The International Criminal Court has

The Court's Pre-Trial Chambers

As of September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as "manifestly outside the jurisdiction of the Court".International Criminal Court, September 2010, Communications, Referrals and Preliminary Examinations. Retrieved 24 December 2010

Overview

Opening investigation

The Prosecutor may open an investigation under three circumstances:International Criminal Court. Office of the Prosecutor. Retrieved 21 July 2007. when a situation is referred to by a state party; when a situation is referred by the United Nations Security Council, acting to address a threat to international peace and security; or when authorised by the Pre-Trial Chamber to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.

Of the nine cases that the Prosecutor had started investigating, five had been referred by states parties, two had been referred by the Security Council, and two had been authorised by the Pre-Trial Chamber to open an investigation, based on information received from other sources.

+ Summary of referrals of situation by the United Nations Security Council Situation Date of referral UNSC Res. Votes For Against AbstainedDarfur, Sudan31 March 20051593 11-0-4 Libya26 February 20111970 15-0-0

Active investigations

Uganda

In December 2003, the government of Uganda, a state party, referred to the Prosecutor the situation concerning the Lord's Resistance Army in Northern Uganda.International Criminal Court, 29 January 2004. President of Uganda refers situation concerning the Lord's Resistance Army (LRA) to the ICC . Retrieved 11 January 2007. The Prosecutor decided to open an investigation into the matter on 29 July 2004, and on 5 July, it was assigned to Pre-Trial Chamber II.

On 8 July 2005, the Court issued its first public arrest warrants for five senior leaders of the LRA alleging:International Criminal Court, 14 October 2005. Warrant of Arrest unsealed against five LRA Commanders . Retrieved 5 December 2006. Leader Joseph Kony committed the crimes against humanity of murder, enslavement, sexual enslavement, rape and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians, pillage, inducing rape and enlisting child soldiers Kony's deputy, Vincent Otti, committed the crimes against humanity of murder, sexual enslavement and serious bodily injury and the war crimes of inducing rape, attacking civilians, enlisting child soldiers, cruel treatment of civilians, pillage and murder Army Commander of the LRA Okot Odiambo committed the crime against humanity of enslavement and war crimes of attacking civilians, pillage and enlisting child soldiers; he reportedly led an attack on Barlonyo refugee camp (Aromo sub-county, Erute north constituency, Lira District) in February 2004 in which more than 300 people were massacred. LRA commander Raska Lukwiya committed the crime against humanity of enslavement and the war crimes of cruel treatment of civilians, attacking civilians and pillage LRA commander Dominic Ongwen committed the crimes against humanity of murder, enslavement and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians and pillage

Initially, none of the indictees was arrested, but Lukwiya was killed in fighting on 12 August 2006,"Ugandan rebels mourn leader" , Business in Africa, 14 August 2006International Criminal Court, 11 July 2007.  . Retrieved 24 January 2008. Otti is said to have been killed in 2007, apparently by Kony.BBC News (23 January 2008). Uganda's LRA confirm Otti death . Retrieved 24 January 2008. The three other suspects are believed to be either in Southern Sudan or the northwestern Ituri Province of the Democratic Republic of the Congo.

The government of Uganda is currently in peace talks with the LRA. The LRA's leaders have repeatedly demanded immunity from ICC prosecution in return for an end to the insurgency.Associated Press, 30 May 2007. Human Rights Watch: Ugandan rebels must face justice, even if not before international court . Retrieved 24 January 2008. The government says it is considering establishing a national tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.Agence France-Presse, 23 January 2008. Uganda's mato oput ritual: forgiveness for brutal 20-year war . Retrieved 24 January 2008.

On 4 February 2021, Dominic Ongwen was found guilty of 61 crimes by Trial Chamber IX of ICC, comprising crimes against humanity and war crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. He was sentenced to 25 years of imprisonment. He has appealed against both conviction and sentence, and that appeal is currently being decided.

Democratic Republic of the Congo

In March 2004, the government of the Democratic Republic of the Congo, referred to the Prosecutor "the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002."International Criminal Court, 19 April 2004. Prosecutor receives referral of the situation in the Democratic Republic of Congo . Retrieved 11 January 2007.International Criminal Court, 23 June 2004. The Office of the Prosecutor of the International Criminal Court opens its first investigation . Retrieved 11 January 2007. On 23 June, the Prosecutor decided to open an investigation into the matter, and on 4 July, the case was allocated to Pre-Trial Chamber I. In February 2008, at the time of the arrest of the third suspect, the Prosecutor announced that the arrest had closed the ICC investigations in Ituri., Coalition for the International Criminal Court, 2008-02-01. Retrieved 21 March 2008

Thomas Lubanga On 17 March 2006, Thomas Lubanga, former leader of the Union of Congolese Patriots militia in Ituri, became the first person to be arrested under a warrant issued by the court and the first suspect to face trial at the ICC. A sealed (secret) warrant had been issued for his arrest on 10 February 2006 for the war crimes of using child soldiers. He was flown to the court the same day in a French military aircraft. The prosecutor has stated that his trial will be only on the allegation of using child soldiers, and other allegations will be followed up in a subsequent prosecution.International prosecutor says Congolese warlord may face additional war crimes charges , First Global Select, 7 August 2006.

