Why ICC dropped charges against CAR militia leader Maxime Mokom
The International Criminal Court (ICC) has dropped charges against Maxime Mokom, a former militia leader from the Central African Republic. This decision was based on the prosecution's assessment that there were no reasonable prospects of securing a conviction, largely due to changes in witness availability and evidence.
Mokom's defence, during the hearing in August, emphasised his refugee status in the neighbouring Democratic Republic of Congo during the period covered by the charges. He denied any involvement in the violent attacks on Muslim civilians that the prosecution sought to charge him with.
The Charges
On December 10, 2018, an arrest warrant was issued under seal for Maxime Mokom Gawaka, accusing him of war crimes and crimes against humanity allegedly committed in the Central African Republic. Charges included directing attacks against civilians, murder, rape, and more.
Legal proceedings
Maxime Mokom was surrendered to the ICC on March 14, 2022. He made his first appearance on March 22, 2022. The confirmation of charges hearing began on August 22, 2023, but remained inconclusive, with pending written submissions.
On October 17, 2023, the prosecution decided to terminate the proceedings, ordering his immediate release from ICC detention. This decision followed the prosecution's notice of withdrawal of the charges against Mokom, dated October 16, 2023. The notice cited relevant changes regarding the evidence, leading the Prosecution to believe that even if the charges were confirmed, a conviction at trial was unlikely.
"Having considered the totality of the evidence in the Mokom case and in light of changed circumstances regarding the availability of witnesses, there are no longer any reasonable prospects of conviction at trial even if the charges were confirmed," the prosecutor's office said.
What's next
The prosecutor’s office has instructed the ICC Registrar to make arrangements for Mokom's transfer to a receiving State. Meanwhile, Mokom remains in a temporary ICC-designated location.
The Central African Republic has been dealing with prolonged violence, involving various rebel groups such as anti-balaka Christian militias and Seleka rebels. The ICC has been investigating these events since 2014, and while Mokom's case has concluded, other trials involving key figures from these groups are ongoing.
