Alfred YekatomAnd Patrice-Edouard Ngaïssona

Mr. Yekatom and Mr. Ngaïssona are charged with war crimes and crimes against humanity in various locations in the CAR between December 2013 and August/December 2014 respectively. Both are in the Court's custody. On February 2019, their cases were joined.
Case status: 
Pre-trial
Topics: 
Global justice for atrocitiesWar crimesCrimes against humanity
Regions: 
Africa
Alfred Yekatom, former caporal-chef in the Forces Armées Centrafricaines, and a MP in CAR, and Patrice-Edouard Ngaïssona, alleged most senior leader and the "National General Coordinator" of the Anti-Balaka in CAR, are charged with war crimes and crimes against humanity in various locations in the CAR between 5 December 2013 and August 2014 for Yekatom and between 5 December 2013 and at least December 2014 for Mr. Ngaïssona. On 11 December 2019, Pre-Trial Chamber II partially confirmed the charges and committed them to trial. They were surrendered to the International Criminal Court (ICC) on 17 November 2018 and 23 January 2019, respectively. Mr. Yekatom and Mr. Ngaïssona are now in the Court's custody. On 20 February 2019, Pre-Trial Chamber II joined the Yekatom and Ngaïssona cases.
Background: 

On 30 May 2014, the Prosecutor received a referral from the Central African authorities regarding crimes allegedly committed in CAR since 1 August 2012 in the context of an armed conflict not of an international character was ongoing in the territory of the Central African Republic between the Seleka and the Anti-Balaka, both constituting organised armed groups at that time. Allegedly, the Anti-Balaka carried out a widespread attack against the Muslim civilian population, perceived – on the basis of their religious or ethnic affiliation – as complicit with, or supportive of the Seleka and therefore collectively responsible for the crimes allegedly committed by them.

On 24 September 2014, the Prosecutor opened a second investigation in CAR regarding crimes allegedly committed since 2012. 

 

 

 

Charges: 

The arrest warrant for Alfred Yekatom was issued on 11 November 2018. He was surrendered to the ICC on 17 November 2018. The arrest warrant for Patrice-Edouard Ngaïssona was issued on 7 December 2018. He was arrested by the authorities of the French Republic on 12 December 2018 and transferred to the ICC detention centre on 23 January 2019.

Mr. Yekatom is alleged to be responsible for crimes committed in the context in various locations in the CAR, including Bangui and the Lobaye Prefecture, between 5 December 2013 and August 2014: crimes against humanity - murder, deportation or forcible transfer of population, imprisonment or other severe deprivation of physical liberty, torture, persecution, and other inhumane acts; and war crimes - murder, torture and cruel treatment, mutilation, intentional attack against the civilian population, intentional attacks against buildings dedicated to religion, enlistment of children under the age of 15 years and their use to participate actively in hostilities, displacement of the civilian population and destruction of the adversary´s property.

Patrice-Edouard Ngaïssona is alleged to be responsible for crimes committed in this context in various locations in the CAR, including Bangui, Bossangoa, the Lobaye Prefecture, Yaloké, Gaga, Bossemptélé, Boda, Carnot and Berberati, between at least 5 December 2013 and at least December 2014, as follows: crimes against humanity - murder and extermination, deportation or forcible transfer of population, imprisonment or other severe deprivation of physical liberty, torture, rape and attempted rape, persecution and other inhumane acts, and war crimes - murder and attempted murder, torture, cruel treatment, mutilation, outrages upon personal dignity, intentionally directing attacks against the civilian population, intentionally directing attacks against buildings dedicated to religion, pillaging, rape and attempted rape, enlisted of children under the age of 15 years and their use to participate actively in hostilities, displacement of the civilian population and destruction of the property of an adversary.

On 20 February 2019, Pre-Trial Chamber II joined the Yekatom and Ngaïssona cases.

On 11 December 2019, Pre-Trial Chamber II of ICC issued a unanimous decision partially confirming the charges and committed them to trial before a Trial Chamber.

Victims: 

On 5 March 2019, the Chamber issued a decision establishing the principles applicable to victims' applications for participation in the case; one of its rulings was to approve the use of a joint application form for participation and/or reparations in the Yekatom and Ngaïssona case. 

The judges have given 1085 victims permission to participate in the hearing. They will not be in the courtroom but will be represented by their legal representatives.