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International Court Pretrial Hearing Begins For Central African Republic War Crimes Cases

Credit:  ©ICC-CPI  /  Patrice-Edouard Ngaïssona (L) and Alfred Yekatom (R)  during the opening of the confirmation of charges hearing at the seat of the Court in The Hague (The Netherlands) on 19 September 2019 

By Gary Raynaldo      DIPLOMATIC TIMES

Alfred Yekatom and Patrice-Edouard Ngaïssona, two suspected war criminals from the Central African Republic, appeared today for pretrial hearing at The Hague-based International Criminal Court. Prosecutors argued there is sufficient evidence for the  two to stand trial for alleged crimes against humanity.   Yekatom  (AKA ‘Rambo’)  was surrendered to the ICC  Nov. 18, 2018 by authorities of CAR.  Militia leader Ngaïssona was arrested Dec. 12, 2018, in France pursuant to an ICC warrant for alleged crimes against humanity and war crimes.  According to  the ICC,  an armed conflict not of an international character was ongoing on the territory of the CAR since at least September 2013 until at least December 2014 between the Seleka – a coalition of armed groups predominantly composed of Muslims – and the Anti-Balaka – a predominantly Christian counter movement to the Seleka.  The ICC stated  that there are reasonable grounds to believe that, from at least September 2013 until at least December 2014, a widespread and systematic attack was carried out by the Anti-Balaka against the Muslim civilian population and anyone perceived to support the Seleka.

“The charges before you today are serious, and the evidence submitted requires their confirmation. The Muslim residents of the Central African Republic were relentlessly terrorised. Perceived as complicit with the Seleka, they were victimised by a violent armed group intent on their elimination. On the evidence before you, substantial grounds exist to believe that Mr Ngaïssona is responsible for the charged crimes. He played a key role in, and essentially contributed to, the Strategic Common Plan. He helped develop it; he assisted its implementation – organising and coordinating Anti-Balaka chiefs and ComZones, leading tens of thousands of Anti-Balaka elements. He held status, authority and influence, which he wielded over these groups in Bangui and in the western provinces.”

-Statement of the Office of the Prosecutor of the International Criminal Court at the opening of the confirmation of charges hearing in the case against Mr Yekatom and Mr Ngaïssona Sep. 19, 2019. 

“The evidence submitted also shows substantial grounds to believe that Mr Yekatom is responsible for the crimes committed by his troops in areas under his control. In implementing his Operational Common Plan and to effect the purpose common to all of the charged Anti-Balaka crimes, Mr Yekatom deployed troops and commanded them in their violent targeting of the Muslim civilian population. He failed to prevent or punish troops under his effective command and control, knowing that they were committing or about to commit these crimes. Moreover, he ordered and personally committed crimes.  Patrice Edouard Ngaïssona and Alfred Yekatom must be held to account, and this matter bound over for trial.”

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.

The pretrial hearing is scheduled to last through Sep. 27, 2019.  The judges will hear successively the oral submissions of the Prosecutor, the Legal Representatives of the Victims and the Defense. If the charges are confirmed, in full or in part, the case will be transferred to a TRIAL CHAMBER, which will conduct the  subsequent phase of the proceedings: The Trial. 

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