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Home Justice International Justice Katanga and Ngudjolo Chronicles

Katanga and Ngudjolo Trial

Backgrounder to the Lubanga and Katanga & Ngudjolo cases

Backgrounder to the Lubanga and Katanga & Ngudjolo cases

Read the backgrounder

This is an introduction to the International Criminal Court and the cases against Thomas Lubanga and Germain Katanga & Mathiew Ngudjolo Chui; it includes the key players and key issues for each case.

Katanga-Ngudjolo #14 Prosecution Witness 161 gives a surprising account

Katanga-Ngudjolo #14 Prosecution Witness 161 gives a surprising account

Tuesday 2 March, 2010- Prosecution Witness 161 gives a surprising account

The fifth Prosecution witness surprises everyone with his account. During the course of his testimony, he claims that Germain Katanga and Mathieu Ngudjolo were present at the crime scene. This is an allegation that has not appeared in any of his previous statements. The legal debate starts.

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Katanga-Ngudjolo Chronicle #13 Witness 268: “People were screaming, crying. They were being cut up with machetes”

Katanga-Ngudjolo Chronicle #13 Witness 268: “People were screaming, crying. They were being cut up with machetes”

Thursday, 25 February 2010- Witness 268: "People were screaming, crying. They were being cut up with machetes."

The Prosecution calls a new witness, a resident of Bogoro who was present during the attack against the village in February 2003, an assault allegedly carried out by the forces of Germain Katanga and Mathieu Ngudjolo. "What happened on that day? We are listening to you." Prosecutor Gilles Dutertre begins the examination of Witness 268.

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Katanga-Ngudjolo Chronicle #12: Witness 250 concludes his testimony after four weeks

Katanga-Ngudjolo Chronicle #12: Witness 250 concludes his testimony after four weeks

Tuesday, 23 February 2010- Witness 250 concludes his testimony after four weeks

In his fourth week giving evidence, Witness 250 has been questioned by the defence teams of Germain Katanga and Mathieu Ngudjolo. For three days, Mr. David Hooper, Lead Counsel for Germain Katanga, sought clarification on certain divergences between Witness 250´s testimony and his previous statements to the Office of the Prosecutor in 2006.  The lawyer explored those areas in which the witness´s words seemed to be contradictory: the military missions in which the witness participated, the names and ranks of the commanders involved, how munitions were acquired and distributed amongst the fighters, and the specific dates when the operations took place.

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Katanga-Ngudjolo Chronicle #11- An hostile witness for the Prosecution

Katanga-Ngudjolo Chronicle #11-  An hostile witness for the Prosecution

Friday, 12 February 2009- A hostile witness for the Prosecution

What if a witness is called to testify in Court and offers damaging testimony to the calling party? Certain inconsistencies in accounts can be attributed to fading memories. But what if the witness's testimony clearly poses problems for the Prosecution's case? This is what has happened with Witness 250, a former FNI soldier.  He is now considered a "hostile witness" by the Prosecution because of the discrepancies between his testimony and previous statements.

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Katanga-Ngudjolo Chronicle #10 The attack against Bogoro was conceived in Abeva

Katanga-Ngudjolo Chronicle #10 The attack against Bogoro was conceived in Abeva

Thursday, 04 February 2010- The attack against Bogoro was conceived in Abeva

The third prosecution witness continues his testimony. The former soldier of the Front des Nationalistes et Intégrationnistes (FNI) has already told the court that the Lendu militia was a hierarchical group commanded by Mathieu Ngudgolo. According to him, the FNI was organised into camps within the Ezekere groupement - Zumbe camp served as Ngudjolo's command centre.

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Kantanga-Ngudjolo Chronicle #9 Witness 250: “Mathieu Ngudjolo was our leader”

Kantanga-Ngudjolo Chronicle #9 Witness 250: “Mathieu Ngudjolo was our leader”

Friday, 29 January 2010- Witness 250: "Mathieu Ngudjolo was our leader"

The Prosecution has called its third witness, a former soldier who fought at Bogoro within the ranks of the Front des Nationalistes et Intégrationnistes (FNI), the Lendu armed group allegedly led by Mathieu Ngudjolo. Today, he is in the same room as the man he says was his leader.  This is clearly very disturbing for him.

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Mathieu Ngudjolo

Mathieu Ngudjolo

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Mathieu Ngudjolo Chui was born on 8 October 1970 in the Likoni locality of the groupement of Ezekere, Ituri district, in the north-east of the Democratic Republic of the Congo.  He is of Lendu ethnicity, from the Njotsi clan.  Ngudjolo is married and has six children. Before engaging in military activities he studied medicine and worked as a nurse.

According to the Prosecution, after the UPC's takeover of Bunia in August 2002, he became involved with Lendu combatants south of Bunia who were known as the Front des Nationalistes et Intégrationnistes (FNI).

In or around August 2006, the media reported that Mathieu Ngudjolo Chui had signed a peace agreement with the Government of the DRC.  Ngudjolo declared that he and his fighters had been granted amnesty; were being integrated into the Congolese army, the Forces Armées de la République Démocratique du Congo (FARDC); and would be deployed in Ituri district.

In October 2006, he was awarded the rank of colonel in the FARDC. Prior to his transfer to the Court, Mathieu Ngudjolo Chui had been sent to Kinshasa for military training as part of the integration process of President Kabila's DRC government.

Mathieu Ngudjolo Chui was arrested by the Congolese authorities and surrendered to the ICC on 6 February 2008. He was still a member of the FARDC at the time.

The Prosecution submits that Germain Katanga, alleged commander of the Force de Résistance Patriotique en Ituri (FRPI), and Mathieu Ngudjolo Chui, alleged former leader of the Front des Nationalistes et Intégrationnistes (FNI), are criminally responsible for the crimes committed during the assault on Bogoro village on 24 February 2003.  It is argued that this attack was part of a widespread and systematic attack carried out jointly by the FNI and the FRPI against the Hema population in Ituri. Both alledged leaders are accused of three crimes against humanity (murder, sexual slavery and rape) and seven war crimes (using children under the age of 15 to take an active part in hostilities; deliberately directing an attack on a civilian population as such; willful killing; destruction of property; pillaging; sexual slavery and rape).

This is the second trial in the context of the situation in the Democratic Republic of Congo - referred to the ICC by the Congolese Government on 3 March, 2004.

Source: ICC decision on the confirmation of charges. Situation in the Democratic Republic of Congo in the case of the Prosecutor v. German Katanga and Mathieu Ngudjolo Chui


Germain Katanga

Germain Katanga

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Germain Katanga was born on 28 April 1978 in Mambasa, in the district of Ituri in the Democratic Republic of Congo. He is partially of Ngiti, also called "Lendu South" ethnicity.  Katanga is married and has two children.

According to the evidence presented by the Prosecution, by the end of 2002, Germain Katanga was a military leader of a predominantly Ngiti combatant group, the Force de Résistance Patriotique en Ituri (FRPI), based in the Walendu Bindi collectivité in the Ituri district.

In early December 2004, the President of the DRC Joseph Kabila, appointed Germain Katanga Brigadier-Général in the Forces Armées de la République Démocratique du Congo (FARDC). He held this post at the time of his arrest by the Congolese authorities in March 2005. Germain Katanga was transferred to The Hague in October 2007.

The Prosecution submits that Germain Katanga, alleged commander of the Force de Résistance Patriotique en Ituri (FRPI), and Mathieu Ngudjolo Chui, alleged former leader of the Front des Nationalistes et Intégrationnistes (FNI) are criminally responsible for the crimes committed during the assault on Bogoro village on 24 February 2003. It is argued that this attack was part of a widespread and systematic attack carried out jointly by the FNI, and the FRPI against the Hema population in Ituri. Both alledged leaders are accused of three crimes against humanity (murder, sexual slavery and rape) and seven war crimes (using children under the age of 15 to take an active part in hostilities; deliberately directing an attack on a civilian population as such; willful killing; destruction of property; pillaging; sexual slavery and rape).

This is the second trial in the context of the situation in the Democratic Republic of Congo - referred to the ICC by the Congolese Government on 3 March, 2004.

Source: ICC decision on the confirmation of charges. Situation in the Democratic Republic of Congo in the case of the Prosecutor v. German Katanga and Mathieu Ngudjolo Chui



Katanga and Ngudjolo Chronicle # 8: Second Trial of Congolese militia leaders resumes before the ICC

Katanga and Ngudjolo Chronicle # 8: Second Trial of Congolese militia leaders resumes before the ICC

Tuesday, 26 January 2010 - Second Trial of alleged Congolese militia leaders resumes before the ICC

The trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui resumes this morning with the testimony of an expert witness called by the Prosecution. Zoran Lesic (Witness 419) is a photographer who will show his photographs of Bogoro village, the place where the alleged crimes were committed.

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Katanga and Ngudjolo Chronicle # 7: Judge Presiding Bruno Cotte: 'I do apologise for the disorganisation of the hearing'

Katanga and Ngudjolo Chronicle # 7: Judge Presiding Bruno Cotte: 'I do apologise for the disorganisation of the hearing'

Wednesday 2 December 2009: Presiding Judge Bruno Cotte: "I do apologise for the disorganisation of the hearing"

Today, Witness 419 was expected to appear in Court. However, the witness box is empty and Judge Bruno Cotte sits on the bench alone. He communicates to the trial participants that Judge Christine van den Wyngaert was involved in a traffic accident last night and is unable to attend the hearing today and may not be able to for the following few days.

