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Situation in the Democratic Republic of the Congo, Prosecutor (on the application of Victims) v Katanga (Germain), Judgment pursuant to article 74 of the Statute, Case ICC-01/04-01/07, ICC-01/04-01/07-3436, ICC-01/04-01/07-3436-tENG, ICL 1587 (ICC 2014), 7th March 2014, International Criminal Court [ICC]; Trial Chamber II [ICC]

Situation in the Democratic Republic of the Congo, Prosecutor (on the application of Victims) v Katanga (Germain), Judgment pursuant to article 74 of the Statute, Case ICC-01/04-01/07, ICC-01/04-01/07-3436, ICC-01/04-01/07-3436-tENG, ICL 1587 (ICC 2014), 7th March 2014, International Criminal Court [ICC]; Trial Chamber II [ICC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 May 2019

Whether, at the time of events, a domestic militia was structured in a hierarchical chain of command within an ethnic community.

Whether the crimes charged in the Decision on the Confirmation of Charges were committed by the combatants of an ethnic community.

Whether an ‘attack’ existed within the meaning of Article 7(2)(a) of the Rome Statute of the International Criminal Court (‘Rome Statute’), and whether such attack was widespread or systematic.

Whether an individual had exerted effective control over combatants of an ethnic community.

Whether an individual was responsible for the crimes charged in the Decision on the Confirmation of Charges under Article 25(3)(d) of the Rome Statute.

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