Follow Us:

Prosecutor Requests Opening of ICC Investigation in Cote d'Ivoire: Latest Media Statements

23 June 2011

Dear all,

Please find below the latest media statements issued in relation to the Prosecutor's request to open an International Criminal Court investigation into the situation in Cote d'Ivoire.

Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC 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.

With regards,

CICC Secretariat

www.coalitionfortheicc.org

********************************************

I. ICC- OTP MEDIA STATEMENT

Note: This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.

ICC Prosecutor requests judges for authorization to open an investigation in Cote d’Ivoire, ICC-OTP-20110623-PR686, Press release, 23 June 2011, http://www.icc-cpi.int/NR/exeres/F9AF01D6-28E5-4533-9398-3F4B616BB7DB.htm

“The International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo has requested ICC judges for authorization to open an investigation into war crimes and crimes against humanity allegedly committed in Cote d’Ivoire since 28 November 2010. If the Judges grant the authorization, the Office of the Prosecutor will open an independent and impartial investigation into the crimes committed there.

According to the sources quoted by the Prosecution in its application, at least 3000 persons were killed, 72 persons disappeared and 520 persons were subject to arbitrary arrest and detentions in Cote d’Ivoire during the post election violence. There are also over 100 reported cases of rape, while the number of unreported incidents is believed to be considerably higher.

The reports quoted by the Prosecution provide reasonable basis to believe that pro-Gbagbo forces and pro-Ouattara forces committed crimes falling under the jurisdiction of the ICC. The identification of the persons who bear the greatest criminal responsibility for ordering or facilitating the most serious of these crimes is the main objective of the envisaged investigation.

This is the first time the ICC may open a case in a State not Party to the Rome Statute, which has however accepted the jurisdiction of the Court. So far, all ICC cases related to crimes committed on the territory of State Parties to the Rome Statute, or otherwise were subsequent to referral from the Security Council.

President Ouattara sent a letter urging the Prosecution to open the investigation and he is working closely with the regional organization ECOWAS to make sure that crimes do not go unpunished in Cote d’Ivoire. This shows not only the continent’s commitment to fighting impunity but also African leadership in steering the course of international justice. If authorized, Cote d’Ivoire will be the 7th investigation in Africa. The Prosecution will continue contributing to Africa’s efforts to end impunity for these crimes and prevent their repetition. “We are working with African leaders to protect African victims”, Prosecutor Moreno-Ocampo stated.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes....”

II. COALITION MEDIA STATEMENTS

1. “Prosecutor Requests Opening of ICC Investigation in Cote d’Ivoire: Prosecutor Seeks Judges’ Authorization to Investigate 2010 Post-Election Violence,” Coalition for the ICC, 23 June 2011, http://www.coalitionfortheicc.org/documents/CotedIvoire_OTPRinvestigationRequest_CICCMA_230611.pdf

WHAT: On 23 June 2011, the Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo requested authorization from Pre-Trial Chamber II to open an investigation into war crimes and crimes against humanity allegedly committed in Cote d’Ivoire following the presidential election of 28 November 2010. Judges of Pre-Trial Chamber II will now have to consider whether or not there is a reasonable basis to proceed with an investigation and whether the matter falls within the Court’s jurisdiction.

HOW: For the Court to open an investigation, a situation can be referred to the Court by a State Party, the United Nations Security Council or initiated by the ICC prosecutor himself, with authorization of the Judges. Today is the second time in the Court’s history that the ICC Prosecutor has sought to open an investigation on his own initiative i.e. ‘proprio motu’, in accordance with article 15 of the Rome Statute – the Court’s founding treaty. After a preliminary examination, the Prosecutor concluded that there is a reasonable basis to believe that crimes within the jurisdiction of the Court have been committed in Cote d'Ivoire since 28 November 2010. However, the Prosecutor must receive the authorization of ICC Judges before the official investigation can be opened.

