The list of people who have been indicted in the International Criminal Court includes all individuals who have been indicted on any counts of genocide, crimes against humanity, war crimes, or contempt of the Court by the Prosecutor of the International Criminal Court (ICC) pursuant to the Rome Statute. An individual is indicted when a Pre-Trial Chamber issues either an arrest warrant or a summons after it finds that "there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court".[1] An arrest warrant is issued where it appears necessary "to ensure the person's appearance at trial, to ensure that the person does not obstruct or endanger the investigation or the court proceedings, or, where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances".[1] The Pre-Trial Chamber issues a summons if it is satisfied that a summons is sufficient to ensure the person's appearance.[1] Individuals can only be charged with genocide, crimes against humanity, or war crimes. Although mentioned in the Statute, the Court cannot currently prosecute individuals for the "crime of aggression".[2]
To date, the ICC has opened investigations into seven situations (shown in the table below under the column titled S) in: the Democratic Republic of the Congo (COD); Uganda; the Central African Republic (CAF); Darfur, Sudan (SD-D); the Republic of Kenya (KEN); the Libyan Arab Jamahiriya (LBY); and the Republic of Côte d'Ivoire (CIV).[3] The ICC has publicly indicted 27 people, proceedings against 23 of whom are ongoing. The ICC has issued arrest warrants for 18 individuals and summonses to nine others. Five individuals are in custody and are being tried while eight individuals remain at large as fugitives (although one is reported to have died). Additionally, two individuals have been arrested by national authorities, but have not yet been transferred to the Court; the national authorities have indicated to be willing to try the suspects themselves. Proceedings against four individuals have finished following the death of two and the dismissal of charges against the other two.
The list below details the counts against each individual indicted in the Court and his or her current status. The column titled G lists the number of counts (if any) of the crime of genocide with which an individual has been charged. CAH list the number of counts of crimes against humanity and WC the number of counts of war crimes. C lists the number of counts of contempt of the Court and other offences against the administration of justice. Note that these are the counts with which an individual was indicted, not convicted. The column titled AW/S provides either a link to the arrest warrant (or arrest warrants) issued against or summons issued to the individual by the Court.
| Name | S | Indicted | G |
CAH |
WC |
C |
Transferred to the ICC |
Current status | AW/S |
|---|---|---|---|---|---|---|---|---|---|
| Joseph Kony | UGA | 8 July 2005 | — | 12 | 21 | — | Fugitive | [4] | |
| Raska Lukwiya | UGA | 8 July 2005 | — | 1 | 3 | — | Died on 12 August 2006; proceedings terminated on 11 July 2007[5] | [6] | |
| Okot Odhiambo | UGA | 8 July 2005 | — | 3 | 7 | — | Fugitive | [7] | |
| Dominic Ongwen | UGA | 8 July 2005 | — | 3 | 4 | — | Fugitive | [8] | |
| Vincent Otti | UGA | 8 July 2005 | — | 11 | 21 | — | Fugitive; reported to have died on 2 October 2007[9] | [10] | |
| Thomas Lubanga Dyilo | COD | 10 February 2006 | — | — | 3 | — | 17 March 2006 | Trial began on 26 January 2009[11] | [12] |
| Bosco Ntaganda | COD | 22 August 2006 | — | — | 3 | — | Fugitive | [13] | |
| Ahmed Haroun | SD-D | 27 April 2007 | — | 20 | 22 | — | Fugitive | [14] | |
| Ali Kushayb | SD-D | 27 April 2007 | — | 22 | 28 | — | Fugitive | [15] | |
| Germain Katanga | COD | 2 July 2007 | — | 3 | 6 | — | 17 October 2007 | Trial began on 24 November 2009[16] | [17] |
| Mathieu Ngudjolo Chui | COD | 6 July 2007 | — | 3 | 6 | — | 6 February 2008 | Trial began on 24 November 2009[16] | [18] |
| Jean-Pierre Bemba | CAF | 23 May 2008 | — | 3 | 5 | — | 3 July 2008 | Trial began on 22 November 2010[19] | [20] |
| Omar al-Bashir | SD-D | 4 March 2009 | 3 | 5 | 2 | — | Fugitive | [21][22] | |
| Bahr Abu Garda | SD-D | 7 May 2009 | — | — | 3 | — | Appeared voluntarily | Charges dismissed on 8 February 2010[23] | [24] |
| Abdallah Banda | SD-D | 27 August 2009 | — | — | 3 | — | Appeared voluntarily | Case in pre-trial stage[25] | [26] |
| Saleh Jerbo | SD-D | 27 August 2009 | — | — | 3 | — | Appeared voluntarily | Case in pre-trial stage[25] | [27] |
