Today, 27 February 2015, the
Appeals Chamber of the International Criminal Court pronounced its judgment
confirming, by a 3-2 majority, the decision of Trial Chamber II acquitting Mathieu
Ngudjolo Chui of charges of crimes against humanity and war crimes. The conduct
of this case by the prosecutor and judges has turned out to be completely
professional. It has proceeded according to the standards
of acknowledged national criminal justice systems around the world. Secondly
this clearly impartial judgment demonstrates the internal independence between
the offices of the court.
The Appeals Chamber grounded its
decision on technical matters of evidence and process which according to the
Chamber did not meet the standard of proof “beyond reasonable doubt”. The judgments
of both the Trial Chamber and Appeals Chamber demonstrate the strong emphasis ICC
judges give to high-quality and extensive evidence at all stages of a case. It
has been clear that the Prosecutor, Fatou Bensouda, will make every effort to
meet this requirement in future cases.
The court has shown that only
relevant and admissible items will be admitted into evidence and that every
item will undergo a very exhaustive examination. Moreover, the failure to prove
the allegation beyond a reasonable doubt does not mean that the Chamber believes
that the attack on the village did not happen. Therefore, the judgment “does not negate the fact that crimes were
committed in Bogoro or the suffering of the victims” (Fatou Bensouda).
Written by Kathrine G. Lodberg
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