Credit:  ©ICC-CPI  /   Patrice-Edouard Ngaïssona (L) and Alfred Yekatom (R)  accused of war crimes in the Central African Republic.

By Gary Raynaldo  /  DIPLOMATIC  TIMES

The International Criminal Court ruled Wednesday to join the cases of Alfred Yekatom and Patrice-Edouard Ngaïssona, two suspected war criminals from the Central African Republic, for trial at The Hague-based war tribunal. Yekatom  (AKA ‘Rambo’)  was surrendered to the ICC in The Hague Nov. 18, 2018 by authorities of CAR.  The former militia leader will face trial for alleged crimes against humanity. CAR militia leader Ngaïssona was arrested Dec. 12, 2018, in France pursuant to an ICC warrant for alleged crimes against humanity and war crimes.

The ICC Prosecutor argued that in light of the “significant duplication in the evidence and issues relevant to both Suspects” joining the cases would “enhance fairness and judicial economy.”

The Defense for Yekatom opposed joining the two cases at this stage and requested the Chamber to postpone its decision until it is able to make more informed observations on an understanding of what the specific charges against Yekatom and  Ngaïssona will be and the evidence that the Prosecutor intends to present.  Defense for Ngaïssona also opposed joining both cases at this stage.

Hearing  in the case of Prosecutor v. Alfred Yekatom and Patrice-Edouard  Ngaïssona Set For 18 June 2019.

The ICC relied on Article 64(5) of the Rome Statute (the “Statute”), which provides that “[u]pon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.”  The ICC Chamber further argued that the information available to the Defense is sufficient to discern any potential prejudice that may impede the rights of the suspects or the interest of justice should the cases be joined.  In its DECISION,  the ICC Chamber ruled that the hearing on the confirmation of the charges in the case of Prosecutor v. Alfred Yekatom and Patrice-Edouard  Ngaïssona shall commence on 18 June 2019. 

Per the ICC:   Ngaïssona – who was the most senior leader and the “National General Coordinator” of the Anti-Balaka – is alleged to be responsible for crimes committed in this context in various locations in the CAR, including Bangui, Bossangoa, the Lobaye Prefecture, Yaloké, Gaga, Bossemptélé, Boda,Carnot and Berberati, between at least 5 December 2013 and at least December 2014.

Per the ICC:  Yekatom was allegedly commanding a group of around 3,000 members which operated within the Anti-Balaka movement. He is alleged to be responsible for crimes committed in this context in various locations in the CAR, including Bangui and the Lobaye Prefecture, between 5 December 2013 and August 2014

Meanwhile, ICC Acquits Former Ivory Coast President Gbagbo of All War Crime Charges

Credit:  ©ICC-CPI / Laurent Gbagbo and Charles Blé Goudé at the hearing held on 15 January 2019 before the International Criminal Court in The Hague, Netherlands

Last month, ICC judges by majority acquitted ex-Ivory Coast president Laurent Gbagbo  and Charles Blé Goudé last month of all war crimes charges, and released them from The Hague detention.  Gbagbo and Blé Goudé were accused of four counts of crimes against humanity (murder, rape, attempted murder, and persecution) allegedly committed in the context of post-electoral violence in  Côte d’Ivoire (Ivory Coast) between 16 December 2010 and 12 April 2011. Their trial opened on Jan. 28, 2016.  Both Gbagbo and Blé Goudé pleaded not guilty.  Gbabgo and Blé Goudé also requested the ICC to acquit them on grounds that there is not enough evidence to proceed with the trial.  Gbagbo spent 7 years in ICC detention before acquittal.  Blé Goudé spent 4 years in ICC detention.