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Database Record Number:112213
Persistent URL:http://www.legal-tools.org/doc/ba82b5/
Title:Judgment on the Appeal of Mr. Germain Katanga against the Oral Decision of Trial Chamber II of 12 June 2009 on the Admissibility of the Case
External identifier:ICC-01/04-01/07-1497
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:25.09.2009
Language(s):English
Abstract:Judgment confirmed Trial Chamber II’s decision (ICC-01/04-01/07-T-67-ENG) to reject Mr Katanga’s admissibility challenge. Since at the time of Mr Katanga’s admissibility challenge proceedings before the Trial Chamber there were no proceedings against him in the Democratic Republic of the Congo, the question of unwillingness or inability to investigate or prosecute under article 17(1)(a) did not need to be considered. A “decision not to prosecute” under article 17(1)(b) does not cover a State’s decision to close proceedings against a suspect because of his surrender to the ICC. Key Findings: 1. Under article 17 (1) (a) and (b) of the Statute, the question of unwillingness or inability has to be considered only (1) when there are, at the time of the proceedings in respect of an admissibility challenge, domestic investigations or prosecutions that could render the case inadmissible before the Court, or (2) when there have been such investigations and the State having jurisdiction has decided not to prosecute the person concemed. 2. Inaction on the part of a State having jurisdiction (that is, the fact that a State is not investigating or prosecuting, or has not done so) renders a case admissible before the Court, subject to article 17 (1) (d) of the Statute.
Case name (ICC naming convention - EN):The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui
Case name (ICC naming convention - FR):Le Procureur c. Germain Katanga et Mathieu Ngudjolo Chui
Case name (ICC naming convention):The Prosecutor v. Germain Katanga
Alternative and / or short case title:Case The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui
Alternative and / or short case title (FR):Affaire Le Procureur c.Germain Katanga et Mathieu Ngudjolo Chui
Case/Document number:ICC-01/04-01/07
Related case:ICC 01/04
Key judicial document:Judgement on appeal against other decisions (article 83 and rule 158)
Phase of case:Interlocutory appeal
Place of court:The Hague, The Netherlands
Type of court:International(ised) jurisdiction
Accused / Defendant:KATANGA, Germain; NGUDJOLO CHUI, Mathieu
Is court record:Yes
ICC situation name:Situation in the Democratic Republic of the Congo
Interlocutory appeal no.:8
Number of pages:44
Document type:Adobe PDF (application/pdf)
Responsible partner:Norwegian Centre for Human Rights
Date published in Legal Tools:20.05.2010
Origin:Download from authoritative source
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