Karim Khan said his office had concluded there was no longer any reasonable prospect of a conviction, even if the charges were upheld.
The ICC later announced that Mr. Mokomas had been released.
Mokom was charged with war crimes and crimes against humanity over alleged brutal attacks on Muslim civilians in CAR, a former French colony. In 2013 and 2014, they were carried out by irregular military groups that declared themselves as his self-defense forces.
One of the world’s poorest countries has been embroiled in a bloody religious conflict since the Seleka rebels, an alliance of mainly Muslim armed groups, overthrew then CAR president Francois Bozize in early 2013.
In response to the seizure of power, they formed themselves as “anti-Balakaniks”, meaning machetes (balaka), widely used by the Seleka rebels, the self-styled Christian militant group M. Mokomo.
M. Mokomas himself denied having contributed to the bloodshed and told ICC judges in August that he was dedicated to the search for peace.
He said he returned to CAR from the neighboring Democratic Republic of Congo at the height of the violence in February 2014.
The leader of “Antibalakininkai” was accused of leading attacks on civilians, murders, rapes and robberies.
Mr Khan said the decision to drop the charges was made after considering all the evidence and the changed circumstances surrounding the opportunity to interview witnesses.
“I understand very well that this news may be difficult for many survivors and their families,” he added. “I hope many will understand my legal and ethical responsibility to follow the law and the evidence.”
Isolated attacks continue
Mr Khan said his office reserved the right to issue a new arrest warrant if more evidence emerged.
A warrant was first issued for Mr. Mokom in 2018, and Chadian authorities finally handed it over to the ICC last year.
Established in 2002, the ICC is the world’s only independent tribunal that can prosecute individuals accused of the world’s most serious crimes.
Anti-Balakan attacks on Muslim civilians continued after Seleka forces withdrew from the capital, Bangui, at least until December 2014.
The peace agreements signed in 2017 and 2019 are still not being followed in CAR.
Numerous armed groups, insurgents and attackers continue to wage a guerrilla campaign and carry out isolated attacks against the country’s military, which is backed by mercenaries from the Russian private military company Wagner.
International non-governmental organizations and experts mandated by the United Nations regularly accuse both sides of crimes and abuses against civilians.
Two former leaders of the “anti-balakin” – Patrice-Edouard Ngaisona and Alfred Yekatom – are already on trial at the ICC.
Last year, Seleka commander Mahamat Said Abdel Kani denied charges of war crimes and crimes against humanity in court.
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#ICC #prosecutor #dropped #charges #leader #CAR #paramilitary #group
**Interview with Dr. Emily Hart, International Law Expert**
**Interviewer:** Good afternoon, Dr. Hart. Thank you for joining us today. The recent withdrawal of charges against Maxime Mokom by the ICC has sparked considerable discussion. What are your initial thoughts on this decision?
**Dr. Hart:** Good afternoon! Yes, the withdrawal of charges against Mokom is indeed a significant development. It raises questions about the efficacy of war crime prosecutions and the challenges prosecutors face, particularly in complex conflict situations like the Central African Republic.
**Interviewer:** Prosecutor Karim Khan mentioned that there was no longer a reasonable prospect of conviction. What factors might contribute to such a determination?
**Dr. Hart:** There are several factors to consider. In this case, it appears that changes in circumstances, particularly regarding witness testimonies, played a crucial role. Additionally, the availability of credible evidence is paramount in such cases. If the evidence is deemed insufficient or unreliable, it hampers the possibility of a successful prosecution.
**Interviewer:** Mokom has denied the allegations and claims he sought peace in CAR. How does this complicate the narrative surrounding his case?
**Dr. Hart:** It complicates things significantly. On one hand, you have the gravity of the accusations—serious crimes like murder and rape. On the other hand, Mokom’s narrative of returning to the country to pursue peace adds layers of complexity. It’s critical for the ICC to balance these conflicting narratives while adhering to the legal standards of proof.
**Interviewer:** The ICC has indicated it may issue new arrest warrants if further evidence emerges. How common is this in international legal proceedings?
**Dr. Hart:** It’s not unusual at all. International proceedings often have to adapt as new evidence comes to light or as circumstances change. The ICC’s ability to respond to evolving situations is crucial for maintaining flexibility in pursuing justice.
**Interviewer:** What implications does this case hold for survivors and families seeking justice in CAR?
**Dr. Hart:** The news is likely to be devastating for many survivors and their families. It highlights the difficult reality of seeking justice in post-conflict settings, where legal processes can sometimes fail to meet the expectations of those impacted by violence. However, it is also an important reminder of the necessity for prosecutors to adhere to legal standards, even in emotionally charged cases.
**Interviewer:** what lessons should the international community take from this situation?
**Dr. Hart:** One key lesson is that while international justice is vital, the path to achieving it is fraught with challenges. It emphasizes the importance of thorough investigations and the need for legal mechanisms to be equipped to handle the complexities of modern conflicts. Continuous support for conflict-affected regions is also necessary to build a sustainable path toward peace and accountability.
**Interviewer:** Thank you, Dr. Hart, for sharing your insights on this pressing issue.
**Dr. Hart:** Thank you for having me! It’s an important conversation, and I hope it helps raise awareness about the complexities of international justice.
