Prosecutor v. Katanga

Case Name: 
Prosecutor v. Katanga
ICC-01/04-01/07-3436 (Trial Chamber II Judgement Pursuant to Article 74 of the Statute)
Decision Date: 
March 7, 2014
Key Facts: 

Katanga, President of the Ngiti militia and Commander of Chief of Aveba, was indicted by the ICC for participating in the crimes against humanity and war crimes committed during the Bogoro attack. The Trial Chamber found that despite his position as President, he did not have full operational command over all fighting forces and commanders. As such, the Chamber acquitted Katanga of some of the crimes committed but still found him guilty under Article 25(3)(d) as an accessory of the crime against humanity of murder and war crimes of murder, attacking a civilian population, destruction of property and pillaging since because he provided indispensable logistical aid (providing arms and transportation) that enabled the militia to commit the crimes.



Key Passages : 

ACTUS REUS: Criminal liability under Article 25(3)(c) is always dependent on the commission or at least attempted commission of an offence by the principal perpetrator. (“In the aforegoing forms of participation in the commission of a crime, accessorial liability is always contingent on the existence of a principal. [Citing to Lubanga] An accessory can be held criminally liable as such, only where a person commits or attempts to commit a crime within the jurisdiction of the Court.”) (¶ 1385).

Trial Chamber II