| Callixte Mbarushimana | COD | 28 September 2010 | — | 5 | 6 | — | 25 January 2011 | Charges dismissed on 16 December 2011 (released on 23 December 2011)[28][29] | [30] |
| Mohammed Ali | KEN | 8 March 2011 | — | 5 | — | — | Appeared voluntarily | Case in pre-trial stage[31] | [32] |
| Uhuru Kenyatta | KEN | 8 March 2011 | — | 5 | — | — | Appeared voluntarily | Case in pre-trial stage[31] | [32] |
| Henry Kosgey | KEN | 8 March 2011 | — | 4 | — | — | Appeared voluntarily | Case in pre-trial stage[33] | [34] |
| Francis Muthaura | KEN | 8 March 2011 | — | 5 | — | — | Appeared voluntarily | Case in pre-trial stage[31] | [32] |
| William Ruto | KEN | 8 March 2011 | — | 4 | — | — | Appeared voluntarily | Case in pre-trial stage[33] | [34] |
| Joshua Sang | KEN | 8 March 2011 | — | 4 | — | — | Appeared voluntarily | Case in pre-trial stage[33] | [34] |
| Muammar Gaddafi | LBY | 27 June 2011 | — | 2 | — | — | Died on 20 October 2011; proceedings terminated on 22 November 2011[35] | [36] | |
| Saif al-Islam Gaddafi | LBY | 27 June 2011 | — | 2 | — | — | Arrested in Libya on 19 November 2011[37] | [38] | |
| Abdullah Senussi | LBY | 27 June 2011 | — | 2 | — | — | Arrested in Libya on 20 November 2011[39] | [40] | |
| Laurent Gbagbo | CIV | 23 November 2011 | — | 4 | — | — | 30 November 2011 | Case in pre-trial stage[41] | [42] |
Bahr Abu Garda was indicted on 7 May 2009 with three counts of war crimes with regard to the situation in Darfur, Sudan. Abu Garda was alleged to have been a commander of a splinter group of the Justice and Equality Movement (JEM), a rebel group fighting in the Darfur conflict against the Sudanese government. He is accused of leading JEM forces under his command (in conjunction with other rebel forces) in a raid on the Haskanita base of the African Union Mission in Sudan (AMIS) on 29 September 2007, in which 12 AMIS peacekeepers were killed and eight were seriously injured; the base was also extensively damaged.[24] Abu Garda was accused of being criminally responsible for murder, pillaging, and "intentionally directing attacks against personnel, installations, materials, units and vehicles involved in a peacekeeping mission".[24] Abu Garda first appeared before the Court, voluntarily, on 18 May 2009. On 8 February 2010 Pre-Trial Chamber I ruled that the charges against him would not be confirmed and all charges against him were dropped.[23]
Mohammed Ali was indicted on 8 March 2011 with five counts of crimes against humanity with regard to the situation in the Republic of Kenya. Ali, who at the time was the Commissioner of the Kenya Police, is alleged to have conspired with Francis Muthaura, an advisor of President Mwai Kibaki, to order the police forces that he commanded to not intervene in stopping violence perpetrated by Mungiki forces loyal to President Kibaki during post-election violence from 27 December 2007 to 29 February 2008.[32] Mungiki forces are alleged to have committed murders, deportations, rapes and other forms of sexual violence, persecutions, and other inhumane acts against civilians who were perceived to be loyal to the Orange Democratic Movement (the political party of President Kibaki's rival) in the towns of Kibera, Kisumu, Naivasha, and Nakuru.[32] Ali voluntarily appeared before the Court on 8 April 2011 and the case against him is currently in the pre-trial stage in conjunction with the cases against Muthaura and Uhuru Kenyatta.[43]
Abdallah Banda was indicted on 27 August 2009 with three counts of war crimes with regard to the situation in Darfur, Sudan. Banda is alleged to have been a commander of a splinter group of the Justice and Equality Movement (JEM), a rebel group fighting in the Darfur conflict against the Sudanese government. He is accused of leading JEM forces under his command (in conjunction with other rebel forces) in a raid on the Haskanita base of the African Union Mission in Sudan (AMIS) on 29 September 2007, in which 12 AMIS peacekeepers were killed and eight were seriously injured; the base was also extensively damaged.[26] Banda is accused of ordering murders, pillaging, and "intentionally directing attacks against personnel, installations, materials, units and vehicles involved in a peacekeeping mission".[26] Banda voluntarily appeared before the Court on 17 June 2010 and the case against him is currently in the pre-trial stage in conjunction with the case against Saleh Jerbo.[25]
