Germain Katanga & Mathieu Ngudjolo Chui
at the International Criminal Court
Two former Congolese militia leaders faced a joint trial at the International Criminal Court for war crimes and crimes against humanity committed during a 2003 attack on the village of Bogoro in eastern Democratic Republic of Congo. While Mathieu Ngudjolo was acquitted, the court convicted Germain Katanga of one crime against humanity and four war crimes. As of July 2020, we are no longer providing updates relating to this case but all content on this page will be available for future reference.
Katanga’s Release ‘Aimed to Promote Reconciliation in Ituri’
Judges Decline to Stop Katanga’s Trial in Congo
Defense Lawyer Asks ICC Judges to Stop Katanga’s Trial in DRC
Why Judges Declined to Offer Reparations to Victims of Transgenerational Harm
Most Victims in Katanga Case Opt for Housing or Income Generation Support as Reparations
Katanga Loses Appeal Against US$1 Million Reparations Order
Defense Lawyers Ask ICC Appeals Judges to Reduce Katanga’s Financial Liability in Reparations
Trust Fund Unveils Reparations Plan for Katanga Victims
Reactions from the Local Population to Collective Reparations in the Katanga Case
Names: Germain Katanga and Mathieu Ngudjolo Chui
Arrested: Germain Katanga had been arrested on March 2005 and detained by the Congolese authorities in relation to another incident. He was still being held without charge when his International Criminal Court (ICC) arrest warrant was issued and was thus surrendered to the court directly. Mathieu Ngudjolo Chui was arrested on February 6, 2008.
Handed over to the International Criminal Court: October 17, 2007 (Katanga) and February 7, 2008 (Ngudjolo).
Charges: Seven counts of war crimes (using children under the age of fifteen to take active part in hostilities, directing an attack against civilians, wilful killing, destruction of property, pillaging, sexual slavery, and rape) and three counts of crimes against humanity (murder, rape, and sexual slavery) allegedly committed in Bogoro, a village in the Ituri Province of eastern DRC, from January to March 2003.
Trial start date: November 24, 2009
Trial end date: May 23, 2012
Ngudjolo judgment: December 18, 2012; acquitted of all charges.
Katanga judgment: March 7, 2014; convicted of one crime against humanity and four war crimes.
Katanga sentencing: May 23,2014; sentenced to 12 years in prison.
The trial against Congolese warlords Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri (FRPI) militia, and Mathieu Ngudjolo Chui, alleged former leader of the Front des nationalistes et intégrationnistes (FNI) militia, began on November 24, 2009. It was decided the two accused should be tried together as they faced the same charges of war crimes and crimes against humanity in connection with the same attack on the village of Bogoro, Ituri Province, DRC. The trial of Katanga and Ngudjolo was the second trial ever to be held at the ICC. The first trial also concerned crimes committed during the Ituri conflict in eastern DRC.
The following overview offers a look at how the case came about.
How did the ICC become involved in the DRC?
The Democratic Republic of the Congo became a state party to the founding treaty of the International Criminal Court, the Rome Statute, when it signed the treaty on September 8, 2000, and ratified it on April 11, 2002. This gave the ICC jurisdiction over war crimes, crimes of humanity, and genocide committed on Congolese territory or by Congolese citizens after July 1, 2002 – the date that the Rome Statute entered into force. However, the ICC only has jurisdiction in cases where the government proves unwilling or unable to investigate and prosecute those crimes. Thus the ICC investigation into crimes committed in the DRC began only after the Congolese government formally referred the situation in the country to the ICC on April 19, 2004. The ICC prosecutor chose to focus his investigation on the situation in Ituri due to the gravity of the crimes committed during the Ituri conflict.
How did the ICC prosecutor investigate and arrest Katanga and Ngudjolo?