WHY: The ICC Prosecutor has been examining the situation in Cote d’Ivoire since 2003 in order to determine whether an investigation is warranted, following the submission of a declaration by the then Ivorian government recognizing the jurisdiction of the Court. On 14 December 2010, newly-elected President of Cote d'Ivoire Alassane Ouattara sent a letter to the Office of the Prosecutor (OTP) reaffirming the Ivorian government’s acceptance of the Court’s jurisdiction. On 4 May 2011, President Ouattara reiterated his wish that the Court open an investigation into the most serious crimes allegedly committed on Ivorian territory since 28 November 2010 in relation to the disputed elections. In his letter, President Ouattara stated that in spite of his efforts to re-establish the rule of law and the impartiality of the judiciary in Cote d’Ivoire, Ivorian justice was not best placed to investigate and prosecute those bearing the greatest criminal responsibility for these crimes and that the ICC should do so. President Ouattara also reaffirmed his intention to fully cooperate with any ICC investigation and to ratify the Rome Statute as soon as possible. It is the first time that the Court may open an investigation into a state which is not a party to the Rome Statute but which has accepted the Court’s jurisdiction.

COMMENTS: Members of the Cote d’Ivoire Coalition for the ICC have been calling for the opening of an ICC investigation into crimes committed there since 2003. But they insist that only focusing on the post 2010 election time-frame will damage the credibility of the Court.

“Ivorian civil society organizations welcome this development by the Office of the Prosecutor as a step towards accountability for wrongs that have gone unpunished in the country,” said Ali Ouattara, President of the Cote d’Ivoire Coalition for the ICC (CI-CPI). “However, the CI-CPI as well as the majority of NGOs working in human rights and the majority of the population hope that the investigations cover crimes committed in 2002 as requested in the 2002 declaration accepting the jurisdiction of the Court.”

“The violation of human rights in Cote d’Ivoire and the crimes against humanity did not begin on 28 November 2010,” stated Nathalie Kone Traore, Executive Secretary at the Centre Féminin pour la Démocratie et les Droits Humains. “In all fairness and objectivity, it is desirable that investigations be conducted into crimes committed since the crisis began in 2002. This would enhance the credibility of the Court,” she further emphasized. “As President of an organization promoting women's rights, I find this limitation difficult to understand and accept. At least 30 NGOs we work with believe that the initiation of investigations since September 2002 would be fairer and more credible. It would avoid the perception of victor's justice."

“The request to initiate an investigation is a positive step towards accountability in Cote d’Ivoire and in the absence of any national investigations,” said Francis Dako, the Coalition’s Africa Coordinator. “Should Judges authorize his investigation, the entire world will be watching to see how the ICC handles its important task, so it is important to do it right,” he stated. If President Ouattara does not have the resources to investigate human rights violations then it falls to the ICC to do so. However the ICC must do so impartially to bring those most responsible to justice not matter what side of the conflict they participated in,” he added.

BACKGROUND: While Cote d’Ivoire is not a state party to the Rome Statute, the previous government under former President, Laurent Gbabgo had accepted the Court’s jurisdiction in the territory on 18 April 2003. Following his assumption of power, President Ouattara reaffirmed the original acceptance of jurisdiction and indicated his confidence in the ability of the ICC to fairly and impartially render justice to victims and hold perpetrators of grave crimes accountable.

On 20 May 2011, the Presidency of the ICC assigned the situation in the Republic of Cote d’Ivoire to ICC Pre-Trial Chamber II following the letter of 19 May 2011, by which the Prosecutor informed the President of the Court of his intention to submit a request to the Pre-Trial Chamber for authorization to open investigations into the situation in Cote d'Ivoire since 28 November 2010. Pre-Trial Chamber II is composed of Presiding Judge Ekaterina Trendafilova, Judge Hans-Peter Kaul and Judge Cuno Tarfusser….”

2. “ICC finally in Cote d’Ivoire: NPWJ welcomes ICC Prosecutor’s request to open an investigation; concerned request only covers crimes committed after 28 November 2010,” Media statement, No Peace Without Justice, 23 June 2011

http://www.npwj.org/ICC/ICC-finally-Cote-d’Ivoire-NPWJ-welcomes-ICC-Prosecutor’s-request-open-investigation-concerned-re

“Today the Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, has requested authorisation from the Pre-Trial Chamber to open an investigation into war crimes and crimes against humanity allegedly committed on the territory of Cote d’Ivoire since 28 November 2010. Cote d’Ivoire accepted the exercise of jurisdiction by the ICC through the submission of declarations under article 12(3) of the Rome Statute in 2003 and again in 2011.

Statement by Alison Smith, Legal Counsel of No Peace Without Justice:

“No Peace Without Justice (NPWJ) and the Transnational Nonviolent Radical Party (TNRP) welcome the Prosecutor’s request to open an investigation into crimes against humanity and war crimes committed in Cote d’Ivoire. However, the request is limited to an investigation of events that followed 28 November 2010. We consider an ICC investigation into the extreme violence that erupted after the last disputed elections as a fundamental step to ensure justice is finally done in Cote d’Ivoire. However, we are very concerned that the Prosecutor has restricted the focus of his request to events that happened since November 2010.

