The confirmation hearing in the case The Prosecutor v. Maxime Jeoffroy Eli Mokom Gawaka is scheduled to open on 22 August 2023 at 9:30 (The Hague local time) before Pre-Trial Chamber II of the International Criminal Court (ICC). Pre-Trial Chamber II is composed of Judge Rosario Salvatore Aitala (Presiding Judge), Judge Tomoko Akane, and Judge Sergio Gerardo Ugalde Godínez.
The hearing is scheduled to last from 22 to 24 August 2023 in Courtroom II. The Prosecution, the Defence and the Legal Representatives of Victims will make oral submissions before the judges to present their arguments on the merits.
The purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. If one or more of the charges are confirmed, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.
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 documents:
- 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
Webstreaming of the hearing:
The hearing can be followed with 30-minute delay on the ICC website, in English, French and Sango, in Sango on the ICC YouTube Channel, and in English and French on the ICC Facebook accounts.
Attending the hearing:
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Members of the diplomatic corps, NGOs and other members of the public can request attendance via email to: [email protected] . Attendees must present a valid passport or valid ID with a photo at the main entrance of the Court (at: Oude Waalsdorperweg 10, 2597 AK The Hague).
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Journalists wishing to cover the hearing can request accreditation via email to: [email protected]. All journalists must present a valid press card, and a valid passport or valid ID with a photo, at the main entrance of the Court (at: Oude Waalsdorperweg 10, 2597 AK The Hague).
Individuals who have not received a confirmation in advance of the hearing will not be granted access to the building. Those attending are advised to arrive 20 minutes in advance before the hearing starts.
Audio-visual materials:
Images of the hearing will be available for download in video (MPEG-4) and audio (MPEG-3) format, and for viewing on the official ICC YouTube Channel.
Photographs of the hearing will be available on the ICC Flickr account