Omar al-Bashir was indicted on 4 March 2009 with five counts of crimes against humanity and two counts of war crimes with regard to the situation in Darfur, Sudan.[21] On 12 July 2010 he was additionally charged with three counts of genocide.[22] During the Darfur conflict (specifically from April 2003 to 14 July 2008), al-Bashir, from his position as President of Sudan, is accused of implementing a government policy that used the state apparatus (the military, police, security, and Janjaweed forces) to attack Fur, Masalit, and Zaghawa populations that were perceived to be sympathetic to rebel groups. Al-Bashir is accused of ordering the rape, murder, extermination, forcible transfer, and torture of civilians, as well as the pillaging of numerous villages and camps.[21] Additionally, he is accused of intending to partially destroy the Fur, Masalit, and Zaghawa ethnic groups by killings, "causing serious bodily or mental harm," and "deliberately inflicting conditions of life calculated to bring about physical destruction".[22] The Court has issued two arrest warrants for al-Bashir and he is currently a fugitive. He is openly living in Sudan where he serves as President and as such Sudanese state policy has been to not co-operate with the Court. Since the warrants have been issued, al-Bashir has traveled to several other countries and has not been arrested. Among the counties he traveled to include Chad, Kenya, Djibouti, and Malawi which are states parties to the Rome Statute and were therefore obligated to have arrested him.[44][45][46][47]
Jean-Pierre Bemba was indicted on 23 May 2008 on two counts of crimes against humanity and four counts of war crimes with regard to the situation in the Central African Republic (CAR).[48] On 10 June 2008, the arrest warrant was replaced with an amended version that charged Bemba with three counts of crimes against humanity and five counts of war crimes.[20] Later on 15 June 2009, Pre-Trial Chamber II found that Bemba would only be tried for two counts of crimes against humanity and three counts of war crimes.[49] Bemba is alleged to have led the Movement for the Liberation of the Congo (MLC), a Congolese rebel movement, into the CAR after Central African President Ange-Félix Patassé sought Bemba's assistance to fight off a rebellion led by François Bozizé. Bemba was accused of allowing his troops to rape, torture, murder, and inhumanely treat civilians in and pillage the towns of Bangui, Bossangoa, Bossembélé, Damara, and Mongoumba from 25 October 2002 to 15 March 2003.[20] Bemba was arrested in Belgium on 24 May 2008 and transferred to the Court on 3 July 2008; his trial began on 22 November 2010 and is ongoing.[19]
Muammar Gaddafi was indicted on 27 June 2011 on two counts of crimes against humanity with regard to the situation in the Libyan Arab Jamahiriya. As the Leader of the Revolution (head of state) and Commander of the Armed Forces of Libya he is alleged to have planned, in conjunction with his inner circle, a policy of violent oppression of popular uprisings in the early weeks of the Libyan civil war.[36] He is alleged to have formulated a plan in response to the 2011 Tunisian and Egyptian revolutions whereby Libyan state security forces under his authority were ordered to use all means necessarily to quell public protests against his regime.[36] From 15 February 2011 until at least 28 February 2011 forces from government-organized militias, the national police, the Libyan Armed Forces, the Revolutionary Guard Corps, and other security services allegedly murdered hundreds of civilians and committed "inhuman acts that severely deprived the civilian population of its fundamental rights" in the cities of Ajdabiya, Bayda, Benghazi, Derna, Misrata, Tobruk, and Tripoli.[36] Gaddafi was killed in the Libyan city of Sirte on 20 October 2011 and the Court terminated proceedings against him on 22 November 2011.[35]
Saif al-Islam Gaddafi was indicted on 27 June 2011 on two counts of crimes against humanity with regard to the situation in the Libyan Arab Jamahiriya. Although not an official member of the Libyan government, Saif al-Islam Gaddafi is alleged to be the de facto prime minister and is the "unspoken successor and the most influential person" to Muammar Gaddafi, the head of state.[38] Saif al-Islam Gaddafi, in conjunction with Muammar Gaddafi and his inner circle, is alleged to have planned a policy of violent oppression in response to the 2011 Tunisian and Egyptian revolutions that was implemented in the early weeks of the Libyan civil war. From 15 February 2011 until at least 28 February 2011 forces from government-organized militias, the national police, the Libyan Armed Forces, the Revolutionary Guard Corps, and other security services were alleged to have been ordered to use all means necessarily to quell public protests against Muammar Gaddafi's regime and allegedly murdered hundreds of civilians and committed "inhuman acts that severely deprived the civilian population of its fundamental rights" in the cities of Ajdabiya, Bayda, Benghazi, Derna, Misrata, Tobruk, and Tripoli.[38] Saif al-Islam Gaddafi was arrested on 19 November 2011 near the Libyan town of Ubari.[37] He has not yet been transferred to the Court.
