International Criminal Court Proceedings
On 6 July 2007, a Pre-Trial Chamber of the International Criminal Court (ICC) found that there were reasonable grounds to believe that Ngudjolo bore individual criminal responsibility for war crimes and crimes against humanity committed during the Bogoro attack, and issued a sealed warrant for his arrest. He was charged with six counts of war crimes (willful killing; inhuman treatment or cruel treatment; using children under the age of fifteen years to participate actively in hostilities; sexual slavery; intentionally directing attacks against civilians; and pillaging) and three counts of crimes against humanity (murder, inhumane acts and sexual slavery).
On 6 February 2008, the Congolese authorities arrested him and surrendered him to the ICC. The following day, he was flown to the ICC's detention centre in The Hague. Ngudjolo was the third suspect surrendered to the ICC since its establishment in 2002. He was tried jointly with Germain Katanga, who is also charged with directing the Bogoro attack; the hearing to confirm the charges against the two men began on 27 June 2008. Ngudjolo's lawyer has argued that the case should have been inadmissible since Ngudjolo has already been tried for the crimes in question. The trial began on 24 November 2009, and concluded on 23 May 2012. On 21 November, the charges against Katanga were separated.
A controversial verdict of not guilty was announced on 17 December. According to Judge Bruno Cotte, prosecutors had "not proved beyond reasonable doubt Ngudjolo was responsible" for war crimes, and evidence presented had been "too contradictory and too hazy." Cotte ordered Ngudjolo to be released, denying the prosecution's request that he remain in ICC custody, though it was not immediately clear where he would go, as he is still subject to a United Nations travel ban. Prosecutors say they will appeal the decision, though experts deem it unlikely the ICC's verdict will be overruled, as appeals do not permit new evidence to be submitted.
According to Ngudjolo's lawyer, Jean-Pierre Kilenda Kakengi Basila, "ny other verdict would have astonished us. Judges have shown that this is a court that applies the law." However, the ICC's verdict was met with dismay from various observatory groups; Human Rights Watch said that it "leaves the victims of Bogoro and other massacres by his forces without justice for their suffering." The Ituri human rights group Equitas said via a spokesperson that "he people trusted the International Criminal Court more than our national courts. After this decision, for those who were victims of this, there is a feeling of disappointment. The victims feel forgotten, abandoned by international justice."
Read more about this topic: Mathieu Ngudjolo Chui
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