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ICC has imprisoned individuals convicted of crimes against humanity


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Contrary to former president Rodrigo Duterte’s claim, four cases investigated by the International Criminal Court have resulted in prison sentences

Claim: The International Criminal Court (ICC) has not imprisoned any convicted criminal. 

Rating: FALSE

Why we fact-checked this: Former president Rodrigo Duterte made the claim during a House quad committee hearing on November 13. In response to a question by Cagayan de Oro 1st District Representative Lordan Suan on Duterte’s decision to withdraw the Philippines from the ICC in 2018, Duterte called the ICC a “silly” court and claimed the war crimes tribunal has not sent anyone to prison.

The facts: The ICC has convicted and imprisoned individuals found guilty of war crimes and crimes against humanity. According to its website, four cases have led to prison sentences. Here is a list of those cases and the individuals involved:

  1. Al Mahdi 

Ahmad Al Faqi Al Mahdi, an alleged member of a movement associated with Al Qaeda in the Islamic Maghreb, was found guilty of a war crime of attacking protected buildings in Timbuktu. He was sentenced to nine years in prison, with two years later deducted.  

  1. Bemba et al. 

The defendants in this case were Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu, and Narcisse Arido. The five were convicted of war crimes and crimes against humanity committed in the Central African Republic.

Bemba was found guilty of offenses against the administration of justice and was sentenced to one year imprisonment and a fine. The others also received prison sentences for offenses against the administration of justice involving false witness testimonies in the case. Both Kilolo and Mangenda were given final sentences of 11 months; Kilolo was also fined. Babala was sentenced to six months imprisonment and Arido was sentenced to 11 months imprisonment.

  1. Katanga 

Germain Katanga was found guilty as an accessory to a crime against humanity and various war crimes committed in the Democratic Republic of Congo. He was sentenced to a total of 12 years in prison.

  1. Lubanga 

Thomas Lubanga Dyilo was found guilty of enlisting and conscripting child soldiers. He was sentenced to 14 years in prison.   

Duterte and the ICC: During the recent hearings on the Duterte administration’s war on drugs, the former president has said he offers “no apologies, no excuses” for the bloody operations that killed thousands of Filipinos and is currently the subject of an ICC investigation. (READ: Duterte’s admissions during Senate drug war hearing and what they mean)

Asked during the quad committee hearing on whether he was ready to face ICC investigators, Duterte said the tribunal should “hurry up” in their investigation before he dies.

Previous related fact-checks: Rappler has fact-checked several false claims about the ICC before, such as those found here done in 2024:

– Percival Bueser/ Rappler.com 

Percival Bueser is a graduate of Rappler’s fact-checking mentorship program. This fact check was reviewed by a member of Rappler’s research team and a senior editor. Learn more about Rappler’s fact-checking mentorship program here.

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