Laurent Gbagbo was indicted on 23 November 2011 on four counts of crimes against humanity with regard to the situation in the Republic of Côte d'Ivoire. As the President of Côte d'Ivoire, Gbagbo is alleged to have organized, along with members of his inner circle, systematic attacks against civilians during post-election violence that began on 28 November 2010.[42] National security forces, the armed forces, militias, and mercenaries under the command of Gbagbo are alleged to have murdered, raped, persecuted, and inhumanly treated civilians who were perceived to be supporters of Alassane Ouattara, Gbagbo opponent in the 2010 presidential election.[42] According to the arrest warrant for Gbagbo, the crimes occurred in and around Abidjan, including the vicinity of the Golf Hotel, and in the western part of the country from 16 December 2010 to 12 April 2011.[42] Gbagbo was arrested by Ivorian forces loyal to Ouattara in the presidential residence on 11 April 2011.[50] On 29 November 2011 Gbagbo was transferred to the Court and the case against him is currently in the pre-trial stage.[41]
Ahmed Haroun was indicted on 27 April 2007 on 20 counts of crimes against humanity and 22 counts of war crimes with regard to the situation in Darfur, Sudan. He is alleged to have co-ordinated the operations of Sudanese military, police, security, and Janjaweed forces in the Darfur region while he was Minister of State for the Interior from April 2003 to September 2005 during the Darfur conflict. These forces were allegedly aided and encouraged by Haroun to attack Fur civilian populations, specifically the towns of Kodoom, Bindisi, Mukjar, Arawala, and their surrounding areas. Civilian populations were subject to persecution, murder, forcible transfer, rape, imprisonment, torture, sexual abuse, and other inhumane acts. Additionally, property was allegedly destroyed and the towns were pillaged.[14] Since his indictment, Haroun has continued to play an active role in the Sudanese government, which has refused to co-operate with the Court. He served as Sudan's Minister of State for Humanitarian Affairs until May 2009 when he was appointed Governor of South Kordofan.[51]
Saleh Jerbo was indicted on 27 August 2009 with three counts of war crimes with regard to the situation in Darfur, Sudan. Jerbo is alleged to have been a commander of a splinter group of the Sudan Liberation Movement/Army (SLM/A), a rebel group fighting in the Darfur conflict against the Sudanese government. He is accused of leading SLM/A forces under his command (in conjunction with other rebel forces) in a raid on the Haskanita base of the African Union Mission in Sudan (AMIS) on 29 September 2007, in which 12 AMIS peacekeepers were killed and eight were seriously injured; the base was also extensively damaged.[27] Jerbo is accused of ordering murders, pillaging, and "intentionally directing attacks against personnel, installations, materials, units and vehicles involved in a peacekeeping mission".[27] Jerbo voluntarily appeared before the Court on 17 June 2010 and the case against him is currently in the pre-trial stage in conjunction with the case against Abdallah Banda.[25]
Germain Katanga was indicted on 2 July 2007 on three counts of crimes against humanity and six counts of war crimes with regard to the situation in the Democratic Republic of the Congo (DRC). He was alleged to be leader of the Front for Patriotic Resistance in Ituri (FRPI), an armed group involved in the Ituri conflict. On and around 23 February 2003, he is alleged to have led his forces into the village of Bogoro and ordered them to indiscriminately attack its civilian population in co-ordination with another armed group, the Nationalist and Integrationist Front (FNI). The attack resulted in 200 civilian deaths. Katanga is accused of ordering his forces to attack, murder, sexually enslave, and inhumanely treat the civilians in and around Bogoro. He is also accused of pillaging the village and using children to participate in the attack.[17] Katanga was arrested by Congolese authorities on 1 March 2005 in connection with an attack that killed nine UN peacekeepers.[52] After an international warrant for his arrest was issued, Katanga was transferred to the ICC on 17 October 2007. His trial began on 24 November 2009 in conjunction with Mathieu Ngudjolo Chui's and is ongoing.[16]
