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Cote D Ivoire: Latest Statements, News and Opinion

01 Dec 2011

Dear All,

On 30 November 2011, Laurent Gbagbo was transferred to the International Criminal Court (ICC) following the issuance of an ICC arrest warrant under seal.

The suspect is scheduled to make his initial appearance on Monday 5 December 2011 at 14:00 (CET). The hearing will be broadcasted live on the ICC website at: http://livestream.xs4all.nl/icc1.asx

Please find below latest media advisories and documents issued by the International Criminal Court (I) and the Coalition for the International Criminal Court (II), as well as news and opinions (III) relating to this development.

Please 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

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I. ICC STATEMENTS AND DOCUMENTS

1. "Practical information for media: The initial appearance hearing in the case against Laurent Koudou Gbagbo is scheduled for Monday 5 December 2011," ICC-ASP-20111128-MA114, 30 November 2011, http://www.icc-cpi.int/menus/icc/press and media/press releases/practical information for media_ the initial appearance hearing in the case against laurent koudou g?lan=en-GB

"The initial appearance of Laurent Koudou Gbagbo before Pre-Trial Chamber III of the International criminal Court (ICC) is scheduled for Monday, 5 December 2011, at 14:00 (The Hague local time).
During this public hearing, Pre-Trial Chamber III, composed of Judges Silvia Fernández de Gurmendi (presiding judge), Elizabeth Odio Benito and Adrian Fulford, will verify the identity of the suspect and ensure that he was clearly informed of the charges brought against him and of his rights under the Rome Statute. At the end of this first appearance, the Pre-Trial Chamber will set the date of the next step in the pre-trial proceedings: the hearing on the confirmation of charges.
Mr Gbagbo, born on 31 May 1945, former President of Côte d'Ivoire, allegedly bears individual criminal responsibility, as an indirect co-perpetrator, for four counts of crimes against humanity, namely murder, rape and other sexual violence, persecution and other inhuman acts, allegedly committed in the context of post-electoral violence in the territory of Côte d'Ivoire between 16 December 2010 and 12 April 2011.
Mr Gbagbo was transferred to the ICC's custody on 30 November 2011, in accordance with a warrant of arrest issued by Pre-Trial Chamber III on 23 November 2011. Upon the completion of the transfer, the ICC Registrar, Ms Silvana Arbia, expressed her thanks to the authorities of the Host State, the Netherlands, and the Ivorian authorities for their full cooperation with the ICC, which allowed a successful and swift transfer of the suspect to the ICC detention centre.

For further information and updates on this case, click here: http://www.icc-cpi.int/Menus/Go?id=9cfe32d1-2fcb-4eb4-aca0-81c2343c5eca&lan=en-GB

Web streaming of the hearing
The hearing will be held in open session unless ordered otherwise. The proceedings can be followed live on the ICC website at:
Courtroom I :
* English: http://livestream.xs4all.nl/icc1.asx
* French: http://livestream.xs4all.nl/icc2.asx

Hearing summaries and AV programmes

Audio and video summaries of the hearing will be available shortly on the ICC YouTube channel [http://www.youtube.com/IntlCriminalCourt] for viewing and for downloading in broadcast quality on an ftp server.

"In the courtroom" programme (radio and television) in French will be available for broadcast later in the day

Attending the hearing

Journalists attending the initial appearance hearing on 5 December are kindly asked to:
* confirm their attendance by sending an email to [email protected];
* arrive no later than 13:30 (The Hague local time);
* use the public entrance located at Regulusweg; and
* present a valid press identification card. [...]"

SEE ALSO:

2. "Questions and Answers on the case The Prosecutor v. Laurent Koudou Gbagbo," International Criminal Court, November 2011, http://www.icc-cpi.int/iccdocs/PIDS/publications/GbagboQandAEng.pdf

3. "ICC at a Glance, Case The Prosecutor v. Laurent Koudou Gbagbo," International Criminal Court, 30 November 2011 [VIDEO]
http://www.youtube.com/watch?v=4m0Lc11O5gg
Audio (mpeg 3):
http://www.fileserver.icc-cpi.info/audio/111130_Gbagbo_ICC.mp3
Video (mpeg 4):
http://www.fileserver.icc-cpi.info/video/111130_Gbagbo_ICC.mp4

