International Criminal Law · Analysis and Cases

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The Prosecutor v. Callixte Mbarushimana

Case Sheet · ICC

The Prosecutor v. Callixte Mbarushimana

Situation Situation in the Democratic Republic of the Congo I
Status Charges Not Confirmed

Context

Callixte Mbarushimana was alleged to be a leader of the Forces démocratiques de libération du Rwanda (FDLR), an armed group operating in the eastern Democratic Republic of the Congo. He was charged with crimes against humanity and war crimes allegedly committed in 2009 in the Kivu provinces. On 16 December 2011, Pre-Trial Chamber I declined to confirm the charges, and he was released shortly thereafter.

Pre-Trial

Arrest warrant 28 September 2010
Crimes at arrest warrant Crime against humanity of murder · art. 7(1)(a) RS
Crime against humanity of torture · art. 7(1)(f) RS
Crime against humanity of rape · art. 7(1)(g)-1 RS
Crime against humanity of persecution · art. 7(1)(h) RS
Crime against humanity of other inhumane acts · art. 7(1)(k) RS
War crime of murder · art. 8(2)(a)(i) / 8(2)(c)(i) RS
War crime of torture / cruel treatment · art. 8(2)(a)(ii)-1 / 8(2)(c)(i)-4 RS
War crime of inhuman treatment · art. 8(2)(a)(ii)-2 RS
War crime of attacking civilians · art. 8(2)(b)(i) / 8(2)(e)(i) RS
War crime of rape · art. 8(2)(b)(xxii)-1 / 8(2)(e)(vi)-1 RS
War crime of destruction or seizure of property · art. 8(2)(a)(iv) / 8(2)(e)(xii) RS
Transfer to ICC 25 January 2011
Initial appearance 28 January 2011
Crimes at document containing charges Crime against humanity of murder · art. 7(1)(a) RS
Crime against humanity of torture · art. 7(1)(f) RS
Crime against humanity of rape · art. 7(1)(g)-1 RS
Crime against humanity of persecution · art. 7(1)(h) RS
Crime against humanity of other inhumane acts · art. 7(1)(k) RS
War crime of murder · art. 8(2)(c)(i) RS
War crime of mutilation · art. 8(2)(c)(i)-2 / 8(2)(e)(xi)-1 RS
War crime of torture · art. 8(2)(c)(i)-4 RS
War crime of cruel treatment · art. 8(2)(c)(i)-3 RS
War crime of attacking civilians · art. 8(2)(e)(i) RS
War crime of pillaging · art. 8(2)(e)(v) RS
War crime of rape · art. 8(2)(e)(vi)-1 RS
War crime of destruction or seizure of property · art. 8(2)(e)(xii) RS
Decision on confirmation of charges 16 December 2011 · Charges declined

Key Documents

Warrant of arrest Warrant of Arrest (2010)
Document containing charges Document Containing the Charges (2011)
Decision on confirmation Decision on the Confirmation of Charges (2011)
ICC case page Official ICC page — The Prosecutor v. Callixte Mbarushimana