Today, 24 August 2023, the confirmation of charges hearing in the case The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka concluded before Pre-Trial Chamber II of the International Criminal Court (ICC), composed of Judge Rosario Salvatore Aitala (Presiding Judge), Judge Tomoko Akane, and Judge Sergio Gerardo Ugalde Godínez.
The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged. 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.
After hearing the oral submissions of the Prosecutor, the Legal Representatives of the Victims and the Defence, presenting their arguments on the merits, from 22 to 24 August 2023, the judges heard their respective closing statements and will now start their deliberations.
The Defence, Prosecutor and the Legal representatives of victims will have until 14 September 2023 to complete their presentations by way of written submissions, to which the Defence and Prosecution can respond by 26 September 2023 at the latest, while the Defence may reply by 2 October 2023. Within 60 days from the receipt of the Defence's reply on 2 October 2023, the judges will issue their decision. The Pre-Trial Chamber may then:
-
confirm those charges for which the Chamber has determined that there is sufficient evidence, and commit the suspect to trial before a Trial Chamber;
-
decline to confirm those charges for which it has determined that there is insufficient evidence and stop the proceedings against Mr Mokom;
-
adjourn the hearing and request the Prosecutor to provide further evidence, to conduct further investigations or to amend any charge for which the evidence submitted appears to establish t a crime other than the one charged was committed.
The Defence and the Prosecutor cannot directly appeal this decision. However they can request authorisation from the Pre-Trial Chamber to appeal it.
Background : According to the Prosecution's Document Containing the Charges, from at least September 2013, Mr Maxime Jeoffroy Eli Mokom Gawaka was a senior leader of the Anti-Balaka - a movement opposed to the Seleka and supportive of former CAR president François Bozizé - and the de facto coordinator responsible for the group's military operations. According to the Prosecution, Mr Mokom played a critical role in organising the Anti-Balaka's attacks in Bangui and Bossangoa in December 2013. In January 2014, Mr Mokom was formally designated as the Anti-Balaka National Coordinator for Operations, and held this senior position throughout 2014. Mr Mokom allegedly monitored and facilitated the activities of Anti-Balaka chiefs and or zone commanders ("ComZones") on the ground. He allegedly liaised directly with local commanders and with senior members of the National Coordination.
In this role, Mr Mokom is alleged to bear individual criminal responsibility for the following crimes from at least 5 December 2013 through at least the end of April 2014: directing attacks against the civilian population (as a war crime) murder (as a war crime and a crime against humanity), rape (as a war crime and crime against humanity), directing attacks against buildings dedicated to religion (as a war crime), destruction of property (as a war crime), pillage (as a war crime), deportation and forcible transfer (as a war crime and a crime against humanity), severe deprivation of personal liberty (as a crime against humanity) and persecution (as a crime against humanity).
On 14 March 2022, Mr Mokom was surrendered to the Court by the authorities of the Republic of Chad on account of an ICC warrant of arrest issued under seal on 10 December 2018. His initial appearance before the ICC took place on 22 March 2022.
Related materials:
- Order setting the schedule and directions for the confirmation of charges hearing
- Decision setting the date for the confirmation of charges hearing
- Prosecution's Submission of the Document Containing the Charges
- Questions and Answers on the hearing: English, French
- Case page: English, French
- Photographs of the hearing
Audio-visual materials:
Day 1
First session
Floor:
English:
French:
Sango:
Second session
Floor:
English:
French:
Sango:
Third session
Floor:
English:
French:
Sango:
Day 2
First session
Floor:
English:
French:
Sango:
Second session
Floor:
English:
French:
Sango:
Third session
Floor:
English:
French:
Sango:
Day 3
First session
Floor:
English:
French:
Sango:
Second session
Floor:
English:
French:
Sango:
