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Situations under Preliminary Examination: Recent News and Statements

01 Apr 2011

Dear All,

Please find below information regarding developments in some of the situations currently under preliminary examination by the Office of the Prosecutor (OTP) of the International Criminal Court (ICC).

This message includes media statements, documents and news articles covering the period February-March 2011 related to Côte d'Ivoire (I), and the Occupied Palestinian Territories (II).

To date, the ICC has opened investigations in six situations: the Central African Republic; Darfur, Sudan; Uganda; Democratic Republic of Congo, Libya and Kenya. In addition, the ICC Office of the Prosecutor has made public that it is examining information about a number of situations around the world in order to determine whether an investigation should be opened. According to public and official statements by the ICC, the OTP is looking into alleged crimes committed in Afghanistan, Colombia, Côte d'Ivoire, Georgia, Guinea, the Occupied Palestinian Territories, Nigeria, Honduras and Korea. To date the OTP has published the conclusions of its preliminary examination into alleged crimes committed in Iraq and Venezuela.

For additional information you may refer the Coalition's website at http://www.iccnow.org/?mod=developments and the ICC-OTP's related webpage at: http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor/Comm+and+Ref

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

For additional information you may refer to the Coalition's website at www.coalitionfortheicc.org

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. COTE D'IVOIRE

A. UNSC RESOLUTION 1975

« Security Council demands end to violence in Cote d'Ivoire, imposing sanctions against former president and urging him to "step aside" in resolution 1975," UN news centre, 30 March 2011, http://www.un.org/News/Press/docs//2011/sc10215.doc.htm - Excerpts

"Demanding an immediate end to the surge in violence against civilians in Côte d'Ivoire, the Security Council this evening imposed targeted sanctions against recalcitrant former President Laurent Gbagbo and his close associates, while reaffirming the mandate of the United Nations mission there to protect civilians, including to prevent the use of heavy weaponry against them.

Unanimously adopting resolution 1975 (2011) under Chapter VII of the United Nations Charter, the Council said that five persons including Mr. Gbagbo, who are listed in an annex to the text, met the criteria set out in resolution 1572 (2004) for persons who obstructed the peace process and reconciliation in the country, obstructed the work of the United Nations Operation in Côte d'Ivoire (UNOCI), and committed serious violations of human rights and international humanitarian law.

The 15-member body condemned the decision of Mr. Gbagbo not to accept the overall political solution proposed by the High-level Panel put in place by the African Union, and urged him to "immediately step aside".

Considering that the attacks currently taking place in Côte d'Ivoire against the civilian population could amount to crimes against humanity, the Council firmly condemned the violence and other violations and abuses of human rights, in particular enforced disappearances, extrajudicial killings, killing and maiming of children and rapes and other forms of sexual violence, noting that the International Criminal Court might decide on its jurisdiction over the situation.

... Following the adoption of the resolution, Council Members said that the text sent a strong message to those who were fomenting violence and resisting the will of the Ivorian people. Most speakers also called for restraint by all parties, expressed grave concern over the humanitarian situation and supported the efforts of ECOWAS and the African Union to help bring about political reconciliation. ..."

B. EU STATEMENT

"Statement by EU High Representative Catherine Ashton on Côte d'Ivoire," Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy and
Vice-President of the Commission, 3 March 2011, http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/119597.pdf

"Today, the forces of Laurent Gbagbo opened fire on a peaceful demonstration in Abidjan, killing seven unarmed women...We firmly condemn those killings in the strongest possible terms, express our deepest sympathy for the victims and their families, and urge Laurent Gbagbo to refrain from any further violence, and to hand over power rapidly to the elected President....

Laurent Gbagbo and those who support him must remember that they will be held accountable for the consequences of their actions and for any violations of human rights for which they are responsible, including at the appropriate national or international justice systems. I, therefore, urge the United Nations Human Rights Council to intensify the monitoring of human rights in order for the perpetrators to be brought to justice and the UNOCI to implement fully its mandate to protect civilian populations."

C. COALITION MEMBERS' STATEMENTS

1. "Côte d'Ivoire: Is War the Only Option?", International Crisis Group, 3 March 2011, http://www.crisisgroup.org/en/regions/africa/west-africa/cote-divoire/171-cote-divoire-is-war-the-only-option.aspx

"Côte d'Ivoire is on the verge of a new civil war between the army loyal to the defiant Laurent Gbagbo, who refuses to acknowledge he lost the November 2010 presidential election, and the 'Forces nouvelles' (FN), the ex-insurgency now supporting the winner, Alassane Ouattara. The vote should have ended eight years of crisis, but Gbagbo, staged a constitutional coup and resorted to violence to keep power. The result is a serious threat to peace, security and stability in all West Africa....

The most likely scenario in the coming months is armed conflict involving massive violence against civilians, Ivorian and foreign alike, that could provoke unilateral military intervention by neighbours, starting with Burkina Faso. It is ECOWAS territory, not southern Africa, that faces a serious threat. The regional organisation must reclaim the responsibility for political and military management of the crisis, with unequivocal AU and UN support. Meanwhile, Ouattara should take the initiative to launch a dialogue between RHDP and LMP (but without the irreconcilable Gbagbo), with a view to achieving a reconciliation agreement and a transitional unity government that he would head as the democratically elected president.

RECOMMENDATIONS

...To the prosecutor of the International Criminal Court:

6. Remind all Ivorian parties, including commanders of the FDS-CI, militia leaders and commanders of the Forces nouvelles that they will be liable for acts committed by persons placed under their authority or acting upon their messages of hate and violence...."

See also:

1. "Open Letter to Heads of State and Government of the Economic Community of West African States (ECOWAS) on the Situation in Côte d'Ivoire," Louise Arbour, International Crisis Group, 22 March 2011, http://www.crisisgroup.org/en/publication-type/media-releases/2011/open-letter-ecowas-cote-divoire.aspx

2. "Open Letter to the UN Security Council on the Situation in Côte d'Ivoire," Louise Arbour, International Crisis Group, 25 March 2011, http://www.crisisgroup.org/en/publication-type/media-releases/2011/open-letter-unsc-cote-divoire.aspx

2. "Cote d'Ivoire: Crimes against humanity by Gbago forces; as crisis deepens, grave abuses committed by both sides", Human Rights Watch, 16 March 2011, http://www.hrw.org/node/97358

"The three-month campaign of organized violence by security forces under the control of Laurent Gbagbo and militias that support him gives every indication of amounting to crimes against humanity, Human Rights Watch said today....

...Armed combatants have committed war crimes, including executions of detainees and targeted killings of civilians and destruction of their property, Human Rights Watch said. The killing of civilians by pro-Ouattara forces, at times with apparent ethnic or political motivation, also risks becoming crimes against humanity should they become widespread or systematic. No one has been held accountable for the attacks, which have left hundreds dead, and neither side has even publicly denounced abuses by its own forces....

Human Rights Watch believes that Gbagbo and several of his close allies are now implicated in crimes against humanity as defined by the Rome Statute, which created the International Criminal Court (ICC)....

On March 14, the UN High Commissioner for Human Rights, Navanethem Pillay, echoed the call of several member states on the Human Rights Council to establish a Commission of Inquiry that would investigate grave violations of human rights and international humanitarian law during the post-election period. Any such commission should investigate the key individuals implicated in the crimes committed by both sides, helping to ensure that those responsible are held to account, Human Rights Watch said.

Notably, Cote d'Ivoire is subject to the jurisdiction of the ICC. While it is not a party to the court, Cote d'Ivoire accepted the court's jurisdiction in 2003 through what is known as an article 12(3) declaration. The Office of the Prosecutor has repeatedly indicated that it will prosecute crimes committed in Cote d'Ivoire if the ICC's requirements for investigation - which relate to the gravity of the crimes and the inadequacy of national proceedings - are met. An investigation could be triggered by a referral of the situation by the UN Security Council or any state that is party to the court, or if the prosecutor decides to act on his own authority...."

See also:

1. "Hundreds of lives lost in Ivory Coast amidst slow international response," Human Rights Watch, 25 March 2011, http://www.hrw.org/en/news/2011/03/25/hundreds-lives-lost-ivory-coast-amidst-slow-international-response

D. RELATED NEWS & OPINIONS

1. "Human Rights violations-what awaits Luis Moreno-Ocampo" ["Violation des droits de l`homme - Ce qui attend Louis Moreno Ocampo"], Y. Doumbia, L'Inter, 23 March 2011, http://news.abidjan.net/h/395045.html [French]
2. "Possible crimes against humanity in Ivory Coast: HRW", RNW, 16 March 2011, http://www.rnw.nl/international-justice/article/possible-crimes-against-humanity-ivory-coast-hrw
3. "Ouattara's lawyers denounce inaction of international community in Côte d'Ivoire" ["Les avocats d'Ouattara dénoncent l'inertie de la communauté internationale en Côte d'Ivoire"], Le Monde, 28 March 2011, http://www.lemonde.fr/afrique/article/2011/03/28/les-avocats-d-ouattara-denoncent-l-inertie-de-la-communaute-internationale-en-cote-d-ivoire_1499875_3212.html [French]
4. "Côte d'Ivoire: close to one million displaced, according to the HRC" ["Côte d'Ivoire: près d'un million de déplacés selon le HCR"], BBC News, 26 March 2011, http://www.bbc.co.uk/afrique/region/2011/03/110326_ivory-refugees.shtml [French]
5. "Côte d'Ivoire - Remarks to the press by Mr Gérard Araud, Permanent Representative of France to the United Nations," France at the United Nations, 25 March 2011, http://www.franceonu.org/spip.php?article5463
6. "Côte d'Ivoire: UN launches investigation into human rights violations" ["Côte Ivoire: l'ONU lance une enquête sur les violations des droits de l'Homme"], AFP, 25 March 2011, http://www.google.com/hostednews/afp/article/ALeqM5jW5zSgCMwZNFvlmIWSjboHyUBVLw?docId=CNG.2fd0b4ba4e886c10909af80fda34b61b.21 [French]
7. "Crimes against humanity claims - what lies behind the media campaign agains Gbagbo" ["Accusation de crimes contre l`humanité - Ce que cache la campagne médiatique contre Gbagbo"], Assane Niada, L'Inter, 24 March 2011, http://news.abidjan.net/h/395199.html [French]
8. "Côte d'Ivoire: demonstrators denounce 'passivity' of UN" ["Côte d'Ivoire: des manifestants dénoncent la 'passivité' de l'ONU"], L'Express, 23 March 2011, http://www.lexpress.fr/actualite/monde/cote-d-ivoire-des-manifestants-denoncent-la-passivite-de-l-onu_975606.html
9. "Gbagbo enlists thousands to take fight to Ivory Coast rebels: Recruitment drive stokes fears of civil war; War crimes warning from human rights group", The Guardian, 21 March 2011, http://www.guardian.co.uk/world/2011/mar/21/ivory-coast-president-bolsters-army?INTCMP=SRCH
10. "U.N.: Attack on Ivory Coast Market 'A War Crime'", by Daniel M. Austin, Impunity Watch, 20 March 2011, http://impunitywatch.com/?p=16793
11. "UN condemns mortar attack on Ivory Coast market", by Edith M. Lederer and Anne Look, AP, 19 March 2011, http://www.google.com/hostednews/ap/article/ALeqM5h7DAdAZrEfL3zPfIaEtY_Vg30HqQ?docId=f969d8fbe0f8400ab73d3c89ff29645f
12. "Commandos attack Ivory Coast police station" by Marco Chown Oved, AP, 18 March 2011, http://www.vcstar.com/news/2011/mar/17/commandos-attack-ivory-coast-police-station/?partner=RSS
13. "Shelling kills up to 30 in Ivory Coast marketplace" by Marco Chown Oved, AP, 18 March 2011, http://news.yahoo.com/s/ap/20110317/ap_on_re_af/af_ivory_coast
14. "South Africa's now-neutral stance on Ivory Coast infuriates president-elect's camp" by Scott Baldauf and Drew Hinshaw, CS Monitor, 17 February 2011, http://news.yahoo.com/s/csm/20110217/wl_csm/364154
15. "ICC: no impact in Côte d'Ivoire" by Bram Posthumus, RNW, 16 March 2011, http://www.rnw.nl/international-justice/article/icc-no-impact-cote-d’ivoire
16. "UN right council hears call for Ivory Coast probe", AFP, 15 March 2011, http://www.expatica.com/ch/news/local_news/un-right-council-hears-call-for-ivory-coast-probe_135861.html

II. OCCUPIED PALESTINIAN TERRITORIES

A. COALITION MEMBERS' STATEMENTS

1. "Human Rights Council Resolution: A Step towards Justice for Victims of the Gaza Conflict," Al-Haq on behalf of the Palestinian Council of Human Rights Organizations, 25 March 2011, http://www.alhaq.org/etemplate.php?id=576

"As Palestinian human rights organisations, we welcome today's adoption of a resolution by the United Nations (UN) Human Rights Council that advances the cause of justice for victims of Israel's December 2008 - January 2009 offensive on the Gaza Strip. The resolution paves the way for recourse to mechanisms of international justice by recommending that the report of the UN Fact-Finding Mission on the Gaza Conflict be sent to the UN General Assembly for further action, including submission to the UN Security Council for a Chapter VII referral to the International Criminal Court...

The resolution acknowledges that domestic mechanisms have failed to deliver justice to victims and welcomes the report of the UN Committee of Independent Experts. This is in line with our judgment that Israel has been unwilling to carry out genuine criminal investigations and that the Palestinian authorities, despite some noted efforts, have failed to deliver justice..... In light of the above, it is imperative that urgent recourse be made to international mechanisms of criminal justice.

To date, Human Rights Council resolutions have been insufficient to redress serious violations of international law in the OPT. It is now up to the General Assembly to ensure further action is taken through the Security Council and the International Criminal Court to ensure justice for victims and accountability for perpetrators of international crimes.
Firm steps towards accountability are now more crucial than ever to stop the escalation in violence demonstrated by the recent incidents in the OPT. The international community of States has an obligation to hold all perpetrators of serious violations of international law accountable in order to prevent further violence against innocent civilians."

2. "UN resolution must be translated into international justice for Gaza conflict victims," Amnesty International, 25 March 2011, http://www.amnesty.org/en/library/asset/MDE15/021/2011/en/8d30cd31-448a-4b10-9c02-cd4da79939e7/mde150212011en.html

"Today's UN Human Rights Council resolution on the 2008-2009 conflict in Gaza and southern Israel, although flawed in some respects, creates a crucial opportunity for international justice for victims if the UN General Assembly acts decisively.

The resolution urges the UN General Assembly to address the continuing impunity for war crimes and possible crimes against humanity committed in the 2008-2009 Gaza conflict by calling on the UN Security Council to refer the situation to the Prosecutor of the International Criminal Court (ICC). Amnesty International is urging the General Assembly to move the process towards international justice forward as swiftly as possible.

Palestinian and Israeli victims of the 22-day conflict in Gaza and southern Israel have been waiting for justice for more than two years, and the domestic authorities have shown that they are unable or unwilling to provide it. Amnesty International has been calling for international justice solutions to end the cycle of injustice and impunity. The General Assembly must now ensure that the issue is placed on the Security Council's agenda in a way that facilitates meaningful action, in particular referral to the ICC...

The September 2009 report of the UN Fact-Finding Mission...recommended that if the authorities failed to conduct credible, independent investigations meeting international standards within six months, the Security Council should refer the issue to the ICC....

Meanwhile, Amnesty International notes that the ICC Prosecutor has yet to seek a determination from the judges of the Pre-Trial Chamber on whether he can open an investigation into crimes committed during the conflict on the basis of a declaration issued by the Palestinian Authority in January 2009. That declaration accepted the jurisdiction of the ICC over crimes 'committed on the territory of Palestine since 1 July 2002.' Legal experts dispute whether the Palestinian Authority is a 'state' capable of making such a declaration under the Rome Statute. If the judges were to determine that the ICC could act on the declaration, a referral by the Security Council would not be required for the ICC to open an investigation. Amnesty International continues to urge the ICC Prosecutor to seek this determination as soon as possible.

In the face of overwhelming evidence that the domestic authorities are denying justice to both Palestinian and Israeli victims, Amnesty International also continues to urge all states to investigate and prosecute crimes under international law committed during the conflict before their national courts by exercising universal jurisdiction..."

3. "Refer Gaza situation to ICC - Amnesty call on UN Human Rights Council", Amnesty Int'l, 9 March 2011, http://www.amnesty.org.uk/news_details.asp?newsId=19310

"The situation in Gaza should be referred to the International Criminal Court (ICC), Amnesty International said today (9 March), as it called on the Human Rights Council to pass a resolution that would pave the way for the UN Security Council to make such a referral.

