Three of the Court's State Parties have referred situations to the Prosecutor for investigation – the Democratic Republic of Congo (DRC), Uganda and Central African Republic (CAR).  In addition the Security Council has referred the situation in the Darfur Region of Sudan to the Court.  

 

In the DRC the investigation has focused on the Ituri region, where conflict between opposing militia and rebel groups has resulted in serious breaches of international law including massacres, systematic sexual violence and the endemic use of child soldiers by all parties. Following the arrest of Thomas Lubanga Dyilo, the first ICC trial began in January 2009.  The accused is charged with offences relating to the conscription of children under fifteen years old and using them to participate in hostilities.  

Uganda asked the ICC to investigate the activities of the Lord's Resistance Army (LRA) in Northern Uganda. The LRA has been leading a long insurgency against the Ugandan government, causing widespread suffering and terrorising local communities. The Prosecutor launched a formal investigation at the end of July 2004, and in 2005 arrest warrants were issued for five leading members of the LRA, though these warrants have not yet been executed.

In Central African Republic (CAR) the Prosecutor commenced an investigation in 2007 into rapes committed on a massive scale during the period 2002-03.  In July 2008, the leader of the Movement for the Liberation of Congo, Jean-Pierre Bemba Gombo, was transferred to the Hague for trial on charges of rape, murder and torture as crimes against humanity and war crimes.

 

In relation to the situation in Darfur, which was referred to the ICC by the Security Council under resolution 1593 (2005).  Arrest warrants have been issued for the arrest of Ahmad Harun, Ali Kushayb and President Omar Al-Bashir in respect of attacks on the civilian population of Darfur including murder, rape, torture and forcible transfer amounting to crimes against humanity and war crimes.  Additionally, Bahr Idriss Abu Garda, a leader of a rebel movement "United Resistance Front", made a voluntary appearance at the ICC in May 2009 in response to a summons to answer charges in relation to an attack on UN peacekeepers in Darfur.

 

It is a UK and EU objective to increase the number of States parties to the ICC Statute so that the Court can operate within the widest possible jurisdiction, including in particular more representation from Arab and Asian states.

 

At the same time, we recognise that not all states support the ICC. Some are concerned that their citizens could be subjected to politically-motivated 'nuisance' cases. We understand these concerns but we do not share them. We are satisfied that the safeguards in the ICC Statute will prevent the Court from pursuing such cases.

 

Once the ICC has established a responsible track record and it is clear that the safeguards against politically-motivated nuisance cases are working, we hope that those states currently opposed to the ICC will reconsider becoming a party to the ICC Statute. We realise, however, that this is a long-term goal. In the meantime, with our EU partners we continue to lobby for ratification of the ICC Statute.