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Situations under Preliminary Examination: Recent News and Statements

18 Feb 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).

To date, the ICC has opened investigations in five situations: the Central African Republic; Darfur, Sudan; Uganda; Democratic Republic of Congo 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, Chad, Colombia, Côte d'Ivoire, Georgia, Guinea, the Occupied Palestinian Territories, Nigeria, Honduras and the Republic of Korea. To date the OTP has published the conclusions of its preliminary examination into alleged crimes committed in Iraq and Venezuela.

This message includes news articles, media statements and documents from December 2010 to February 2011 related to Côte d'Ivoire (I), Georgia (II), Honduras (III), the Occupied Palestinian Territories (IV), the Republic of Korea (V), and Nigeria (VI).

Note that the Coalition has produced a Questions & Answers document on preliminary examinations which is available at: http://www.iccnow.org/documents/CICC_Factsheet_PrelimExamQA.pdf

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.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. COTE D'IVOIRE

A. COALITION MEMBERS' STATEMENTS

1. PGA Media Statement on Ivory Coast, Parliamentarians for Global Action, December 2010, http://www.pgaction.org/uploadedfiles/Media Statement CI.pdf

"Along with the international community as a whole, PGA and its global membership of over 1,300 legislators in 131 countries worldwide, continues to follow, with ever deepening concern, the deteriorating situation in Cote d'Ivoire.

... PGA also recalls that by virtue of a formal Declaration of Acceptance, Cote d'Ivoire has accepted the full and binding jurisdiction of the International Criminal Court (ICC) for an unspecified period of time, in accordance with Article 12 (3) of the Rome Statute of the ICC. PGA therefore fully expects and anticipates that any breaches of the Rome Statute will be fully investigated and prosecuted by Cote d'Ivoire under complementarity with the knowledge that the ICC Prosecutor remains ready to play his role if necessary. ..."

2. "Côte d'Ivoire: Pro-Gbagbo Forces Abducting Opponents", Human Rights Watch, 23 December 2010, http://www.hrw.org/en/news/2010/12/23/c-te-d-ivoire-pro-gbagbo-forces-abducting-opponents

"Security forces associated with Laurent Gbagbo are abducting and 'disappearing' his rival's supporters, Human Rights Watch said today, citing statements from numerous witnesses. Alassane Ouattara, Gbagbo's rival, is widely believed to have won last month's disputed presidential election in Côte d'Ivoire. Ivorian leaders who order and encourage these kinds of grave human rights abuses could be held accountable by the International Criminal Court (ICC), Human Rights Watch said....

'Abducting, disappearing, and killing perceived political opponents are horrific human rights crimes, which can and should be punished,' said Rona Peligal, Africa director at Human Rights Watch....

The ICC prosecutor, Luis Moreno-Ocampo, has said that he would pursue those responsible if deadly violence breaks out in Côte d'Ivoire. Although Côte d'Ivoire is not a party to the ICC, in 2003 the government made a declaration accepting the ICC's jurisdiction 'for the purposes of identifying, investigating and trying the perpetrators and accomplices of acts committed on Ivorian territory since the events of 19 September 2002.'

Such crimes include war crimes, crimes against humanity, or acts of genocide. This declaration remains in force. Under the Rome Statute, which established the court, acts such as murder, the enforced disappearance of persons, and urging persecution of a national, ethnic, or political group could qualify as crimes against humanity under ICC jurisdiction when committed as part of a widespread or systematic attack against civilians. ..."

B. RELATED NEWS AND OPINIIONS

1. "Côte d'Ivoire: Group Releases Statement Before the UN Human Rights Council", All Africa, 23 December 2010, http://allafrica.com/stories/201012240053.html
2. "Côte d'Ivoire / Human Rights Council debates situation of Human Rights in Côte d'Ivoire", All Africa, 23 December 2010, http://allafrica.com/stories/201012230785.html
3. "UN Human Rights Council misses opportunity to protect Côte d'Ivoire population", Ethiopian Review/Amnesty Int'l, 24 December, http://www.ethiopianreview.com/news/201004/?p=2167
4. "Pro-Gbagbo Forces Abduct Opponents: Disappearances, Killings May Fall Under ICC Jurisdiction", by Tirana Hassan, New Liberian, 24 December 2010, http://newliberian.com/?p=1281 5. "Côte d'Ivoire: Pro-Gbagbo Forces Abducting Opponents", TTKN News, 30 December 2010, http://www.ttkn.com/law-and-order/cote-d’ivoire-pro-gbagbo-forces-abducting-opponents-6802.html
6. "ECOWAS mediation must prioritise human rights in Côte d'Ivoire" , Amnesty International, 2 January, http://www.amnesty.org/en/news-and-updates/ecowas-mediation-must-prioritise-human-rights-côte-d’ivoire-2011-01-02
7. "Who will pay for violence in Ivory Coast?" by Matt Wells, CNN, 6 January, http://www.cnn.com/2011/OPINION/01/05/wells.ivory.coast.rights/
8. "Cote d'Ivoire: ICC ready to investigate crimes in Cote d'Ivoire", Afrique en ligne, 22 December 2010, http://www.afriquejet.com/news/africa-news/cote-d'ivoire:-icc-ready-to-investigate-crimes-in-cote-d'ivoire-2010122264995.html
9. "Ivory Coast's Soro Asks ICC to Look at Killings, Liberation Says", Bloomberg, 23 December 2010, http://www.bloomberg.com/news/2010-12-23/ivory-coast-s-soro-asks-icc-to-look-at-killings-liberation-says.html
10. "Ouattara ally calls on ICC to probe Ivory Coast violence", by Michael Logan, DPA/Daily Me, 23 December 2010, http://dailyme.com/story/2010122300002947/ouattara-ally-calls-icc-probe-ivory.html
11. "Would-be PM Soro calls for ICC mission to I.Coast", AFP/Google, 23 December 2010, http://www.google.com/hostednews/afp/article/ALeqM5iH-nWn2iU3jrvv3Mh6DOR8X1kvlQ?docId=CNG.437d495ec4163c5f0920d56a99d1a0f5.6c1
12. "Calls for ICC probe as UN confirms 173 dead in Ivory Coast", DPA/Monsters & Critics, 23 December 2010, http://www.monstersandcritics.com/news/africa/news/article_1607640.php/Calls-for-ICC-probe-as-UN-confirms-173-dead-in-Ivory-Coast
13. "Calls for ICC probe over Ivory Coast violence", India Talkies, 24 December 2010, http://www.indiatalkies.com/2010/12/calls-icc-probe-ivory-coast-violence.html
14. "Ouattara asks Hague to investigate I.Coast violence", Reuters, 24 December, http://af.reuters.com/article/commoditiesNews/idAFLDE6BN0M020101224
15. "Gbagbo, Cote d'Ivoire leader, may face International Criminal Court", by Hugo Odiogor, Vanguard, 25 December 2010, Vanguard/ AllAfrica, http://allafrica.com/stories/201012260009.html
16. "SERAP petitions ICC over Côte d'Ivoire killings", The Nation, 27 December 2010, http://thenationonlineng.net/web3/news/22933.html
17. "UN threatens Ivorian leaders with possible war crimes", Afronline, 3 January 2011, http://www.afronline.org/?p=11635 18. "Amnesty for Gbagbo if he steps aside peacefully: AU" , Zeenews.com, 5 January 2011, http://www.zeenews.com/news678732.html
19. "Gbagbo must face international justice, says rival", by Tom Burgis, Financial Times, 6 January 2011, http://www.ft.com/cms/s/0/1eb73934-19b7-11e0-b921-00144feab49a.html#axzz1BzjLjs6t
20. "I. Coast's Gbagbo has 'blood on his hands': rival", AFP, 6 January 2011, http://news.yahoo.com/s/afp/20110106/ts_afp/icoastpoliticsunrest_20110106143218
21. "ICC closely monitoring Ivory Coast situation says Deputy Prosecutor", Shout-Africa, 7 January 2011, http://www.shout-africa.com/news/ivory-coast-icc-closely-monitoring-ivory-coast-situation-says-deputy-prosecutor/
22. "Ivory Coast Smolders, Caught Between Presidents", by Scott Simon, NPR, 8 January 2011, http://www.npr.org/2011/01/08/132760348/Ivory-Coast-Smolders-Caught-Between-Presidents
23. "Ouattara Spokesman: ICC Investigation of Atrocities to Begin", by Peter Clottey, VOA News, 13 January 2011, http://www.voanews.com/english/news/africa/Ouattara-Spokesman-ICC-Investigation-of-Atrocities-to-Begin--113526439.html
24. "UN chief concerned by Ivorian attacks on civilians, peacekeepers", Eurasia Review/ VOA News, 15 January 2011, http://www.eurasiareview.com/world-news/world/un-chief-concerned-by-ivorian-attacks-on-civilians-peackeepers-15012011/
25. "UN: Ethnic: clashes in Cote d'Ivoire a precursor to genocide?", IPS, 20 January 2011, no link available 26. "At UN, Ouattara Diplomat Bamba to Meet with Ocampo of ICC, Museveni and Zuma Side With Gbagbo" by Matthew Russell Lee, Inner City Press, 25 January 2011, http://www.innercitypress.com/cote4bamba012411.html
27. "ICC probing attacks on UN in I. Coast: prosecutor", AFP, 25 January 2011, no link available 28. "Gbagbo forces accused over killings, rapes in I. Coast", AFP, 25 January 2011, http://www.google.com/hostednews/afp/article/ALeqM5irN6l4d4S7kMPlADzZDhBalkfHzw?docId=CNG.66611c06a3acd7de23902bf90fe8c74c.12d1
29. "ICC probes attacks on UN in Ivory Coast", RNW, 26 January 2011, http://www.rnw.nl/international-justice/article/icc-probes-attacks-un-ivory-coast

II. GEORGIA

A. ICC OFFICE OF THE PROSECUTOR STATEMENT

1. "OTP concludes second visit to the Russian Federation", OTP Press Statement, 4 February 2011, http://www.icc-cpi.int/NR/exeres/671DDE04-CC6F-4717-8A44-79ECAE2DB678.htm

"A delegation from the Office of the Prosecutor (OTP) of the International Criminal Court today concluded a two-day visit to the Russian Federation.

The main purpose of the 2-4 February visit was to follow up on the OTP's previous mission to Moscow, and to gather further information from Russian authorities regarding on-going national investigations into crimes allegedly committed in the context of the armed conflict in South Ossetia, Georgia in August 2008. The Court has jurisdiction over ICC crimes allegedly committed in the territory of Georgia by all parties to the conflict, including forced displacement of civilians, directing attacks against protected persons and widespread destruction of civilian objects.

The delegation met with senior officials from the Ministry of Foreign Affairs and representatives of the Prosecutor-General's Office of the Russian Federation, and received a comprehensive update on the progress of national investigations undertaken by the investigative committee.

'We commend the Russian authorities for their cooperation and for their willingness to share their preliminary conclusions with the Office' said the Prosecutor...."

SEE ALSO:

2. "OTP Concludes Second Mission to the Russian Federation in the Context of its Preliminary Examination into the Situation in Georgia", OTP Weekly Briefing, 1-7 February 2011, http://www.icc-cpi.int/menus/icc/structure of the court/office of the prosecutor/weekly briefings/topwb010711

III. HONDURAS

A. COALITION MISSION TO HONDURAS

The Coalition's Regional Coordinator for the Americas Francesca Varda will be conducting a mission to Honduras on 20-25 February 2011 to meet with government representatives and civil society organizations and learn of the different initiatives underway to investigate and prosecute crimes that could fall under the International Criminal Court's mandate.

B. HRW PRESS RELEASE AND REPORT

1. "Honduras: Prosecute Post-Coup Abuses - Attacks and Threats Remain a Very Serious Concern," HRW, 20 December 2010, http://www.hrw.org/en/news/2010/12/19/honduras-prosecute-post-coup-abuses?tr=y&auid=7558311

"In the aftermath of Honduras's 2009 coup, security forces under the de facto government beat demonstrators, detained people arbitrarily, and shut down media outlets.

... Court cases concerning crimes committed after the coup have been stalled - in part because various state agencies won't cooperate with Honduras's human rights unit. Security forces have failed to turn over firearms for ballistics tests and ignored requests to identify officers accused of crimes. Investigations into the officers' actions lack independence.

... Until Honduran authorities take concrete steps to hold people accountable for past actions and to stop the attacks, it will be difficult to restore trust in the country's democratic system."

2. "After the Coup: Ongoing Violence, Intimidation, and Impunity in Honduras," HRW Report, 20 December 2010, http://www.hrw.org/node/94958

IV. OCCUPIED PALESTINIAN TERRITORIES

A. NGO STATEMENTS

1. "Justice for victims of the conflict in Gaza and southern Israel", Amnesty International, 17 January 2011, http://www.amnesty.org/en/appeals-for-action/justice-victims-gaza-conflict

" ... Two years after the conflict, the authorities in Israel and Gaza are still denying victims justice by their continuing failure to conduct comprehensive and effective investigations. The Hamas authorities have failed to seriously investigate violations by Palestinian armed groups and no one in Gaza has been brought to justice for abuses during the conflict.