“The situation in Cote d’Ivoire has been under preliminary examination by the ICC Office of the Prosecutor (OTP) since 1 October 2003, when then President Gbagbo agreed the Court may exercise jurisdiction over events since 19 September 2002. Cote d’Ivoire’s own history demonstrates that granting impunity for serious crimes only encourages those crimes to continue, whether by the same perpetrators or others. The people of Cote d’Ivoire deserve a chance for lasting peace, which in turn requires impartial and effective justice.

The ICC together with the Ivorian Government should make clear their commitment to stand on the side of victims in Cote d’Ivoire for the crimes committed in the last decade, not just those committed in the last 6 months. To break Cote d'Ivoire's cycle of violence and impunity, immediate and strong measures should urgently be taken to ensure that all perpetrators of human rights abuses and crimes under international law against the civilian population are brought to justice, irrespective of their rank or political allegiance.

“We call on the ICC Prosecutor and President Alassane Ouattara to investigate fully the entirety of crimes committed by all forces in Cote d'Ivoire since 2002. Limiting the investigation to recent crimes when it is possible to investigate crimes since 2002 only opens the Prosecutor to suggestions of partiality in the selection of cases and individuals for prosecution at a later stage. We further urge President Ouattara to demonstrate his full commitment to human rights, as indicated by accepting the Court’s jurisdiction, by ensuring Gbagbo supporters currently detained in Cote d’Ivoire are either charged promptly or released.

“NPWJ and the TNRP also urge the Court to start outreach in Cote d’Ivoire as soon as possible. With the Prosecutor’s request to open an investigation for a limited period of time compared to the past violence, there is now even a greater need to engage the people of Cote d’Ivoire in two‑way dialogue to promote understanding of the Court and manage expectations, with a particular focus on women and children.” ...”

3. "Cote d’Ivoire: ICC Prosecutor Seeks Investigation - Justice for Crimes Prior to Recent Violence and by Both Sides Vital," Press Release, Human Rights Watch, 23 June 2011, http://www.hrw.org/en/news/2011/06/23/c-te-d-ivoire-icc-prosecutor-seeks-investigation

"The prosecutor of the International Criminal Court (ICC) has taken a significant step toward ensuring that those responsible for grave crimes committed in Cote d’Ivoire are held to account, Human Rights Watch said today.

The ICC prosecutor submitted a request on June 23, 2011, to open an investigation into crimes committed in Cote d’Ivoire following the November 2010 presidential election run-off between then-president Laurent Gbagbo and Alassane Ouattara, who was recognized internationally as the winner. Ouattara has asked the ICC for help to investigate crimes committed in Cote d’Ivoire.

“The ICC prosecutor’s decision underscores the importance of holding perpetrators to account for Cote d’Ivoire’s deadly spate of post-election violence,” said Elise Keppler, senior international justice counsel at Human Rights Watch. “It will be important that ICC investigations go beyond the latest abuses, though, and address terrible crimes committed over the past decade. That is a matter for the pretrial chamber to decide.”

A decision by the ICC prosecutor to act on his own initiative to open an investigation – known as using his propio motu power – requires approval by the ICC judges. The prosecutor must demonstrate that there is a “reasonable basis to proceed,” taking into account the court’s requirements concerning the gravity of the crimes and the inability or unwillingness of national courts to prosecute. Following the first request by the ICC prosecutor to open an investigation on his own initiative, for the situation in Kenya, the pretrial chamber authorized an investigation into crimes committed over a wider period of time than the prosecutor initially requested.

Serious crimes in violation of international law – including war crimes and likely crimes against humanity – were committed by forces loyal to Gbagbo and Ouattara between December 2010 and April 2011. Crimes under the ICC’s Rome Statute documented by Human Rights Watch in January, March, April, and June of this year include murder, rape and other sexual violence, enforced disappearances, and intentional attacks against the civilian population.

The post-election violence capped more than a decade of human rights abuses in Cote d’Ivoire, beginning with the violence-marred elections in 2000 and the 2002-2003 armed conflict and its aftermath. Human Rights Watch, the United Nations, and others documented grave violations of international law by forces under the control of Gbagbo and the current prime minister, Guillaume Soro, including murder, sexual violence, and the use of child soldiers. No one has been credibly prosecuted for the crimes during this period, and a 2004 UN Commission of Inquiry report on crimes during the 2002-2003 conflict also has been kept secret.