The UN Security Council's swift action to refer the situation in Libya to the ICC Prosecutor contrasts markedly with its unwillingness so far to address the situation of the Gaza conflict, said Amnesty.

Amnesty International this week handed over a petition to Sihasak Phuangketkeow, President of the UN Human Rights Council, calling on the Council to take this crucial step later this month to ensure international justice for victims of the 2008-2009 conflict in Gaza and southern Israel.

Amnesty International UK Campaign Manager Kristyan Benedict said:

'The victims of the Gaza conflict have been demanding justice for over two years. Those demands have been totally ignored by the Israeli and Hamas authorities. Neither has seriously investigated credible allegations of war crimes.

'It's now time for the international community to step in and insist on justice and accountability.

'Victims of the conflict must not be ignored any more. The member states of the UN Human Rights Council have a clear opportunity to do the right thing and ensure the situation in Gaza ends up at the ICC.'..."

See also:

1. "UN body can help bring international justice for Gaza conflict victims", by Rachel Campbell, Amnesty International Livewire, 21 March 2011, http://livewire.amnesty.org/2011/03/21/un-body-can-help-bring-international-justice-for-gaza-conflict-victims/
2. "March 21st KEY Date in Human Rights Council for Gaza Conflict Victims", by Edith Garwood, Amnesty Int'l, 15 March 2011, http://blog.amnestyusa.org/justice/march-21st-key-date-in-human-rights-council-for-gaza-conflict-victims/

B. HRC RESOLUTION AND RELATED REPORTS

1. "Follow-up to the report of the United Nations Fact-Finding Mission on the Gaza Conflict," Resolution A/HRC/16/L.31, Human Rights Council, 21 March 2011, http://ap.ohchr.org/documents/E/HRC/d_res_dec/A_HRC_16_L.31.pdf - Excerpts

"... 10. Also recommends that the General Assembly reconsider the report of the United Nations Fact-Finding Mission on the Gaza Conflict at its sixty-sixth session, and urges the Assembly to submit that report to the Security Council for its consideration and appropriate action, including consideration of referral of the situation in the Occupied Palestinian Territory to the prosecutor of the International Criminal Court, pursuant to article 13(b) of the Rome Statute;

11. Further recommends that the General Assembly remain apprised of the matter until it is satisfied that appropriate action has been taken at the domestic or international level to ensure justice for victims and accountability for perpetrators, and also remain ready to consider whether additional action within its powers is required in the interests of justice;

12. Requests the Secretary-General to present a comprehensive report on the progress made in the implementation of the recommendations of the Fact-Finding Mission by all concerned parties, including United Nations bodies, in accordance with paragraph 3 of section B of Human Rights Council resolution S-12/1, to the Council at its seventeenth session;

2. "Report of the Committee of independent experts in international humanitarian and human rights law established pursuant to Council resolution 13/9," A/HRC/16/24, 18 March 2011 http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A.HRC.16.24_AUV.pdf

3. "Report of the United Nations High Commissioner for Human Rights on the implementation of Human Rights Council resolution 15/6," A/HRC/16/28, 5 January 2011, http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A-HRC-16-28.pdf

4. "Human Rights Council Holds General Debate On Human Rights Situation In Palestine And Other Occupied Arab Territories," UNDPI, 22 March 2011, http://unispal.un.org/UNISPAL.NSF/0/AD2C33FFC411C15B852576EE006A6BE7

C. RELATED NEWS & OPINIONS

1. "Egyptian Institutions Welcome Goldstones Transmit to Security Council," Palestine News & Info Agency, 27 March 2011, http://english.wafa.ps/index.php?action=detail&id=15649&utm_source=twitterfeed&utm_medium=twitter
2. "Israel, Hamas fail to make progress on violations probe", AFP/RNW, 21 March 2011, http://www.rnw.nl/international-justice/article/israel-hamas-fail-make-progress-violations-probe
3. "OIC/Palestine: OIC Warns of Human Tragedy in Gaza", International Islamic News Agency, 15 March 2011, http://iina.me/wp_en/?p=1001828

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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands