chui, were also surrendered to the Court by the Congolese authorities. Both men are charged with six counts of war crimes and three counts of crimes against humanity, relating to an attack on the village of Bogoro on 24 February 2003 in which at least 200 civilians were killed, survivors were imprisoned in a room filled with corpses, and women and girls were sexually enslaved. The charges against both men include murder, sexual slavery and using children under 15 years to participate actively in hostilities.
Katanga, the former leader of the Ngiti-majority Front for Patriotic Resistance of Ituri militia, was transferred to the Court on 17 October 2007; Ngudjolo, former leader of the National Integrationist Front, was transferred to the Court on 6 February 2008. The hearing to confirm the charges against them began on 27 June 2008. The trial against the two men started on 24 November 2009.
On 20 August 2010, the Prosecutor requested Pre-Trial Chamber I to issue a warrant of arrest against Callixte Mbarushimana. He is alleged to have been the Executive Secretary of the Forces démocratiques de libération du Rwanda – Forces Combattantes Abacunguzi (FDLR-FCA, FDLR). On 28 September 2010, the Pre-Trial Chamber complied with the request and issued a sealed warrant of arrest which was unsealed on 11 October 2010, the day that French authorities arrested Mbarushimana. The suspect was transferred to the ICC on 25 January 2011. His confirmation of charges hearing was held from 16 to 21 September 2011. By a 2–1 majority, Pre-Trial Chamber I ruled on 16 December 2011 that the confirmation was declined. After the Prosecutor's appeal against the decision was rejected, Mbarushimana was released on 23 December 2011.
In December 2004, the government of the Central African Republic, a state party, referred to the Prosecutor "the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002, the date of entry into force of the Rome Statute".
On 13 April 2006, the Court of Cassation of the Central African Republic investigating charges or murder and rape committed by former President Ange-Felix Patasse and Congolese Vice-President Jean-Pierre Bemba said that they could not secure the arrest of the suspects despite international arrest warrants, and they requested the ICC to take responsibility. The allegations against Bemba date to when his Movement for the Liberation of Congo rebel army was invited by Patasse into the capital, Bangui, to fight rebels who were fighting against Patasse. Also referred to the court were the cases of a French policeman and two aides of Patasse who were all involved in the alleged crimes, which human rights groups allege had about 400 victims.
Local activists from the Union of Central African Journalists (UJCA) have also accused the President, François Bozizé, of committing genocide against the inhabitants of the north Central African Republic, who supported the former regime, after seizing power in 2003, and he asked the court to prosecute Bozizé.
In November 2005, the Office of the Prosecutor held meetings with the government, judiciary authorities, civil society and international community representatives in CAR to gather additional information for the preliminary analysis.
In September 2006, the government filed a complaint with the court that claimed the Prosecutor had failed to decide within a reasonable time whether or not to investigate. In response the pre-trial chamber ordered the prosecutor to submit a report by 15 December 2006 as to the current status of the investigation and an estimate of when a decision on whether to investigate will be made.
On 22 May 2007, the Prosecutor announced his decision to open an investigation, focusing on allegations of killing and rape in 2002 and 2003, a period of intense fighting between government and rebel forces. The case has been allocated to Pre-Trial Chamber III.
On 24 May 2008, former Vice-President Jean-Pierre Bemba was arrested during a visit to Belgium under a sealed warrant under accusations of war crimes and crimes against humanity committed in CAR He was transferred to the ICC on 3 July 2008. His confirmation of charges hearing, taking place from 12 to 15 January 2009, resulted in the charges being confirmed on 15 June 2009. His trial began on 22 November 2010.
On 31 March 2005, the United Nations Security Council passed Resolution 1593, referring "the situation prevailing in Darfur since 1 July 2002" to the Prosecutor. The Prosecutor opened an investigation into the situation on 6 June, and the case was allocated to Pre-Trial Chamber I.
In February 2007 the Prosecutor announced that two men (Sudanese humanitarian affairs minister Ahmad Muhammad Harun and Janjaweed militia leader Ali Kushayb) had been identified as key suspects, accused of war crimes and crimes against humanity. On 2 May 2007, the Court issued arrest warrants for the two men. However, Sudan claims the Court has no jurisdiction over this matter and refuses to hand over the suspects.
In July 2008, the Chief Prosecutor applied to the Court for an arrest warrant for President of Sudan Omar al-Bashir on ten counts of genocide, crimes against humanity and war crimes. In October, the Court asked the Prosecutor for more information to support the charges.
