Callixte Mbarushimana was surrendered to the custody of the ICC by French authorities on 25 January 2011, in accordance with the warrant of arrest delivered against him on 28 September 2010 by Pre-Trial Chamber I. In the document containing the charges, the Prosecutor charged Mr Mbarushimana with five counts of crimes against humanity (murder, inhumane acts, rape, torture, and persecution) and eight counts of war crimes (attacking civilians, murder, mutilation, cruel treatment, rape, torture, destruction of property and pillaging).
In their decision of 16 December 2011 the Majority of the Chamber, comprising Judge Sylvia Steiner and Judge Cuno Tarfusser, found that there was not sufficient evidence to establish substantial grounds to believe that Callixte Mbarushimana could be held criminally responsible, under article 25(3)(d) of the Rome Statute, for these counts. Judge Sanji Mmasenono Monageng, Presiding, filed a dissenting opinion. For the full text of the decision see here. Mr Mbarushimana, whose case is part of the situation in the Democratic Republic of the Congo, was released from ICC custody to France on 23 December 2011.
* This post is based on the ICC Press Release ICC-CPI-20111223-PR760 (for more information see here).