. In Tuesday’s hearing, Judge Howard Morrison, Presiding Judge in these appeals, read a summary of the judgments in open court in the presence of Mr Ntaganda. Due to the COVID-19 restrictions, the judgment was delivered on a partially virtual basis, with participation either from the seat of the Court, or from separate locations outside the Court.
The Appeals Chamber found that Mr Ntaganda did not demonstrate that his right to a fair trial was violated and also determined that, in convicting Mr Ntaganda, the Trial Chamber did not exceed the facts and circumstances described in the charges.
In relation to the appeal against the sentence imposed, the Appeals Chamber rejected Mr Ntaganda’s challenge to the Trial Chamber’s assessment of his degree of participation in and knowledge of the crimes, including the crime of sexual enslavement and rape of civilians. Likewise, Mr Ntaganda’s challenges to the Trial Chamber’s assessment of alleged aggravating circumstances and mitigating circumstances were also rejected.
The Appeals Chamber in these appeals was composed of Presiding Judge Howard Morrison, Judge Piotr Hofmański, Judge Luz del Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and Judge Chile Eboe-Osuji. Separate opinions were appended to the Appeals Chamber’s Judgments. In their opinions, Judges Hofmański, Morrison, Eboe-Osuji and Bossa discuss the meaning of ‘attack’ in article 8 of the Statute. In his opinion, Judge Morrison discusses indirect co-perpetration.