Case Information Sheet
Situation in the Democratic Republic of the Congo ICC-PIDS-CIS-DRC-02-019/23_Eng
Updated: July 2023
The Prosecutor v. Bosco Ntaganda
ICC-01/04-02/06
Bosco Ntaganda
Accused of 13 counts of war crimes and 5 crimes against humanity committed in Ituri (DRC). Trial opened on 2 September 2015 and
closing statements heard from 28 to 30 August 2018 . Found guilty on 8 July 2019. Sentenced to 30 years imprisonment on 7 November
2019. Verdict and sentence confirmed in appeals on 30 March 2021.
Date of birth: 5 November 1973
Place of birth: Rwanda
Nationality: Congolese
Former status: Former Deputy Chief of the Staff and commander of operations of the Forces Patriotiques pour la
Libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC)
Warrants of arrest: First warrant of arrest: Issued under seal on 22 August 2006; unsealed on 28 April 2008
Second warrant of arrest: Issued on 13 July 2012
Voluntary surrender to the ICC’s custody: 22 March 2013
Current status: In ICC custody
Initial appearance: 26 March 2013
Confirmation of charges hearing: 10-14 February 2014
Decision on the confirmation of charges: 9 June 2014
Trial opening: 2 September 2015
Closing statements: 28- 30 August 2018
Judgement: 8 July 2019
Sentence: 7 November 2019
Reparations Order: 8 March 2021 – Appeals judgment on reparations: 12 September 2022 – Addendum to the order: 14 July 2023
Appeals judgment on verdict and sentence: 30 March 2021
Charges
Mr Ntaganda was found guilty of crimes against humanity (murder and attempted murder, rape, sexual slavery, persecution, forcible
transfer and deportation) and war crimes (murder and attempted murder, intentionally directing attacks against civilians, rap e, sexual
slavery, ordering the displacement of the civilian population, conscripting and enlisting children under the age of 15 years into an armed
group and using them to participate actively in hostilities, intentionally directing attacks against protected objects, and d estroying the
adversary’s property).While the evidence did not sustain all incidents indicated by the Prosecutor, it did demonstrate that in relation to
each of the 18 counts at least part of the charges were proven beyond any reasonable doubt.
The Chamber has found that Mr Ntaganda was liable as a direct perpetrator for parts of the charges of three of the crimes, namely murder
as a crime against humanity and a war crime and persecution as a crime against humanity, and was an indirect perpetrator for the other
parts of these crimes. He was convicted as an indirect perpetrator for the remaining crimes. On 30 March 2021, the ICC Appeals
Chamber confirmed the conviction and the sentence
Key judicial developments
REFERRAL AND OPENING OF THE INVESTIGATION
The DRC ratified the Rome Statute, the founding instrument of the International Criminal Court, on 11 April 2002.
Case Information Sheet The Prosecutor v. Bosco Ntaganda
On 3 March 2004, the Government of the DRC referred to the Court the situation (the events falling under the Court's jurisdiction) in its
territory since the entry into force of the Rome Statute on 1 July 2002. After a preliminary analysis, the Prosecutor initiated an
investigation on 21 June 2004.
WARRANTS OF ARREST
Following his initial investigation into crimes allegedly committed in the Ituri District since 1 July 2002, the Prosecution filed an
application for the issuance of a warrant of arrest for Bosco Ntaganda on 12 January 2006.
On 22 August 2006, Pre-Trial Chamber issued a warrant of arrest under seal for Mr Ntaganda. On 28 April 2008, Pre-Trial Chamber
decided to unseal the warrants of arrest for Mr Ntaganda.
On 13 July 2012, Pre-Trial Chamber II issued a second arrest warrant for Mr Ntaganda, based on an application for a second warrant by
the Prosecution of 14 May 2012.
On 22 March 2013, Bosco Ntaganda surrendered himself voluntarily and is now in the ICC’s custody. His initial appearance hearing
took place before Pre-Trial Chamber II on 26 March 2013.
CONFIRMATION OF CHARGES
The confirmation of charges hearing in the case was held on 10-14 February 2014. A total amount of approximately 69,000 pages of
evidence was disclosed between the parties and submitted to the Chamber for its determination.
Based on the evidence submitted to its consideration, the Chamber confirmed the charges of war crimes and crimes against humanity
against Bosco Ntaganda on 9 June 2014, and committed him for trial before a Trial Chamber.
TRIAL
The trial of Mr Ntaganda opened on 2 September 2015 and closing statements from 28 to 30 August 2018.
Over the course of 248 hearings, the Chamber heard 80 witnesses and experts called by the Office of the ICC Prosecutor, Ms Fatou
Bensouda, 19 witnesses called by the Defence team lead by Mr Stéphane Bourgon and three witnesses called by the legal
representatives of the victims participating in the proceedings, as well as five victims who presented their views and concerns.
A total of 2 129 victims, represented by their legal counsel, Ms Sarah Pellet and Mr Dmytro Suprun from the ICC Office for Public
Counsel for the Victims, participated in the trial after having been authorised by the Chamber to do so.
The Trial Chamber issued 347 written decisions and 257 oral decisions during the trial phase. 1791 items were admitted into evidence.
After the presentation of evidence, the Chamber received written closing submissions from the parties and the Legal Representatives of
Victims; in total more than 1 400 pages. The total number of filings of the parties and participants and the Chamber's decisions is more
than 2300 filings.
JUDGMENT
On 8 July 2019, Trial Chamber VI found Mr Bosco Ntaganda guilty, beyond reasonable doubt, of 18 counts of war crimes and crimes
against humanity, committed in Ituri, DRC, in 2002-2003.
Trial Chamber VI found that the Union des Patriotes Congolais [Union of Congolese Patriots] (UPC) and its military wing, the Forces
Patriotiques pour la Libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC), were at all times involved in at least one
non-international armed conflict with an opposing party, in Ituri, district of the DRC from on or about 6 August 2002 to on or about 31
December 2003. The conduct of the UPC/FPLC against the civilian population was the intended outcome of a preconceived strategy to
target the civilian population, and the crimes committed took place pursuant to a policy of the UPC/FPLC. Mr Ntaganda fulfilled a very
important military function in the UPC/FPLC.
In this context, the Chamber found Mr Ntaganda guilty of crimes against humanity (murder and attempted murder, rape, sexual
slavery, persecution, forcible transfer and deportation) and war crimes (murder and attempted murder, intentionally directing attacks
against civilians, rape, sexual slavery, ordering the displacement of the civilian population, conscripting and enlisting children under
the age of 15 years into an armed group and using them to participate actively in hostilities, intentionally directing attacks against
protected objects, and destroying the adversary’s property). While the evidence did not sustain all incidents indicated by the Prosecutor,
it did demonstrate that in relation to each of the 18 counts at least part of the charges were proven beyond any reasonable doubt.
The Chamber has found that Mr Ntaganda was liable as a direct perpetrator for parts of the charges of three of the crimes, namely
murder as a crime against humanity and a war crime and persecution as a crime against humanity, and was an indirect perpetrator for
the other parts of these crimes. He was convicted as an indirect perpetrator for the remaining crimes.
Case Information Sheet The Prosecutor v. Bosco Ntaganda
SENTENCE
On 7 November 2019, Trial Chamber VI sentenced Bosco Ntaganda to a total of 30 years of imprisonment. The time Mr Ntaganda has
spent in detention at the will be deducted from this sentence.
APPEALS
Mr Ntaganda and the Prosecutor have appealed the verdict and Mr Ntaganda has appealed the sentencing judgement.
On 30 March 2021, the ICC Appeals Chamber confirmed the conviction and the sentence in this case. These two decisions are now final.
TRANSFER TO BELGIAN PRISON
On 14 December 2022, Mr Ntaganda was transferred to the Kingdom of Belgium to serve his sentence of imprisonment at the Leuze-en-
Hainaut prison. Persons convicted by the ICC serve their sentence in a State designated by the Court from a list of States which have
indicated their willingness to allow convicted persons to serve their sentence. In the present case, the transfer of Mr Ntaganda was
implemented pursuant to article 103 of the Rome Statute and the Agreement between the International Criminal Court and the
Government of the Kingdom of Belgium on the Enforcement of Sentences of the International Criminal Court.
REPARATIONS
On 8 March 2021, Trial Chamber VI delivered its Order on Reparations to victims against Mr Ntaganda.. The Defence of Mr Ntaganda
and the Legal Representative of one of the two groups of victims appealed this order.
On 12 September 2022, the Appeals Chamber issued its judgment in the appeals and remanded several issues for the Trial Chamber to
issue a new reparations order.
On 14 July 2023, Trial Chamber II delivered an Addendum to the Reparations Order of 8 March 2021. The Chamber conclusions
included the estimation of the approximate number of direct and indirect victims of crimes against child soldiers, to approximately
3,000 individuals in total; and the estimation of the approximate number of direct and indirect victims of the attacks, to approximately
7,500 individuals in total. The Chamber assessed Mr Ntaganda’s liability for reparations at USD 31,300,000.
The Chamber reiterated its request for the Presidency’s assistance, with the support of the Registry, to continue exploring whether Mr
Ntaganda possesses any undiscovered assets and to monitor Mr Ntaganda’s financial situation on an ongoing basis.
Following this Addendum, the Chamber will rule on all aspects of the Draft Implementation Plan that do not require further
submissions from the ICC Trust Fund for Victims or the parties, including the procedural aspects of the mechanism for the
determination of the victims’ eligibility.
LEGAL AID
Mr Ntaganda is provisionally considered as indigent and the costs of his defence are temporarily supported by the Court.
Composition of Trial Chamber II
Judge Chang-ho Chung (Presiding judge)
Judge Péter Kovács
Judge Socorro Flores Liera
Representation of the Office of the Prosecutor
Karim A.A. Khan KC, Prosecutor
Nicole Samson, Senior Trial Lawyer
Defence Counsel for Bosco Ntaganda
Stéphane Bourgon
Kate Gibson
Legal Representatives of the Victims
Sarah Pellet
Dmytro Suprun
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