On 14 July 2008, the Prosecutor accused Sudanese President Omar al-Bashir of genocide, crimes against humanity and war crimes. The court issued an arrest warrant for al-Bashir on 4 March 2009 for war crimes and crimes against humanity but ruled that there was insufficient evidence to prosecute him for genocide. Al-Bashir was the first sitting head of state indicted by the ICC. Al-Bashir denies all the charges by describing them as "not worth the ink they are written in". In July 2009, the member states of the African Union agreed not to co-operate in his arrest. Nevertheless, several African Union members who are also parties of the ICC, including South Africa and Uganda, let it be known that al-Bashir might be arrested if he entered their territory. However, in July and August 2010 al-Bashir traveled to Chad and Kenya, neither of which turned him over to the ICC despite being parties; the ICC has reported both member states to the UN Security Council and the ICC Assembly of States Parties.
On 3 February 2010, the Appeals Chamber of the ICC reversed the Pre-Trial Chamber's rejection of the genocide charge by ruling that the PTC had applied a too stringent standard of proof. Subsequently, the First Pre-Trial Chamber issued a second warrant of arrest against al-Bashir on 12 July 2010 in which he was charged with genocide against three ethnic groups in Darfur.
On 17 May 2009, it was the first time that a suspect appeared voluntarily before the Court. Bahr Idriss Abu Garda, commander of the United Resistance Front, a Darfuri rebel group, was accused of responsibility for the attack on the African Union's peace mission in Haskanita (North-Darfur) on 29 September 2007. In the attack, 12 soldiers were allegedly killed and eight injured. Abu Garda denies the charge but reported voluntarily by stating that "every leader should co-operate with justice and observe the law". A summons was issued against Abu Garda, but no warrant of arrest. He was allowed to await the further proceedings while in liberty.
On 8 February 2010, Pre-Trial Chamber I of the Court ruled that there was insufficient evidence to proceed to trial on charges against Abu Garda. On 23 April 2010, the Chamber also declined the Prosecutor's application to appeal the decision. Under the Rome Statute, such a move to the Appeals Chamber can only be made once leave of the Pre-Trial Chamber has been granted. Both decisions do not preclude the prosecution from subsequently requesting the confirmation of the charges against Abu Garda if such a request is supported by additional evidence.
On 16 June 2010, two other rebel leaders came voluntarily to the Court. Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo), leaders of small Darfuri rebel groups, are also charged with war crimes for their alleged roles in the attack in Haskanita described above.
Prosecutor Moreno Ocampo stated that their voluntary appearance was the culmination of months of efforts to secure their co-operation. On 17 June 2010, they faced Pre-Trial Chamber I, which ruled that there are reasonable grounds for their prosecution. Just as in the case against Abu Garda, the Prosecutor has not made a request for warrants of arrest against them.
On 20 November 2008, the Chief Prosecutor announced his intention also to prosecute three rebel commanders from the Justice and Equality Movement for the 2007 Haskanita raids in which 12 African Union Mission in Sudan peacekeepers were killed. In May 2009, the Court summoned the three to appear before the Court. One of them Bahr Idriss Abu Garda, appeared voluntarily before the Court on 18 May 2009. Abu Garda has been charged with the war crimes of attacking peacekeepers, murder and pillage. The two other rebel commanders charged by the Prosecutor (Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus) appeared voluntarily before the court on 17 June 2010. On 7 March 2011, Pre-Trial Chamber I confirmed the charges against the two and committed them to trial.
On 31 March 2010, a Pre-Trial Chamber of the International Criminal Court authorized the Prosecutor to investigate the 2007–2008 Kenyan crisis. It was the first time the Prosecutor had requested such an authorization; all other investigations have been triggered by either the corresponding government or the United Nations Security Council.
On 15 December 2010, the Prosecutor applied for summonses to appear for six alleged perpetrators: In the first case, William Ruto, Henry Kiprono Kosgey and Joshua Arap Sang are to stand trial for crimes against PNU supporters whereas, in the second case, Francis Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali are to stand trial for crimes against ODM supporters. On 8 March 2011, the Pre-Trial Chamber issued summonses for all six alleged perpetrators to appear before the Court on 7 and 8 April 2011 respectively.
As a consequence of the 2011 Libyan civil war and its brutal suppression, the UN Security Council voted unanimiusly, on 26 February 2011 in Resolution 1970, to refer the situation in Libya to the ICC. Other than the referral of the situation in Darfur, Sudan, to the ICC in March 2005, it was only the second time that the Security Council has referred a situation to the ICC and the first time that it has done so unanimously. China and the United States had abstained in 2005, but this time, they voted in favor of referral to the ICC.
On 3 March 2011, just five days after the referral of the situation, the Prosecutor opened an investigation. On 16 May 2011, the Prosecutor requested a Pre-Trial Chamber of the Court to issue warrants of arrest against Muammar Gaddafi; his son, Saif al-Islam; and the head of Libya's intelligence, Abdullah Senussi, for allegedly committed crimes against humanity. The request was granted on 27 June 2011, resulting in the second ICC warrant of arrest against an incumbent head of state, the other being Sudan's Omar al-Bashir.