The ICC prosecutor’s investigation into the situation in the Ituri Province of eastern DRC officially began in June 2004. The investigation uncovered sufficient evidence to suggest that during the Ituri conflict, the FPRI and the FNI militias jointly carried out military operations targeting civilians of Hema ethnicity, and during an attack on the village of Bogoro in February 2003, FPRI and FNI members committed criminal acts that included the murder of civilians, pillage, and the sexual enslavement of women and girls, among other crimes. The FNI and FPRI also allegedly used children under the age of fifteen to participate actively in this attack. Such acts amount to war crimes and crimes against humanity.
An arrest warrant for the alleged FPRI commander Germain Katanga was first issued on July 2, 2007. Katanga had since been made a Brigadier-General of the national Armed Forces of the Democratic Republic of the Congo (the FARDC) in early 2004, but in March 2005, he was arrested in relation to another alleged crime. As Katanga was already in the custody of the Congolese authorities at the time his ICC arrest warrant was issued, he was surrendered to the ICC and transferred to The Hague directly on October 17, 2007; his arrest warrant was unsealed the next day.
An arrest warrant for the alleged former FNI leader Mathieu Ngudjolo Chui was issued on July 6, 2007. By then Ngudjolo and his FNI militia had been integrated into the national FARDC, and Ngudjolo was receiving military training in Kinshasa as an FARDC colonel at the time of his arrest on February 6, 2008. The arrest warrant, unsealed the following day, listed the same counts of war crimes and crimes against humanity as those in the warrant for Katanga. He was surrendered by the Congolese authorities and transferred to The Hague on February 7, 2008.
How and when did Katanga and Ngudjolo arrive at the ICC?
Germain Katanga was transferred to The Hague on October 17, 2007, and he first appeared before Pre-Trial Chamber I on October 22, 2007. Mathieu Ngudjolo Chui was transferred on February 7, 2008 and appeared before Pre-Trial Chamber I on February 11, 2008.
Why were their trials joined?
On March 10, 2008, the chamber issued a decision joining the cases against Germain Katanga and Mathieu Ngudjolo Chui, largely on the basis of their alleged shared responsibility for crimes committed during a joint attack on the village of Bogoro. All the evidence for these crimes related to both suspects. This joinder was deemed in the interests of the victims and witnesses, conducting the proceedings in a fair and efficient manner, and the protection of the rights of the defendants, including the right to be tried without undue delay. It would also ensure the judicial economy of the proceedings. The chamber stated that joining the cases would not be prejudicial to the defendants, nor contrary to the interests of justice. It allowed that the cases could be separated at a later stage if necessary.
A confirmation of charges hearing was held for both defendants from June 27 to July 18, 2008. It had been postponed twice to allow all parties more time to prepare for the hearing. During this hearing, the judges heard arguments from the prosecution, defense and the legal representatives of 57 victims. The chamber then issued its decision on the confirmation of charges on September 26, 2008. It approved seven counts of war crimes (using children under the age of fifteen to take active part in hostilities, directing an attack against civilians, willful killing, destruction of property, pillaging, sexual slavery, and rape) and three counts of crimes against humanity (murder, rape, and sexual slavery). However, it declined three charges on the grounds of insufficient evidence: the charges of inhuman treatment and outrages upon personal dignity (war crimes), and inhumane acts (a crime against humanity). The chamber then committed the defendants for a trial, which began after one postponement on November 24, 2009.
Why were their cases severed before judgment?
On November 21, 2012, the majority of Trial Chamber II, Judge Christine Van Den Wyngaert dissenting, informed the parties that it was considering a re-characterization of the facts of the case concerning the mode of liability applicable to Germain Katanga. The majority recognized that these changes would prolong the trial of Katanga and decided that it was unnecessary to delay the judgment in the case of Ngudjolo. Therefore, in order to avoid potential violations of Ngudjolo’s right to a trial without undue delay, the majority severed the charges.
The Ngudjolo judgment
On December 18, 2012, Trial Chamber II acquitted Mathieu Ngudjolo of all charges. The judges found there was insufficient evidence to conclude beyond a reasonable doubt that Ngdudjolo was the commander of the FNI at the time of the attack on Bogoro. Ngudjolo was accused of having committed crimes through “indirect co-perpetration” by using the FNI to carry out the crimes. However, judges found that there was a lack of credible evidence provided by the prosecution to support the accusation, and testimony from key prosecution witnesses lacked sufficient credibility to prove Ngudjolo was the commander of the combatants. In addition, Ngudjolo was charged directly with using child soldiers to participate in hostilities, but judges found insufficient evidence to link him to these crimes.