Originally, Lubanga's trial was to begin on 23 June 2008,International Criminal Court, 13 March 2008. The trial in the case of Thomas Lubanga Dyilo will commence on 23 June 2008. Retrieved 14 April 2008. but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially exculpatory material had breached Lubanga's right to a fair trial.International Criminal Court, 13 June 2008.  . Retrieved 17 June 2008. The Prosecutor had obtained the evidence from the United Nations and other sources on condition of confidentiality, but judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and so "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial". The Court lifted the suspension on 18 November 2008; Lubanga's trial began on 26 January 2009.International Criminal Court, 18 November 2008. Stay of proceedings in the Lubanga case is lifted – trial provisionally scheduled for 26 January 2009 . Retrieved 7 January 2009.Agence France-Presse, 18 November 2008. ICC's long-delayed first trial to start January . Retrieved 7 January 2009.

On 14 March 2012, the Court, by unanimous verdict of the Trial Chamber, found Lubanga guilty as a co-perpetrator in the use of child soldiers. Lubanga was sentenced to 14 years of imprisonment and was released on 15 March 2020.

Germain Katanga and Mathieu Ngudjolo Chui

Two more participants in the Ituri conflict, Germain Katanga and Mathieu Ngudjolo Chui, were also surrendered to the Court by the Congolese authorities.International Criminal Court, 7 February 2008. Third detainee for the International Criminal Court: Mathieu Ngudjolo Chui. Retrieved 7 February 2008. Both men are charged with six counts of war crimes and three counts of crimes against humanity, relating to an attack on the village of Bogoro on 24 February 2003 in which at least 200 civilians were killed, survivors were imprisoned in a room filled with corpses, and women and girls were sexually enslaved.International Criminal Court, 2 July 2007.  . Retrieved 18 October 2007.International Criminal Court, 6 July 2007.  . Retrieved 7 February 2008. The charges against both men include murder, sexual slavery and using children under 15 years to participate actively in hostilities.International Criminal Court, 18 October 2007. Second arrest: Germain Katanga transferred into the custody of the ICC . Retrieved 18 October 2007.

Katanga, the former leader of the Ngiti-majority Front for Patriotic Resistance of Ituri militia, was transferred to the Court on 17 October 2007; Ngudjolo, former leader of the National Integrationist Front, was transferred to the Court on 6 February 2008. The hearing to confirm the charges against them began on 27 June 2008.International Criminal Court (27 June 2008). ICC Cases an opportunity for communities in Ituri to come together and move forward. Retrieved 17 July 2008. The trial against the two men started on 24 November 2009.

On 7 March 2014, Katanga was found guilty as an accessory of one count of crime against humanity and four counts of war crimes, committed on 24 February 2003, during an attack on the village of Bogoro, in Congo. He was sentenced to 12 years' imprisonment on 23 May 2014.

Mathieu Ngudjolo Chui was acquitted, on 18 December 2012, of the charges of crimes against humanity and war crimes, and was ordered for immediate release. This verdict was upheld by the Appeals Chamber on 27 February 2015.

Callixte Mbarushimana On 20 August 2010, the Prosecutor requested Pre-Trial Chamber I to issue a warrant of arrest against Callixte Mbarushimana. He is alleged to have been the Executive Secretary of the Forces démocratiques de libération du Rwanda – Forces Combattantes Abacunguzi (FDLR-FCA, FDLR). On 28 September 2010, the Pre-Trial Chamber complied with the request and issued a sealed warrant of arrest which was unsealed on 11 October 2010, the day that French authorities arrested Mbarushimana.ICC information page on Mbarushimana . Retrieved 18 March 2011. The suspect was transferred to the ICC on 25 January 2011. His confirmation of charges hearing was held from 16 to 21 September 2011. By a 2–1 majority, Pre-Trial Chamber I ruled on 16 December 2011 that the confirmation was declined. After the Prosecutor's appeal against the decision was rejected, Mbarushimana was released on 23 December 2011."Callixte Mbarushimana is released from the ICC custody" , press release ICC, 23 December 2011

Central African Republic In December 2004, the government of the Central African Republic, a state party, referred to the Prosecutor "the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002, the date of entry into force of the Rome Statute".International Criminal Court, 15 December 2006. Prosecution's Report Pursuant to Pre-Trial Chamber Ill's 30 November 2006 Decision Requesting Information on the Status of the Preliminary Examination of the Situation in the Central African Republic . Retrieved 11 January 2007.