Media Advisory: 10 June 2009

Decision on the challenge to admissibility raised by the Defence for Germain Katanga will be delivered on 12 June 2009 in public hearing

ICC-CPI-20090610-MA41

Situation: Democratic Republic of the Congo (DRC)
Case: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui

On Friday, 12 June 2009 at 9:00 a.m., Trial Chamber II of the International Criminal Court (ICC) will hold a public hearing to deliver a decision on the motion challenging admissibility submitted by the Defence for Germain Katanga in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui.

A decision of the Trial Chamber concerning admissibility of a case shall, as provided for by the Rules of Procedure and Evidence, be pronounced in public and, wherever possible, in the presence of the accused, the Prosecutor, the legal representatives of the victims and the representatives of the States which have participated in the proceedings.

The Defence for Germain Katanga submitted that the case be found inadmissible arguing disrespect for the principle of complementarity. The Counsel of the accused maintain that legal proceedings were brought against him – partly for the same crimes – before the courts in the Democratic Republic of the Congo. The Chamber held a public hearing on 1 June 2009 to consider this motion.

Procedural background

On 17 October 2007, Germain Katanga, (a DRC national), alleged commander of the Force de résistance patriotique en Ituri [Patriotic Resistance Force in Ituri] (FRPI), was arrested and transferred to the Court pursuant to a warrant of arrest issued under seal on 2 July 2007 by Pre-Trial Chamber I at the request of the Prosecutor. On 6 February 2008, Mathieu Ngudjolo Chui (also a DRC national), alleged leader of the Front des nationalistes et intégrationnistes [Nationalist Integrationist Front] (FNI), was arrested and transferred to the Court pursuant to a warrant of arrest issued under seal on 6 July 2007 by the same Chamber at the request of the Prosecutor.

On 11 March 2008, Pre-Trial Chamber I decided to join the two cases and, on 26 September 2008, it confirmed charges of war crimes and crimes against humanity against Katanga and Ngudjolo Chui. On 24 October 2008, the Presidency of the Court constituted Trial Chamber II and referred the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui to that Chamber, which has since convened status conferences and held a number of hearings. On 27 March 2009, Trial Chamber II set the date for the commencement of the trial as Monday, 24 September 2009.

The case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui is the second case in the situation in the Democratic Republic of the Congo, after that of Thomas Lubanga Dyilo, whose trial commenced on 26 January 2009 before Trial Chamber I.

Practical information 

All journalists or other persons wishing to attend this status conference are welcome. No confirmation is required.

The courtroom proceedings can be followed on the ICC website at:

Courtroom I:

Please note there will be no delay in transmission.
N.B. All hours noted refer to local time in The Hague.

Media Centre

For media representatives wishing to use the Court’s media facilities, the media centre will open from 08:30 until one hour after the end of the proceedings, from Monday to Friday.

The area can seat up to 64 people and includes: plasma TV screens; a Wi-Fi internet service; cards (plug + play) for those without Wi-Fi installation in their PC or laptop; 6 computers with internet access; 7 telephones for internal calls only, are free of charge.
For external use, journalists are advised to purchase beforehand 0800 pre-paid phone cards available at newsagents and train stations. Please note that phone cards cannot be obtained in the vicinity of, or at the ICC.

For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or (0)6 46 44 87 26 or at [email protected]