4. "Interview with Gilbert Bitti, Senior Legal Advisor, Pre-Trial Division," International Criminal Court, 30 November 2011 [VIDEO]
Audio (mpeg 3) :
http://www.fileserver.icc-cpi.info/audio/111130_ICC_Gbagbo_FEED_Radio.mp3
Video (mpeg 4):
http://www.fileserver.icc-cpi.info/video/111130_ICC_Gbagbo_FEED_Tv.mp4
Video (mpeg 2):
http://www.fileserver.icc-cpi.info/video/111130_ICC_Gbagbo_MPEG-2UNifeed.mpg

5. "Warrant of arrest for Laurent Koudou Gbagbo," ICC-02/11-01/11-1, 23 November 2011, http://www.icc-cpi.int/iccdocs/doc/doc1276751.pdf

6. "New suspect in the ICC's custody: Laurent Gbagbo arrived at the detention centre," press release, International Criminal Court, ICC-CPI-20111130-PR747, 30 November 2011, http://www.icc-cpi.int/NR/exeres/4814FA54-AF2D-4EA3-8A89-9E809318D1D8.htm

7. "Ivorian victims will see justice for massive crimes: Mr. Gbagbo is the first to be brought to account, there is more to come," Statement, Office of the Prosecutor, ICC, 30 November 2011, http://www.icc-cpi.int/menus/icc/structure of the court/office of the prosecutor/reports and statements/statement/“ivorian victims will see justice for massive crimes_ mr_ gbagbo is first to be brought to account_?lan=en-GB

II. COALITION MEDIA STATEMENTS

1. "Côte d'Ivoire. The transfer of Laurent Gbagbo marks the first significant," Amnesty International Press release, 30 November 2011, http://www.coalitionfortheicc.org/documents/afr310122011en.pdf

"The transfer of former President Laurent Gbagbo to the International Criminal Court (ICC) marks the first significant step towards addressing impunity for crimes against humanity committed in the country, in particular between 2002 and 2011.

The transfer of Laurent Gbabgo gives hope to some of the thousands of victims of these crimes committed by all parties over nearly a decade. However, the ICC Prosecutor should not limit the investigation by focusing only on the crimes under international law committed since December 2010.

On 29 November 2011, Laurent Gbagbo was surrendered to the ICC by the national authorities of Côte d'Ivoire following a warrant of arrest issued under seal by the judges of the Pre-Trial Chamber III on 23 November 2011. The crimes included in the warrant of arrest are murder, rape and other forms of sexual violence, persecution and other inhumane acts.

Amnesty International has repeatedly called upon the Ivorian authorities and the ICC Prosecutor to investigate all crimes under international law committed by all parties. The organization has documented crimes against humanity, as well as war crimes, including murder, enforced disappearances, torture and crimes of sexual violence committed in the country, in particular between 2002 and May 2011. Upon the request of the Pre-Trial Chamber of the ICC, the Prosecutor submitted additional information concerning crimes throughout the nine-year period. Amnesty International urges the Office of the Prosecutor to investigate the full range of crimes committed against the Ivorian people since 2002 to ensure that impunity does not persist in Côte d'Ivoire.

Under the principle of complementarity, the Ivorian authorities must also respond by enacting without further delay legislation defining these crimes as crimes under national law, conducting prompt, thorough, independent and impartial investigations of crimes that are not being dealt with by the ICC and, where there is sufficient admissible evidence, to prosecute suspects in accordance with international fair trial standards.

The best way to ensure justice and full reparation for all victims of the nine-year crisis is to ensure that investigations and prosecutions cover this whole period of time and deal with all the crimes under international law regardless who committed them.

The ICC should ensure the proceedings comply with the provisions of the Rome Statute of the International Criminal Court (Rome Statute). According to information received by Amnesty International, the arrest and surrender procedures apparently did not respect Article 59 (2) of the Rome Statute and, in particular, the requirement that Laurent Gbagbo receive a hearing after his arrest by a national court to determine whether he should have been transferred to The Hague does not seem to have happened. It is essential that both the ICC and the national authorities respect the requirements of the Rome Statute and national law and that they review any challenges to the arrest and surrender procedure promptly. A state that has made a declaration pursuant to Article 12 (3) of the Rome Statute is required to comply with the procedures in that Statute regarding arrest and surrender.

