The International Criminal Court (ICC) announced Thursday, October 19, the release of a former leader of the Central African anti-balaka militia due to the dropping of charges by the prosecution, justified by the unavailability of witnesses. The judges of the court, which sits in The Hague, indicated in a press release that on Tuesday they “terminated the proceedings” against Maxime Mokom following notification of the withdrawal of the charges and “ordered his immediate release” . “Mr Mokom was released from ICC detention the same day,” they added.
Karim Khan, the court's prosecutor, said earlier in a statement that he informed the judges of the withdrawal of charges after "considering all the evidence in the Mokom case and in light of a change in circumstances regarding the availability of witnesses.”
The 44-year-old former militia leader faced 20 counts of war crimes and crimes against humanity for atrocities committed in 2013 and 2014, including attacks on civilians, murder, rapes, looting and attacks on mosques.
He was the leader of the anti-balaka, self-proclaimed self-defense militias made up mainly of Christian and animist fighters, created in 2013 in response to the capture of Bangui by the Séléka, a coalition of armed groups mainly composed of Muslims opposed to the former president François Bozizé.
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According to the public version of the prosecutor's notice to the judges, "it has become clear that several very important witnesses are not available to testify." Some of them held “crucial information regarding the accusations against Mr. Mokom,” it said. “None of the attempts to interview other potential witnesses who may have information linking Mr. Mokom to the crimes have been successful in recent weeks,” according to the document, which does not detail the reasons for the unavailability of witnesses. witnesses before the ICC.
In 2016, former court prosecutor Fatou Bensouda denounced a “relentless” campaign of witness intimidation to explain the dropping of charges against William Ruto in the serious post-presidential violence in 2007, then vice-president. Kenyan president.
The court in 2022 ended the legal action against Paul Gicheru, a deceased Kenyan lawyer, who was accused of bribing and intimidating witnesses during the ICC prosecution of Mr. Ruto, who has since become president from Kenya. In 2022, the Chadian authorities handed over Mr. Mokom to the ICC, which had issued an arrest warrant against him in 2018.
The former militia leader denied during a hearing in August any involvement in the bloodbath a decade ago, telling ICC judges he was “dedicated to the pursuit of peace.” The judges were expected following this key hearing to decide whether the evidence was strong enough to send Mr. Mokom to the dock, but Mr. Khan before the end of this hearing “concluded that there was no longer any prospect reasonable sentencing at trial.”
" Treason "
“I am fully aware that this news may be unwelcome for many survivors and their families,” Mr. Khan said. “I hope that many will understand my legal and ethical responsibilities to be guided by the law and the evidence,” he added, also recalling that his decision will not prevent him from “requesting a new mandate 'stop if more evidence becomes available'.
A lawyer representing the victims called the decision a “betrayal” and said her clients were “sad and immensely disappointed.” “The victims can only deplore such brutal and unilateral behavior,” declared Elisabeth Rabesandratana in a press release sent to AFP.
The violence in the Central African Republic committed by the Séléka and the anti-balaka – meaning “anti-machete” – has left thousands dead and more than a hundred thousand displaced, according to the ICC. Two former anti-balaka warlords, Patrice-Edouard Ngaïssona and Alfred Yekatom, are already on trial by the ICC. Séléka commander Mahamat Said Abdel Kani is also being tried by the court, created in 2002 to try people accused of genocide, war crimes, crimes against humanity and crimes of aggression.