... In March 2011, the Human Rights Council will meet again to consider the implementation of the recommendations of its Fact-Finding Mission, including the status of the domestic investigations. Disturbingly, at its last session in September 2010, it avoided taking any meaningful measures to respond to the obvious impunity that continues to exist. It is vital that the Human Rights Council now supports effective action to further international justice.

War crimes, crimes against humanity and other serious human rights violations are crimes against each and every one of us. ..."

2. "Is the Goldstone Report Dead, High Commissioner?" Open Letter from 13 Palestinian and Israeli Human Rights Organisations to the United Nations High Commissioner for Human Rights, Navanetham Pillay, on her first official visit to the Occupied Palestinian Territory, 4 February 2011, http://www.alhaq.org/etemplate.php?id=569

"As Palestinian and Israeli human rights organisations, we welcome your first visit to the region and take this occasion to ask: is the Goldstone report dead? Over two years have passed since the end of the Israeli offensive "Operation Cast Lead" on the Gaza Strip, and justice for victims has yet to be addressed. Should these victims give up on the UN in their search for accountability? Or is there a way out from the prevailing culture of impunity? The opportunity to achieve justice is being hijacked by political interests and we seek your unequivocal support on behalf of the victims. Achieving justice is essential to prevent further violations of international law and to lay the foundations for a just and long lasting peace in the region.

The Goldstone report, published in September 2009, presents strong evidence that war crimes and possibly crimes against humanity were committed during "Operation Cast Lead." The report, endorsed by both the UN Human Rights Council and the General Assembly, provides a clear framework to ensure justice for victims in accordance with international law, including referral to the UN Security Council, the International Criminal Court and the exercise of universal jurisdiction. Over a year later, justice has not been delivered to the victims.

... The UN must seize this opportunity to demonstrate its declared commitment to justice as stated by the Secretary-General in his address to the General Assembly in January 2011. We trust that you and your Office will use all means at your disposal, including high-profile advocacy, to ensure that the Palestinian people are fully included in the UN-proclaimed "new era of accountability" and that impunity does not prevail once again. ..."

B. RELATED NEWS & OPINIONS

1. "Quisling Palestinian Authority Buries Goldstone Report" by Tony Greenstein, Tony Greenstein's Blog, 27 December 2010, http://azvsas.blogspot.com/2010/12/quisling-palestinian-authority-buries.html
2. "Britain - Britain 'must push UN to probe war crimes'; Amnesty calls for investigation into 22-day conflict", Morning Star, 18 January 2011, no link available 3. "Gaza conflict: reconfigured committee following up on "Goldstone Report" to meet in Geneva", OHCHR/YubaNet, 24 January, http://yubanet.com/world/Gaza-conflict-reconfigured-committee-following-up-on-Goldstone-Report-to-meet-in-Geneva.php
4. "UN panel to follow up on Goldstone meets in Geneva" by Jordana Horn, J Post, 25 January, http://www.jpost.com/International/Article.aspx?id=205085

V. REPUBLIC OF KOREA

A. RELATED NEWS & OPINIONS

1. "Foreign minister meets ICC president over N.K.", by Shin Hae-in, The Korea Herald, 23 December 2010, http://www.koreaherald.com/national/Detail.jsp?newsMLId=20101223000836
2. "FM Kim promises S. Korea's support for ICC's preliminary probe into N. Korean attacks", Yonhap News, 23 December 2010, http://english.yonhapnews.co.kr/national/2010/12/23/1/0301000000AEN20101223007700315F.HTML
3. "Int'l Criminal Court asks North Korea for info in war crimes probe", The Mainichi Daily News, 26 January 2011, http://mdn.mainichi.jp/mdnnews/international/news/20110126p2g00m0in070000c.html

VI. NIGERIA

A. RELATED NEWS & OPINIONS

1. "Group seeks international trial for promoters of Jos violence", by Ifedayo Adebayo, 234NEXT, 31 December 2010, http://234next.com/csp/cms/sites/Next/News/Metro/Politics/5659932-147/story.csp
2. "Nigeria: When You See a Galloping Mare With a Saddle", by Abba Mahmood, 30 December 2010, All Africa, http://allafrica.com/stories/201012300228.html
3. "Nigeria: Jos - Saving Jonathan From ICC" by Emmanuel Onwubiko, Leadership (Abuja)/AllAfrica, 2 February 2011, http://allafrica.com/stories/201102020560.html

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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