Uhuru Kenyatta was indicted on 8 March 2011 with five counts of crimes against humanity with regard to the situation in the Republic of Kenya. Kenyatta, as a supporter of President Mwai Kibaki, is alleged to have planned, financed, and coordinated the violence perpetrated against the perceived supporters of the President's rival during post-election violence from 27 December 2007 to 29 February 2008.[32] Kenyatta is alleged to have "had control over the Mungiki organization" and directed it to attack civilians who were perceived to be loyal to the Orange Democratic Movement (ODM), the political party of the President's rival. Kenyatta voluntarily appeared before the Court on 8 April 2011 and the case against him is currently in the pre-trial stage in conjunction with the cases against Mohammed Ali and Francis Muthaura.[43]
Joseph Kony was indicted on 8 July 2005 on 12 counts of crimes against humanity and 21 counts of war crimes with regard to the situation in Uganda. He is alleged to be the chairperson and commander-in-chief of the Lord's Resistance Army (LRA), an armed group which has been waging a guerrilla campaign since 1987 against the Ugandan government. According to the arrest warrant issued for him, since 1 July 2002 "the LRA has engaged in a cycle of violence and established a pattern of 'brutalization of civilians' by acts including murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements" and furthermore "that abducted civilians, including children, are said to have been forcibly 'recruited' as fighters, porters and sex slaves to serve the LRA and to contribute to attacks against the Ugandan army and civilian communities".[4] Kony is currently at large and his whereabouts are unknown, although he is suspected to be in either Uganda or neighboring countries.[53]
Henry Kosgey was indicted on 8 March 2011 on four counts of crimes against humanity with regard to the situation in the Republic of Kenya. He is alleged to have been the deputy leader and treasurer of an ad hoc organization created by members of the Kalenjin ethnic group to perpetrate violence on behalf of the Orange Democratic Movement (ODM) during post-election violence in December 2007 and January 2008.[34] At the time Kosgey was also Chairman of the ODM, which was the political party of presidential candidate Raila Odinga. Kosgey, as a top leader in the ad hoc Kalenjin organization, directed Kalenjin youths to target civilians of the Kikuyu, Kamba, and Kisii ethnic groups, which were perceived to be supporters of the Party of National Unity, the political party of Odinga's opponent during the election.[34] Kosgey is alleged to be criminally responsible for the murder, deportation, torture, and persecution of civilians in the towns of Kapsabet, Nandi Hills, Turbo, and the greater Eldoret area.[34] Kosgey first appeared before the Court, voluntarily, on 7 April 2011 and the case against him is currently in the pre-trial stage in conjunction with the cases against William Ruto and Joshua Sang.[54]
Ali Kushayb was indicted on 27 April 2007 on 22 counts of crimes against humanity and 28 counts of war crimes with regard to the situation in Darfur, Sudan. He is alleged to be "one of the most senior leaders in the tribal hierarchy in the Wadi Salih Locality" who commanded thousands of Janjaweed forces in the Darfur region from August 2003 to March 2004 during the Darfur conflict.[15] Furthermore, it is alleged that he was the mediator between the Sudanese government and the Janjaweed and that he implemented the government's policy in the region of Darfur and that in so doing ordered attacks on civilian populations. Kushayb is alleged to have personally participated in the attack of the towns of Arawala, Bindisi, Kodoom, and Mukjar. These attacks allegedly resulted in the persecution, murder, forcible transfer, rape, imprisonment, torture, sexual violence, and inhumane treatment of civilians, as well as the destruction of property and pillaging of villages.[15] The Sudanese government has refused to co-operate with the Court and to execute the warrant of arrest for Kushayb. However, in October 2008 it was reported that Kushayb was arrested by Sudanese officials in connection to war crimes allegedly committed in Darfur.[55] Despite the arrest, no evidence of any further proceedings has emerged. It is also not clear if Kushayb is in detention and his whereabouts are not publicly known.
Thomas Lubanga Dyilo was indicted on 10 February 2006 on three counts of war crimes with regard to the situation in the Democratic Republic of the Congo (DRC). He was alleged to have been the founding leader of the Union of Congolese Patriots (UCP), a rebel movement in the northeast part of the DRC, as well as the founding commander-in-chief of the UCP's armed wing, the Patriotic Force for the Liberation of the Congo (FPLC). From July 2002 to December 2003, the UCP and the FPLC allegedly fought in the Ituri conflict under the command of Lubanga Dyilo. Lubanga Dyilo is accused of conscripting and enlisting children to the FPLC and of using them "to participate actively in hostilities".[12] Lubanga Dyilo was arrested on 19 March 2005 by Congolese authorities after allegedly ordering an attack on UN peacekeepers; following the indictment in 2006 and the subsequent arrest warrant, Congolese authorities surrendered Lubanga Dyilo to the Court on 16 March 2006.[56] On 26 January 2009 Lubanga Dyilo's trial began at the Court and is currently ongoing.[11]
Raska Lukwiya was indicted on 8 July 2005 on one count of crimes against humanity and three counts of war crimes with regard to the situation in Uganda. He was alleged to be a former general and commander of the Lord's Resistance Army (LRA), an armed group which has been wagging a guerrilla campaign since 1987 against the Ugandan government. According to the arrest warrant issued for him, sometime after 1 July 2002 (the date the Rome Statute entered into force) he allegedly ordered his forces to carry out attacks against internally displaced person camps which were pillaged and resulted in attacks on, enslavement of and cruel treatment of civilians.[6] On 12 August 2006 the Ugandan military killed Lukwiya in an battle with LRA forces.[57] Following the confirmation of his death, the Court terminated proceedings against Lukwiya on 11 July 2007.[5]
Callixte Mbarushimana was indicted on 28 September 2010 on five counts of crimes against humanity and six counts of war crimes with regard to the situation in the Democratic Republic of the Congo (DRC). He is alleged to have been the Executive Secretary of the Democratic Forces for the Liberation of Rwanda (FDLR), a Hutu Power rebel group fighting in the Kivu conflict, since July 2007 and the de facto President since November 2009.[30] Since January 2009 Mbarushimana is accused of commanding FDLR troops that have attacked civilians in 11 different villages in the North and South Kivu Provinces in the eastern DRC. These attacks are alleged of resulting in the destruction of property and the murder, torture, rape, inhumane treatment, and persecution of civilians.[30] Mbarushimana was arrested in France on 11 October 2010 and transferred to the Court on 25 January 2011.[28] On 16 December 2011, Pre-Trial Chamber I ruled to decline to confirm the charges against him and ordered his release.[58] The Prosecutor's appeal against the decision was rejected, and on 23 December 2011, Mbarushimana became the first person to be detained by the ICC and then set free; at his request, he was released in France.[29]
Francis Muthaura was indicted on 8 March 2011 with five counts of crimes against humanity with regard to the situation in the Republic of Kenya. As the Head of the Public Service, Secretary to the Cabinet, and Chairman of the National Security and Advisory Committee of President Mwai Kibaki, he is alleged to have planned, financed, and coordinated the violent response against the supporters of the President's rival during post-election violence from 27 December 2007 to 29 February 2008.[32] Specifically, Muthaura is alleged to have directed and paid Mungiki forces loyal to the President to attack civilians who were perceived to be loyal to the Orange Democratic Movement (ODM) (the political party of the President's rival) and instructed Mohammed Ali, the Commissioner of the Kenya Police, to not intervene against Mungiki forces.[32] Mungiki forces are alleged to have committed murders, deportations, rapes and other forms of sexual violence, persecutions, and other inhumane acts against civilians who were perceived to be loyal to the ODM in the towns of Kibera, Kisumu, Naivasha, and Nakuru.[32] Muthaura voluntarily appeared before the Court on 8 April 2011 and the case against him is currently in the pre-trial stage in conjunction with the cases against Mohammed Ali and Uhuru Kenyatta.[43]
