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Database Record Number:56012
Persistent URL:http://www.legal-tools.org/doc/8c20eb/
Title:Judgment on the Prosecutor's appeal against the decision of Pre-Trial Chamber I entitled "Decision on the Prosecutor's Application for Warrants of Arrest, Article 58"
External identifier:ICC-01/04-169
Content type:Judicial document
Source:Appeals Chamber
Source type:Judicial body
Organisation / State of source:International Criminal Court (ICC)
Related organisation / state:International Criminal Court (ICC)
Organisation / State of judicial body:International Criminal Court (ICC)
Date created:14.07.2006
Language(s):English
Abstract:Judgment reversed in part Pre-Trial Chamber's decision (ICC-01/04-02/06-20-Anx2) to reject the case against Mr Bosco Ntaganda as inadmissible and remanded the Prosecutor's application for a warrant of arrest to the Pre-Trial Chamber to complete its review under article 58 of the Statute. The Pre-Trial Chamber erred in law as to the interpretation of the gravity requirement within the meaning of article 17(1)(d) of the Rome Statute by introducing the three-pronged test. In his separate and partly dissenting opinion, Judge Pikis did not agree with the Majority's decision to remand the application to the Pre-Trial Chamber since Rule 158(1) of the Rules of Procedure and Evidence does not confer power to do so. Key findings: 1. An initial determination by the PTC that the case is admissible is not a prerequisite for the issuance of a warrant of arrest pursuant to art 58(1) of the Statute 2. The PTC has the discretion pursuant to art 19(1), second sentence, of the Statute to address the admissibility of a case on an application for the issuance of a warrant of arrest that is made ex parte, Prosecutor only, but should exercise such discretion only when it is appropriate in the circumstances of the case, bearing in mind the interests of the suspect 3. The PTC erred in law in its interpretation of "sufficient gravity" under art 17(1)(d) of the Statute.
Case name (ICC naming convention - EN):Situation in the Democratic Republic of the Congo
Case name (ICC naming convention - FR):Situation in the Democratic Republic of the Congo
Case name (ICC naming convention):Situation in the Democratic Republic of the Congo
Alternative and / or short case title:The Situation in the Democratic Republic of Congo
Alternative and / or short case title (EN):The Situation in the Democratic Republic of Congo
Alternative and / or short case title (FR):Situation dans la Republique Democratique du Congo
Case/Document number:ICC 01/04
Related case:P. v. Ntaganda, B. ; P. v. Katanga, G. et al.; P. v. Dyilo Lubanga, T.;
Phase of case:Pre-Trial
Place of court:The Hague, The Netherlands
Type of court:International(ised) jurisdiction
Is court record:Yes
ICC situation name:Situation in the Democratic Republic of the Congo
Number of pages:49
Document type:Adobe PDF (application/pdf)
Responsible partner:Norwegian Centre for Human Rights
Date published in Legal Tools:20.02.2009
Origin:Download from authoritative source
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