On 19 May 2011, the Prosecutor informed the Presidency of the Court of his intention to request the authorization to open a formal investigation into the situation in Côte d'Ivoire since 28 November 2010. A day later, the Presidency issued an order, assigning the situation to Pre-Trial Chamber II, which was modified on 22 June 2011 by establishing a Pre-Trial Chamber III and assigning the situation in Côte d'Ivoire to it.
On 23 June 2011, the Prosecutor formally requested the authorization from a Pre-Trial Chamber to begin an investigation into crimes allegedly committed in Côte d'Ivoire.
While Côte d'Ivoire was then not a state party to the Rome Statute, it had repeatedly, by different administrations, accepted the ICC's jurisdiction. It became a state party in February 2013.
On 3 October 2011, Pre-Trial Chamber III allowed an investigation to be conducted by the Prosecutor.
On 27 May 2015, the ICC ruled that it can prosecute Simone Gbagbo on charges including murder and rape linked to violence that left 3000 people dead in the aftermath of the country's disputed 2010 presidential election.
On 18 July 2012, the government of Mali had referred the situation there to the Prosecutor of the International Criminal Court. On 16 January 2013, the Prosecutor determined that there is a reasonable basis to believe that war crimes have been committed in the conflict so the Prosecutor opened an investigation.
On 12 June 2014, the government of the Central African Republic had referred the second situation there to the Prosecutor of the International Criminal Court. On 24 September 2014, the Prosecutor determined that there is a reasonable basis to believe that war crimes have been committed in the conflict so the Prosecutor opened an investigation.
This section is empty. You can help by adding to it. (November 2016)
In addition to the ten situations in which the Prosecutor has opened formal investigations, several other situations are under "preliminary examination": Afghanistan, Colombia, Guinea, Iraq, Nigeria, Palestine, and Ukraine.
An earlier preliminary examination regarding Venezuela was closed on 9 February 2006. Preliminary examinations into situations in Korea, Comoros (regarding the Israeli attack on three vessels involved in the Gaza flotilla raid), and Honduras were also closed. In the cases, the Prosecutor concluded that no investigation would be initiated because the necessary requirements had not been met. With regard to the Israeli attack on the vessels of the Gaza flotilla raid, however, the Comoros appealed from the Prosecutor's decision. On 16 July 2015, Pre-Trial Chamber I of the Court requested the Prosecutor to reconsider her decision because in the view of the Chamber, the Prosecutor had committed material errors in her determination of the gravity of the potential case.
Preliminary examinations regarding Iraq and the State of Palestine were at some point closed but later on reopened. With regard to the 2003 invasion of Iraq, the Prosecutor published a letter responding to complaints he had received. He noted that "the International Criminal Court has a mandate to examine the conduct during the conflict, but not whether the decision to engage in armed conflict was legal", and that the court's jurisdiction is limited to the actions of nationals of states parties. He concluded that there was a reasonable basis to believe that a limited number of war crimes had been committed in Iraq, but that the crimes allegedly committed by nationals of states parties did not appear to meet the required gravity threshold for an ICC investigation. However, on 13 May 2014, the Prosecutor announced that preliminary examinations regarding the situation in Iraq are re-opened, due to communication received by the European Center for Constitutional and Human Rights regarding alleged war crimes by United Kingdom officials between 2003 and 2008.
As of end September 2010, the Office of the Prosecutor had received 8874 communications about alleged crimes. After initial review, 4002 of the communications were dismissed as "manifestly outside the jurisdiction of the Court".
The Court is designed to complement existing national judicial systems. It can exercise its jurisdiction only if national courts are unwilling or unable to investigate or prosecute. State parties are expected to implement national legislation to provide for the investigation and prosecution of crimes that fall under the jurisdiction of the Court.
In February 2008, a military tribunal in Mbandaka sentenced Botuli Itofo, a policeman, to twenty years' imprisonment after his conviction under ICC implementing legislation for the crime against humanity of mass rape and other "serious human rights violations". Over 50 women and girls had expressed that they had been raped as a part of a "punitive operation" by police sent to the area to restore order in March 2006.
Under the German complementary law, crimes against humanity as defined in the Rome Statute can be prosecuted by German courts even if they are outside the jurisdiction of the court because they occur in a country that has not ratified the statute. That is under the principle of universal jurisdiction.
In December 2005, activists from Uzbekistan submitted a complaint against Uzbek Interior Minister Zokirjon Almatov in connection with the Andijan massacre. Almatov was visiting Germany at the time for hospital treatment. The prosecutor declined to act by saying chances of a successful prosecution were "non-existent" as the government of Uzbekistan would not co-operate in the gathering of evidence.
In May 2011, a trial against two alleged members of the FDLR began in Stuttgart, Germany. Ignace Murwanashyaka and Straton Musoni, both Rwandan citizens, are accused of 26 counts of crimes against humanity and 39 counts of war crimes, allegedly committed in the Democratic Republic of the Congo. It is the first trial in Germany under the Völkerstrafgesetzbuch in force since 2002.