Gender Report Card on the International Criminal ... - YWCA Canada

OTP Situations and Cases
Joseph Kony and other senior leadership of the LRA’. 579
Although President Obama made clear that the US
troops are to provide information, assistance and
advice only, and that they will use force only when
strictly necessary for self-defence, the deployment has
been described by some as a ‘kill or capture’ policy. 580
Subject to approval by each respective host state, the
US forces will deploy into Uganda, South Sudan, the
CAR and the DRC.
579 ‘Letter from the President to the Speaker of the House
of Representatives and the President Pro Tempore of the
Senate Regarding the Lord’s Resistance Army’, The White
House Office of the Press Secretary, 14 October 2011,
available at ,
last visited
on 25 October 2011.
580 See for instance ‘US to send troops to Uganda to help
fight LRA rebels’, BBC News, 14 October 2011, available at
,
last visited on 25 October 2011; ‘Armed U.S. Advisers to
Help Fight African Renegade Group’, The New York Times,
14 October 2011, available at ,
last visited on 25 October 2011.
DRC
The Situation of the DRC was referred by the
Government of the DRC in March 2004, and
a formal investigation was opened in June
of that year. In opening the investigation,
the Prosecutor announced that he would
‘investigate grave crimes allegedly committed on
the territory of the […] DRC since 1 July 2002’. 581
His announcement included mention of reports
from States, international organisations and
non-governmental organisations of ‘thousands
of deaths by mass murder and summary
execution in the DRC since 2002’. He noted that
the reports pointed to ‘a pattern of rape, torture,
forced displacement and the illegal use of child
soldiers’.
The first trial in the DRC Situation, against
Thomas Lubanga Dyilo, concluded in August
2011 and is currently awaiting judgement by the
Trial Chamber. The second trial, against Germain
Katanga and Mathieu Ngudjolo Chui, is currently
under way. Developments in those cases and
details of the trial proceedings are discussed
below and in the section on Trial Proceedings.
A fourth suspect, Callixte Mbarushimana, is in
custody of the Court and awaiting the decision
on the confirmation of charges. The fifth suspect
in the DRC situation, Bosco Ntaganda, remains at
large. As described in more detail below, despite
the ICC Arrest Warrant against him, Ntaganda
leads an open life in the DRC and is protected by
the Government. The Prosecutor is continuing
investigations in the DRC, focusing on North and
South Kivu.
581 ICC-OTP-20040623-59.
145