Mathieu Ngudjolo Chui was indicted on 6 July 2007 on three counts of crimes against humanity and six counts of war crimes with regard to the situation in the Democratic Republic of the Congo (DRC). He is alleged to have been the commander of the Nationalist and Integrationist Front (FNI), an armed group involved in the Ituri conflict. On and around 23 February 2003, he is alleged to have led his forces into the village of Bogoro and ordered them to indiscriminately attack its civilian population in co-ordination with another armed group, the Front for Patriotic Resistance in Ituri (FRPI). The attack resulted in 200 civilian deaths. Ngudjolo Chui is accused of ordering his forces to attack, murder, sexually enslave, and inhumanely treat the civilians in and around Bogoro. He is also accused of pillaging the village and using children to participate in the attack.[18] After the Court issued an arrest warrant Ngudjolo Chui was detained on 6 February 2008 by Congolese authorities and transferred to the Court the next day. His trial began on 24 November 2009 in conjunction with Germain Katanga's and is ongoing.[16]
Bosco Ntaganda was indicted on 22 August 2006 on three counts of war crimes with regard to the situation in the Democratic Republic of the Congo (DRC). He is alleged to be a third highest ranking official in the Patriotic Force for the Liberation of the Congo (FPLC), the armed wing of the of the Union of Congolese Patriots (UCP), a rebel movement in the northeast part of the DRC, that fought in the Ituri conflict. From July 2002 to December 2003, Ntaganda is alleged to have ordered FPLC troops to conscript and enlist children to the FPLC and UCP, and of using them "to participate actively in hostilities".[13] Since being indicted, Ntaganda has become a general in the Congolese armed forces and (despite the fact that there is an international warrant for his arrest) still lives openly in the Kivu region of the eastern DRC.[59]
Okot Odhiambo was indicted on 8 July 2005 on three counts of crimes against humanity and seven counts of war crimes in regard to the situation in Uganda. He is alleged to be an integral member of the policy-making leadership of the Lord's Resistance Army (LRA), an armed group which has been wagging a guerrilla campaign since 1987 against the Ugandan government. Additionally, he was also a military commander and sometime after 1 July 2002 (the date the Rome Statute entered into force) he allegedly issued "standing orders to attack and brutalise civilian populations".[7] These attacks on civilian populations allegedly resulted in murder, pillaging of camps, enslavement, and the forcible conscription of children.[7] Odhiambo is currently at large as a fugitive, presumably in Uganda or a neighboring country. In 2009 he told Agence France-Presse that he had defected from the LRA, but would only surrender if there was a guarantee that he would not be turned over to the Court.[60]
Dominic Ongwen was indicted on 8 July 2005 on three counts of crimes against humanity and four counts of war crimes in regard to the situation in Uganda. He is allegedly a military commander and a member of the leadership of the Lord's Resistance Army (LRA), an armed group which has been wagging a guerrilla campaign since 1987 against the Ugandan government. Sometime after 1 July 2002 (the date the Rome Statute entered into force) he allegedly issued orders to his forces to attack civilian populations which resulted in pillaging, murder, enslavement, cruel treatment, and other inhumane acts.[8] Ongwen is currently a fugitive and is suspected to be in Uganda or a neighboring country.[61]
Vincent Otti was indicted on 8 July 2005 on 11 counts of crimes against humanity and 21 counts of war crimes in regard to the situation in Uganda. He was allegedly a military commander and the second-in-command of the Lord's Resistance Army (LRA), an armed group which has been wagging a guerrilla campaign since 1987 against the Ugandan government. Sometime after 1 July 2002 (the date the Rome Statute entered into force) he allegedly issued orders to attack civilian populations. These attacks allegedly resulted in sexual enslavement, rape, forcible conscription of children into the LRA, enslavement, cruel treatment, murders, pillaging of camps, and other inhumane acts.[10] In December 2007, BBC News reported that on 2 October 2007 Otti had been executed on orders from Joseph Kony, the commander-in-chief of the LRA.[9] Kony later confirmed that Otti was dead to Riek Machar, a mediator between the Ugandan government and the LRA.[62] Because Otti's death has not been independently verified, the Court still considers him to be at large as a fugitive and proceedings against him are ongoing.