Even if the ICC opens an investigation, the ICC prosecutor has to date pursued only a small number of cases in situations under investigation. Holding fair domestic trials in Cote d’Ivoire will therefore continue to be very important, Human Rights Watch said.

“Regardless of whether the ICC opens an investigation in Cote d’Ivoire, domestic prosecutions will also be needed,” Keppler said. “Key donors – including the European Union and the United States – should help the new Ivorian government to identify what is needed for fair trials of serious crimes.”

Human Rights Watch called on donor countries and institutions to help Cote d’Ivoire find the support it needs to pursue impartial, independent, and credible domestic prosecutions of serious crimes that violate international law.

Dozens of people alleged to have participated in or overseen abuses by the former Gbagbo forces, including the former president and his wife, have been in detention in Cote d’Ivoire for over two months. The justice minister recently said that preliminary investigations have been completed in some cases by civilian or military prosecutors, though formal charges have not been initiated. Human Rights Watch called on the government to initiate proceedings swiftly against people in detention to end their legal limbo.

In sharp contrast, though, no member of the Republican Forces has been arrested or detained for grave post-election crimes, despite consistent reports of their involvement in war crimes and potential crimes against humanity.

“Impartial justice will be essential to rebuilding respect for the rule of law in Cote d’Ivoire," Keppler said. “Both the ICC and national efforts should investigate and prosecute crimes by both sides.”

The ICC prosecutor has been criticized for having an undue focus on Africa because the court’s six current investigations relate to alleged crimes committed in African countries. However, three – Uganda, Democratic Republic of Congo, and Central African Republic – came about as a result of referrals by countries where the crimes were committed. Two more – the Darfur region of Sudan and Libya – came about as a result of a UN Security Council referral. The prosecutor acted on his own initiative to open only one investigation, for crimes committed in Kenya during post-election violence from 2007 to 2008.

The ICC prosecutor is also looking at a number of other situations in countries around the world. These include Afghanistan, Colombia, Georgia, Guinea, Honduras, and Nigeria. The Palestinian National Authority has also petitioned the ICC prosecutor to accept jurisdiction over alleged crimes committed in Gaza.

African civil society organizations and international organizations with a presence in Africa have called for African governments to support the ICC as a crucial court of last resort to ensure justice for victims.

Cote d’Ivoire is not a state party to the ICC, but the Ivorian government in 2003 submitted a declaration giving the court jurisdiction for events after September 19, 2002. Ouattara reaffirmed the declaration at the end of 2010. While such declarations provide jurisdiction, they do not trigger an ICC investigation, which requires a referral by an ICC state party, referral by the UN Security Council, or a decision by the prosecutor to act on his initiative...."

SEE ALSO:

4. "Toward a New Cote d’Ivoire – or the Selective Justice of the Past?" OP-ED by Matt Wells, West Africa Researcher at Human Rights Watch, Huffington Post, 22 June 2011, http://www.hrw.org/en/news/2011/06/22/toward-new-c-te-d-ivoire-or-selective-justice-past

5. "Cote d'Ivoire: Six months of post-electoral violence: Summary," Report summary. Amnesty International, 25 May 2011, http://www.amnesty.org/en/library/asset/AFR31/003/2011/en/cee4c3da-2f40-4575-8d9f-f1aee7bf483b/afr310032011en.pdf

6. "‘They looked at his identity card and shot him dead’: Six months of post-electoral violence in Cote d'Ivoire," Amnesty International, May 2011, http://amnesty.org/en/library/asset/AFR31/002/2011/en/bb769d9e-874f-442e-9454-993977a35f95/afr310022011en.pdf

7. "Cote d'Ivoire: Both sides responsible for war crimes and crimes against humanity," Press release, Amnesty International, 25 May 2011, http://www.amnesty.org/en/news-and-updates/report/côte-divoire-both-sides-responsible-war-crimes-and-crimes-against-humanity-2

8. “Cote d’Ivoire: Impartial Justice Top Task for Ouattara: Accountability, Rebuilding Rule of Law Crucial to End Crisis”, Media Statement, Human Rights Watch, 19 May 2011, http://www.hrw.org/en/news/2011/05/19/c-te-d-ivoire-impartial-justice-top-task-ouattara

********************************************

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