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Katanga and Ngudjolo Chronicle # 6: Witness 233 'What I wrote about were large scale attacks perpetrated in Bogoro'

Katanga and Ngudjolo Chronicle # 6: Witness 233 'What I wrote about were large scale attacks perpetrated in Bogoro'

Thursday, 1 December 2009 - Witness 233: "What I wrote about were large scale attacks perpetrated in Bogoro"

"Good morning, Mr. Witness," greets Defence Counsel David Hooper. "Yesterday we were talking about these previous attacks that took place in Bogoro in 2001 and 2002." Witness 233 resumes his testimony.

The witness previously told the Court that the Ugandan soldiers left Bogoro in August 2002. In the same period, the Governor of Ituri, Mulundo Lopondo, was chased out of Bunia by Thomas Lubanga's UPC, the same militia group that had taken over the military camp in the Bogoro Institute. At the moment of the attack on the village of Bogoro on 24 February 2003, there was no Ugandan presence: "The last contingent had left just before the assault," says the witness. The UPC was already there.

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Katanga and Ngudjolo Chronicle # 5: 'They said 'kill them with our hands' ''

Katanga and Ngudjolo Chronicle # 5: 'They said 'kill them with our hands' ''

Monday, 30 November 2009 - Witness 233: "They said ´kill them with our hands´''

The morning starts with a discussion of procedural matters in the presence of the witness. The Prosecution has 40 minutes to complete their examination and to allow other parties to cross-examine the evidence presented by the witness. The Presiding Judge announces the intention of the Legal Representatives of Victims to also put some questions to the witness. To do so, the lawyers are requested to submit their questions to the Chamber, who will assess their pertinence. According to the rules of the Court, victims must show that the witness's testimony covers certain matters affecting their personal interest, and their request to participate in the proceedings must be made in writing at least seven days before the evidence is presented. This has not happened here, so the Chamber's flexibility on the "7 days decision" will be put to the test.

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Katanga and Ngudjolo Chronicle # 4 'The Fighters Spoke in Kilendu'

Katanga and Ngudjolo Chronicle # 4 'The Fighters Spoke in Kilendu'

Friday, 27 November 2009 - Witness 233: "The fighters spoke in Kilendu"

Witness 233 resumes his testimony in private session. "I am going to ask about several names," announces Prosecutor Eric MacDonald. Any information that may lead to the identification of the witness and his family must remain confidential, so silence is the only thing heard in the Public Gallery.

It is nearly fifteen minutes until the voice of the Prosecutor is audible again. "I would like to come back to the events on 24 February 2003." When the village of Bogoro was attacked, Witness 233 sought refuge in the bush. The population was told to rush to the military camp controlled by the UPC. But Witness 233 never reached it. From his hiding place he witnessed what occurred that day.

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Katanga and Ngudjolo Chronicle # 3 'The Enemy Came from the Lendu and Nigiti roads'

Katanga and Ngudjolo Chronicle # 3 'The Enemy Came from the Lendu and Nigiti roads'

Thursday, 26 November 2009: "The enemy came from the Lendu and the Nigiti roads"

Expectations surrounding this trial are high. This is only the ICC's second trial, and it is the second to come out of the conflict in the Democratic Republic of Congo. Victims of serious crimes have been waiting for justice for more than six years. As happened during the first days of the trial of Thomas Lubanga, people expect powerful testimony to bring to life the atrocities committed in the DRC. However, on the third day of the proceedings, the trial seems still not to spring to life.

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Katanga and Ngudjolo Chronicle # 2: Head of the OTP Investigation Team: 'The Victims in this case who eventually have decided to speak to us and to testify in this trial, they clearly need to be commended in their courage to do so.''

Katanga and Ngudjolo Chronicle # 2: Head of the OTP Investigation Team: 'The Victims in this case who eventually have decided to speak to us and to testify in this trial, they clearly need to be commended in their courage to do so.'' Wednesday, 25 November 2009 - Head of the OTP investigation team: "The victims in this case who eventually have decided to speak to us and to testify in this trial, they clearly need to be commended for their courage to do so."

The first witness of the second trial concerning the DRC takes the stand. The image is distorted but the voice is perfectly clear. It belongs to a woman. It is the head of the group of investigators assigned to this case who, upon the request of the Chamber, will shed some light on the investigations conducted in Ituri.

"The witness now has the floor to provide a general overview of her testimony. We are now listening to you," says Presiding Judge Cotte.

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Katanga and Ngudjolo Chronicle #1 The Congolese people are waiting for justice

Katanga and Ngudjolo Chronicle #1 The Congolese people are waiting for justice

Tuesday, 24 November 2009 - It´s 9.15 in the morning and the visitors are taking their seats in the Public Gallery. Although there are still 15 minutes left until the hearings start, there are no seats spare. It is a remarkable day in the short life of this permanent court, and in the history of international justice. Today, the International Criminal Court starts its second trial since its creation: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui.


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