William Ruto was indicted on 8 March 2011 on four counts of crimes against humanity with regard to the situation in the Republic of Kenya. He is alleged to be the leader of an ad hoc organization created by members of the Kalenjin ethnic group which was created to perpetrate violence on behalf of the Orange Democratic Movement (ODM), the political party of presidential candidate Raila Odinga, during post-election violence in December 2007 and January 2008.[34] Ruto, as the a top leader in the ad hoc Kalenjin organization, directed Kalenjin youths to target civilians of the Kikuyu, Kamba, and Kisii ethnic groups, which were perceived to be supporters of the Party of National Unity, the political party of Odinga's opponent during the election.[34] Ruto is alleged to be criminally responsible for the murder, deportation, torture, and persecution of civilians in the towns of Kapsabet, Nandi Hills, Turbo, the greater Eldoret area.[34] Ruto first appeared before the Court, voluntarily, on 7 April 2011 and the case against him is currently in the pre-trial stage in conjunction with the cases against Henry Kosgey and Joshua Sang.[54]
Joshua Sang was indicted on 8 March 2011 on four counts of crimes against humanity with regard to the situation in the Republic of Kenya. He is alleged to a top leader of an ad hoc organization created by members of the Kalenjin ethnic group which was created to perpetrate violence on behalf of the Orange Democratic Movement (ODM), the political party of presidential candidate Raila Odinga, during post-election violence in December 2007 and January 2008.[34] As a broadcaster for the Kass FM radio station, Sang incited Kalenjin youths to target civilians of the Kikuyu, Kamba, and Kisii ethnic groups, which were perceived to be supporters of the Party of National Unity, the political party of Odinga's opponent during the election.[34][34] He is alleged to be indirectly responsible for indirectly for the murder, deportation, torture, and persecution of civilians in the towns of Kapsabet, Nandi Hills, Turbo, the greater Eldoret area.[34] Sang first appeared before the Court, voluntarily, on 7 April 2011 and the case against him is currently in the pre-trial stage in conjunction with the cases against William Ruto and Joshua Sang.[54]
Abdullah Senussi was indicted on 27 June 2011 on two counts of crimes against humanity in regard to the situation in the Libyan Arab Jamahiriya. As the head of military intelligence in Libya he is alleged to have planned, in conjunction with Muammar Gaddafi, the head of state, and his inner circle, formulated a plan in response to the 2011 Tunisian and Egyptian revolutions whereby Libyan state security forces under his authority were ordered to use all means necessarily to quell public protests against his regime. The plan was later implemented in the early weeks of the 2011 Libyan civil war.[40] From 15 February 2011 until at least 28 February 2011 forces from government-organized militias, the national police, the Libyan Armed Forces, the Revolutionary Guard Corps, and other security services allegedly murdered hundreds of civilians and committed "inhuman acts that severely deprived the civilian population of its fundamental rights" in the cities of Ajdabiya, Bayda, Benghazi, Derna, Misrata, Tobruk, and Tripoli.[40] Furthermore Senussi commanded forces in and around Benghazi and "directly instructed the troops to attack civilians demonstrating in the city".[40] Senussi was arrested in the Libyan town of Sabha on 20 November 2011.[39] He has not yet been transferred to the Court.
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