On February 27, 2015, the verdict was upheld by the Appeals Chamber.
The Katanga judgment
On March 7, 2014, Trial Chamber II, by a majority, convicted Germain Katanga as an accessory to one crime against humanity (murder) and four war crimes (murder, attacking a civilian population, destruction of property, and pillaging). The chamber changed the characterization of the mode of liability against Katanga, who had initially been charged as a principle perpetrator. He was acquitted of charges of using child soldiers, rape, and sexual slavery.
The majority concluded that Katanga had made a significant contribution to the crimes committed by the Ngiti militia by collecting and distributing arms and ammunition to local combatants. These arms were then used in the attack on Bogoro. The majority found that Katanga knew the combatants intended to commit crimes during the attack and drew attention to the importance of the firearms in the attack. Katanga furnished weapons to local combatants in large quantities, which allowed the combatants to successfully take Bogoro in a matter of hours.
The majority found that while Ngiti combatants committed the crimes of using child soldiers in the hostilities, rape, and sexual slavery, there was insufficient evidence to find Katanga guilty of these crimes beyond a reasonable doubt.
What reparations were issued?
On March 24, 2017, Trial Chamber II issued an order awarding individual and collective reparations to the victims of crimes committed by Katanga. The judges awarded 297 victims symbolic compensation of US$250 per victim as well as collective reparations in the form of support for housing, support for income‑generating activities, education aid, and psychological support. The chamber considered Katanga’s indigence and invited the Trust Fund for Victims to consider using its resources for the reparations and to present an implementation plan by June 27, 2017. The Trust Fund for Victims submitted it’s draft implementation plan to the trial chamber on July 25, 2017.
Katanga appealed to reduce the amount of his financial liability. On March 8, 2018, the Appeals Chamber rejected Katanga’s appeal and upheld the reparations award from the trial chamber. However, the Appeals Chamber also asked the trial chamber to assess anew claims of five applicants who seeking reparations for transgenerational harm suffered on account of their parents’ experience during the attack Katanga was convicted of.
Who is paying for the defense of Katanga and Ngudjolo?
The ICC bears the cost of the defense of Germain Katanga and Mathieu Ngudjolo Chui, in accordance with its legal assistance scheme. The defendants were provisionally judged to be indigent by the Registrar of the court, pending verification of the information contained in their respective applications.
What is the background to the conflict in the DRC?
The conflict in the Ituri region of northeastern DRC, along the border with Uganda, involved the Hema and Lendu ethnic groups. Tension and fighting between the groups has occurred for many years because of competition for land. However in 1996, this long-standing competition became embroiled within a larger, complicated set of conflicts that escalated the violence.
Following the 1994 genocide in neighboring Rwanda, Rwandan Hutu fighters who had participated in the 1994 slaughter of Tutsis fled to eastern Zaire (now the DRC), and some of these fighters went to refugee camps. From eastern Zaire, these Hutu fighters launched attacks on Rwanda with support from Zaire’s president, Mobutu Sese Seko.
In 1996, troops from Rwanda and Uganda entered eastern Zaire to support an insurgency led by Laurent-Désiré Kabila. These troops swept across the vast country, killing not only Hutu fighters, but also 200,000 to 300,000 Hutu civilians as they went. In May 1997, the Rwandan and Ugandan forces and Kabila’s rebels defeated Mobutu’s forces and allied Angolan rebels. This put an end to Mobutu’s 32 year dictatorship. Laurent Kabila made himself president and changed the country’s name from Zaire to the Democratic Republic of the Congo.
Wanting to prove his independence, Kabila turned against the Rwandans who had helped him get to power in 1998. Rwanda immediately tried to remove Kabila, but Angola’s military beat back Rwandan troops in the capital, Kinshasa. Zimbabwe and Namibia joined the side of Kabila, while Rwanda was joined by Uganda and Burundi in opposing Kabila. Congolese Tutsis, called Banyamulenge, allied with Rwanda and its troops. Uganda backed different militias. Anti-Tutsi Congolese militias called Mayi-Mayi received the support of Kabila.
The conflict, which was most intense in the east of the DRC, became known as Africa’s First World War. In addition to ethnic divisions, the conflict was complicated by the DRC’s rich natural resources. The combatant forces sought to control land and exploit mineral wealth and timber. Conflict over the diamond center of Kisangani caused allied troops from Rwanda and Uganda to fight against each other. During the conflict, many fighting factions divided and formed complicated rivalries. Without any accountability, many atrocities were committed against civilians on all sides, including many killings and horrific levels of sexual violence. By 2004, around four million people had died as a result of the conflict, through disease, starvation, and directly through killings.
In 2000, the United Nations began a peacekeeping mission in the DRC. However, fighting continued. Laurent Kabila was assassinated in 2001, and his son Joseph Kabila became president. Peace negotiations advanced, and in April 2003, all neighboring countries agreed to withdraw their forces from the DRC. Congolese rebel representatives from many factions joined a government led by Joseph Kabila. With more international peacekeepers in the DRC, parliamentary and presidential elections were held in 2006. Joseph Kabila defeated Jean-Pierre Bemba in the final round of presidential voting and was officially elected president. Bemba’s supporters clashed with government troops in Kinshasa before peacekeepers could end the violence.
Throughout the course of this extended conflict, pre-existing tensions between Lendu and Hema peoples became much more deadly. As the Lendu began to identify with the Hutu, and the Hema with the Tutsi, the wider war became linked to, and helped fuel, the Lendu-Hema regional conflict in the east.
Early in the DRC war, Uganda had backed a Congolese militia that contained both Hema and Lendu. However, this militia split along ethnic lines and Lendu began to see Uganda as supporters of Hema. Six different militias ended up fighting over Ituri province, and Uganda remained deeply involved. Ituri is rich in minerals, especially gold, and the militias, along with the Ugandan army, fought to control the mining. The conflict made commanders rich and gave them a reason to keep fighting. They rallied their forces and people with ethnic hatred in order to continue the profitable war. There were horrific massacres of civilians in 2002.
French peacekeepers intervened in 2003 and UN peacekeepers increased their numbers in Ituri beginning in 2004. The UN mission arrested several militia leaders in March 2005, including Hema UPC militia leader Thomas Lubanga, who was transferred to the ICC in March 2006. The ICC has since issued an arrest warrant for one other Hema commander, Bosco Ntaganda, who remains at large. It then brought charges against two Lendu militia commanders, Germain Katanga and Mathieu Ngudjolo Chui. Most recently, the Rwandan Hutu FDLR militia leader Callixte Mbarushimana was arrested in France and extradited to the Court in January 2011.
The Ituri conflict is believed to have caused at least 50,000 deaths and displaced hundreds of thousands of civilians. A low level of violence in Ituri persists to this day, partly due to the operations of foreign armed groups in the province. Tensions also remain between the Hema and the Lendu, despite a range of efforts to promote peace and reconciliation between the groups.
Germain Katanga: Alleged commander of the Force de résistance patriotique en Ituri (FPRI).
Mathieu Ngudjolo Chui: Alleged former leader of the Front des nationalistes et intégrationnistes (FNI).
Judges of Trial Chamber II
- Marc Perrin de Brichambaut, Presiding
- Olga Herrera Carbuccia
- Péter Kovács
- Fatou Bensouda, Prosecutor
- Eric MacDonald, Senior Trial Lawyer
The Defense for Germain Katanga
- David Hooper
- Caroline Buisman
The Defense for Mathieu Ngudjolo Chui
- Jean-Pierre Kilenda Kakengi Basila
- Jean-Pierre Fofé Djofia Malewa
Legal Representatives of the Victims
- Fidel Nsita Luvengika
- Jean-Louis Gilissen
- Herman von Hebel, Registrar
Key Groups and Organizations Referred to in the Trial
- The Hema: an ethnic group, mainly pastoralists. The Gegere is a sub-group of the Hema. The Rwandan-backed UPC claimed to represent interests of the Hema.
- The Lendu: an ethnic group, mainly agriculturalists. The Ngiti is a sub-group of the Lendu. The FPRI militia was largely comprised of Ngiti members who were close to the Lendu-led FNI militia; both groups claimed to represent the interests of the Lendu, with Ugandan backing.
Ituri-Based Armed Groups
- FAPC: the People’s Armed Forces of Congo, an armed group comprising a mix of ethnic groups.
- FPDC: the Popular Force for Democracy in Congo, an armed group comprised of ethnic Alur and Lugbara.
- FNI: The Nationalist and Integrationist Front/Front des nationalistes et intégrationnistes, an ethnic Lendu armed group closely linked to the FPRI that reportedly received support from Uganda in its operations against the Rwandan-backed, ethnic Hema UPC. Its alleged leader Mathieu Ngudjolo Chui is currently standing trial at the ICC.
- FIPI: Front for Integration and Peace in Ituri, a platform of three ethnic-based groups, including the PUSIC, the FNI and the FDPC. These shared a common enemy – the UPC.
- FPLC: the Patriotic Forces for the Liberation of the Congo, the armed wing of the UPC.
- FPJC: the Popular Front for Justice in Congo, a splinter group of the FPRI.
- FPRI: the Ituri Patriotic Resistance Force/Force de résistance patriotique en Ituri, an armed group closely linked to the FNI and comprised of ethnic Ngiti, a sub-group of the Lendu. It also received support from Uganda in its operations against the Rwandan-backed, ethnic Hema UPC. Its alleged commander Germain Katanga is currently standing trial at the ICC.
- MLC: the Movement for the Liberation of Congo, a Ugandan-backed armed group whose leader Jean-Pierre Bemba is on trial at the ICC for crimes his group allegedly committed in the Central African Republic.
- MRC: the Congolese Revolutionary Movement, an ethnic Lendu militia, led by Mathieu Ngudjolo Chui for a period before his integration into the FARDC.
- PUSIC: Party for Unity and Safeguarding the Integrity of Congo, a Hema breakaway group from the UPC.
- RCD: Congolese Rally for Democracy-Goma, an armed group formed with the backing of the Rwandan and Ugandan governments in order to depose Laurent Désiré-Kabila. The RCD gave way to various breakaway groups, including the RCD-Kisangani, the RCD-Movement for Liberation and the RCD-National.
- UPC: Union of Congolese Patriots/Union des Patriotes Congolais, a predominantly Hema/Gegere armed group led by Thomas Lubanga (currently on trial at the ICC).
- FARDC: the national Armed Forces of the Democratic Republic of Congo.
- Joseph Kabila: Current president of the Democratic Republic of the Congo and the son of Laurent Kabila.
- Laurent Kabila: Former President of the Democratic Republic of the Congo, assassinated in 2001. Father of Joseph Kabila.
- UPDF: Ugandan People’s Defense Force, which aggravated the conflict in eastern DRC by backing a variety of armed groups in accordance with its strategic interests.
- MONUC: the United Nations Mission in the Democratic Republic of Congo, present in the region since 2000.
Geographical Terms Referred to in the Trial
- Kinshasa: The capital of the Democratic Republic of Congo (DRC), located on its western border.
- Ituri: A district in the Orientale Province in north-eastern DRC that was made an independent Province in 1999. It is bordered by Uganda to the east and Sudan to the north. Ituri is composed of five territories sub-divided into collectivités, which are in turn divided into groupements and villages.
- Irumu territory: Part of Djugu territory in Ituri, DRC. It is composed of 12 collectivités, including one ethnic Ngiti collectvité (Walendu Bindi),and four ethnic Hema collectivités (Bahema Sud, Bahema Boga, Bahema Mitego and Bahema d’Irumu).
- Bahema Sud collectivité: One of the 12 sub-divisions of Irumu territory, Ituri. It is inhabited by ethnic Hema.
- Groupement of Babiase: An area in Bahema Sud, Irumu territory, Ituri, consisting of four localities – Dodoy, Bagaya, Nyakeru, and Talieba, with the village of Bogoro as its administrative center.
- Bogoro: A village and administrative centre of the groupement of Babiase, in Bahema Sud collectivité, Irumu territory in Ituri. It is the site of the war crimes and crimes against humanity allegedly committed by the FPRI and FNI militias from January to March 2003, for which the alleged commanders of these groups (Germain Katanga and Mathieu Ngudjolo Chui, respectively) are now on trial at the ICC.
September 8, 2000
The Democratic Republic of Congo (DRC) signs the Rome Statute of the International Criminal Court (ICC).
April 11, 2002
The DRC ratifies the Rome Statute of the ICC.
April 19, 2004
The Congolese government refers the situation in the DRC to the ICC.
June 23, 2004
The decision of the ICC Prosecutor to launch an investigation into crimes committed in Ituri, DRC, is announced.
March 10, 2005
Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri (FRPI) militia and Brigadier-General of the national Armed Forces of the Democratic Republic of Congo (FARDC), is arrested in connection with the killing of nine UN peacekeepers. He is detained without charge by the Congolese authorities.
July 2, 2007
An ICC arrest warrant is issued for Katanga.
July 6, 2007
An ICC arrest warrant is issued for Mathieu Ngudjolo Chui, alleged former leader of the Front des nationalistes et intégrationnistes (FNI) militia.
October 17, 2007
Katanga is surrendered by the Congolese authorities and transferred to the ICC in The Hague.
October 18, 2007
The warrant of arrest is unsealed for Katanga, revealing counts of war crimes and crimes against humanity allegedly committed in the village of Bogoro in the Ituri Province of eastern DRC from January to March 2003, including murder or wilful killing, inhumane acts, sexual slavery, rape, cruel or inhuman treatment, using children to participate actively in hostilities, outrages upon personal dignity, intentional attack against the civilian population, pillaging and destruction of property.
October 22, 2007
Katanga appears before ICC Pre-Trial Chamber I for the first time.
February 6, 2008
Mathieu Ngudjolo Chui is arrested.
February 7, 2008
The arrest warrant listing the same war crimes and crimes against humanity as those in the arrest warrant for Katanga is unsealed for Ngudjolo. He is surrendered by the Congolese authorities and transferred to the ICC in The Hague.
February 11, 2008
Ngudjolo appears before ICC Pre-Trial Chamber I for the first time.
March 10, 2008
A decision is made to join the Katanga and the Ngudjolo cases, as the two defendants are on trial for the same crimes. The Chamber states that joining the cases will not prejudice the subjects, nor will it be contrary to the interests of justice, and affirms that the cases may be severed at a later date if necessary.
June 27, 2008 – July 16, 2008
Pre-Trial Chamber I holds a confirmation of charges hearing in the case against Katanga and Ngudjolo. The hearing had twice been postponed by the Chamber to provide the parties involved more preparation time.
September 26, 2008
Pre-Trial Chamber I confirms all but three of the charges against Katanga and Ngudjolo. The Chamber confirmed seven counts of war crimes and three counts of crimes against humanity. The judges declined three charges on the grounds of insufficient evidence: the charges of inhuman treatment and outrages upon personal dignity (war crimes), and inhumane acts (a crime against humanity).
The Chamber confirmed the war crimes of using children under the age of fifteen to take active part in hostilities, directing an attack against civilians, wilful killing, destruction of property, pillaging, sexual slavery, and rape. The three counts of crimes against humanity include murder, rape, and sexual slavery allegedly committed in Bogoro, a village in the Ituri Province of eastern DRC, from January to March 2003.
March 27, 2009
In a decision issued on March 27, 2009 the Trial Chamber II of the ICC set the commencement of the trial in the case of against Katanga and Ngudjolo for September 24, 2009.
August 31, 2009
Trial Chamber II decides to postpone the commencement of the trial to November 24, 2009.
November 24, 2009
The ICC trial against Katanga and Ngudjolo commences.
December 2, 2009
Trial Chamber II postpones hearings in the case against Katanga and Ngudjolo due to illness that prevents one of the judges from attending.
January 26, 2010
The trial resumes with the Prosecution case.
December 8, 2010
The Prosecution closes its case.
February 21, 2011
The trial resumes after the winter recess. The testimony of victims begins.
March 24, 2011
The opening of the defense case for Germain Katanga.
April 6, 2011
The first joint witness, Floribert Njabu, begins his testimony in defense of Katanga and Ngudjolo.
September 27, 2011
Katanga begins testifying. It is the first time in the history of the ICC, the accused has taken the witness stand in his own defense.
October 20, 2011
Katanga completes testimony in his own defense, completing his defense.
October 27, 2011
Mathieu Ngudjolo begins testifying in his own defense.
November 11, 2011
Mathieu Ngudjolo, the final defense witness, completes his testimony, ending the defense case.
January 16-20, 2012
The Judges of Trial Chamber II visit Bogoro and surrounding villages in Ituri, DRC. The site visit allows them to see the scene where the alleged crimes Katanga and Ngudjolo are charged with took place.
May 15, 2012
Prosecution closing arguments begin.
May 23, 2012
Defense closing arguments begin.
November 21, 2012
In a majority decision, Trial Chamber II informs the parties that it is considering a re-characterization of the facts of the case concerning the mode of liability applicable to Katanga. Recognizing this would prolong Katanga’s trial, the judges severed the charges in order to not cause undue delay in the judgment of Ngudjolo.
December 18, 2012
Trial Chamber II acquits Ngudjolo of all charges. The judges conclude that the prosecution had failed to prove beyond a reasonable doubt that Ngudjolo was responsible for the crimes committed during the attack on Bogoro.
December 21, 2012
The ICC releases Ngudjolo from custody. He remains in the Netherlands pending the removal of a United Nations travel ban against him.
March 15, 2013
Trial Chamber II provides additional information on potential changes in the charges against Katanga.
November 19, 2013
Trial Chamber II decides to move forward with the case and sets a judgment date for February 7, 2014. That date is later postponed until March 7, 2014.
March 7, 2014
Trial Chamber II at the ICC convicts Germain Katanga as an accessory to one crime against humanity (murder) and four war crimes (murder, attacking a civilian population, destruction of property, and pillaging). The chamber changed the characterization of the mode of liability against Katanga, who had initially been charged as a principle perpetrator.
May 23, 2014
Trial Chamber II at the ICC sentences Katanga to 12 years in prison. This is to be reduced by the time he has spent in the ICC detention center before and during his trial (since October 2007), which is approximately seven years.
June 25, 2014
Germain Katanga drops his appeal against the judgment and sentence rendered against him for one crime against humanity and four war crimes. This makes the trial chamber decision final.
October 21, 2014
The Appeals Chamber hears oral arguments in the prosecution’s appeal to Mathieu Ngudjolo Chui’s acquittal. The prosecution appealed the trial chamber judgment on three grounds following the chamber’s December 2012 acquittal of Ngudjolo.
February 27, 2015
The Appeals Chamber upholds the acquittal of Ngudjolo, finding the prosecution’s arguments unpersuasive. He is the first person to be acquitted by the ICC.
March 24, 2017
Trial Chamber II awards 297 victims from the Katanga trial with a symbolic compensation of US$250 per victim as well as collective reparations in the form of support for housing, support for income‑generating activities, education aid, and psychological support.
March 8, 2018
The ICC Appeals Chamber rejects an appeal from Katanga on the amount of reparations awarded by the trial chamber. The Appeals Chamber confirms the original reparations award, but also asks the trial chamber to assess anew claims of five applicants who seeking reparations for transgenerational harm suffered on account of their parents’ experience during the attack Katanga was convicted of.