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ICC files new application to arrest Rwanda field commander

Prosecutor Luis Moreno-Ocampo [official profile] of the International Criminal Court (ICC) [official website] on Wednesday submitted [press release] a renewed application seeking an arrest warrant for Sylvestre Mucadumura [ICC fact sheet, PDF], a field commander in the Democratic Forces for the Liberation of Rwanda (FDLR) [GlobalSecurity backgrounder]. Mucadumura is accused of having committed five counts of crimes against humanity (murder, inhumane acts, rape, torture and persecution) and nine counts of war crimes (attack against a civilian population, murder, mutilation, cruel treatment, rape, torture, destruction of property, pillaging and outrage upon personal dignity) in the Kivu provinces of the Democratic Republic of Congo [BBC backgrounder; JURIST news archive].

In May, the Pre-Trial Chamber II of the ICC rejected [JURIST report] the prosecution's application for an arrest warrant [text, PDF] against Mudacumura because the application failed to state any "specific reference to the crimes within the jurisdiction of the Court" that is required under articles 58(2)(b)(c) and (3)(b)(c) [texts] of the Rome Statute [text]. The court also noted that the listing of Mudacumura's alleged crimes was not enough to satisfy the specificity requirement of the Rome Statute because the prosecution had failed to support the allegations with facts underlying those crimes. The rejection came a day after the Appeals Chamber of the ICC upheld [JURIST report] the pre-trial chamber's decision that the prosecution lacked sufficient evidence to try Rwandan rebel leader Callixte Mbarushimana [ICC materials]. Mbarushimana was accused of having relations to the murder, rape and torture of Congolese villagers by Hutu militia in 2009.

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