Background Information
Although Côte d'Ivoire is not yet a party to the Rome, on 18 April 2003 the country's then Minister of Foreign Affairs lodged a declaration with the Registrar of the ICC accepting the exercise of jurisdiction by the ICC with regard to crimes under international law committed in the territory of Côte d'Ivoire since 19 September 2002. The declaration expressly stated that it is not time limited and covers all war crimes and crimes against humanity.

On 14 December 2010, Alassane Ouattara officially confirmed the jurisdiction of the ICC and requested that the Prosecutor open an investigation into crimes committed within the competence of the ICC since 2002. In a second letter, dated 3 May 2011, President Ouattara once again confirmed the recognition of the ICC's jurisdiction, but suggested narrowing the scope of the investigation to crimes committed since 28 November 2010.

On 3 October 2011 the Pre-Trial Chamber III authorised an investigation in Côte d'Ivoire with respect to crimes within the jurisdiction of the Court committed since 28 November 2010. In accordance with Rule 50(4) of the Rules of Procedure and Evidence, it stated that the Prosecutor is to revert to the Chamber within one month with any additional information that is available to him on potentially relevant crimes committed between 2002 and 2010.

In accordance with Article 15 (5) of the Rome Statute the Prosecutor can request an investigation for crimes committed in Côte d'Ivoire before 28 November 2010 based on new facts or evidence.

2. "Update: Cote D'Ivoire's Gbagbo turned over to ICC," Citizens for Global Solutions, 30 November 2011, http://globalsolutions.org/blog/2011/11/update-cote-divoires-gbagbo-turned-over-icc

"Cote D'Ivoire's ex-president Laurent Gbagbo was transferred to The Hague last night just hours after the International Criminal Court issued a warrant for his arrest. Gbagbo was indicted for crimes against humanity he committed during violence resulting from his refusal to cede power after losing the presidential election last year. More than 3,000 civilians died and many more were injured or assaulted in the post-election conflict between supporters of Gbagbo and the newly elected president Alassane Ouattara .

The ICC launched an investigation into the events that occurred after the election in October. Speaking about the arrest of Gbagbo, ICC Prosecutor Luis Moreno-Ocampo said, "It is exactly a year since the presidential election that led to one of the worst episodes of violence Cote d'Ivoire has ever known, with ordinary Ivorians suffering immensely, and crimes allegedly committed by both parties. We have evidence that the violence did not happen by chance; widespread and systematic attacks against civilians perceived as supporting the other candidate were the result of a deliberate policy."

Gbagbo refused to step down from office and ignored international diplomacy efforts, resulting in a military campaign to remove him from power by forces loyal to Ouattara. Gbagbo has been under house arrest since forces backed by the United Nations and France, ousted him from power last April. Both Gbagbo and Ouattara's forces are being investigated for atrocities committed during the brief conflict, including murder, rape, persecution and inhuman acts.

Don Kraus, CEO of Citizens for Global Solutions said, "Gbagbo's detention at the International Criminal Court has demonstrated yet again that tyrants and human rights abusers around the world-even if they are heads of state--will not enjoy immunity from international law, and will be held responsible for their crimes."

Gbagbo is the first former African head of state to be arrested and transferred to the ICC, where he will face further investigation and a trial for his supposed crimes. Several other arrest warrants are expected to result from the investigation, although the ICC is refraining from publicizing names of others under examination.

Gbagbo's warrant and swift arrest constitute a huge success for the international community and the ICC, proving that humanitarian intervention and international institutions can work effectively to prevent conflict and provide justice. Officials from both Gbagbo's former government and Ouattara's current one must continue to cooperate with ICC prosecutors to continue to reveal the truth and exact justice for all those injured or displaced in the conflict.

Kraus stressed, "While we applaud Gbagbo's arrest, violence was perpetrated by both sides in the conflict. The Court should continue to investigate all instances of grave crimes committed against the people of Ivory Coast, and urge officials in the country to assist the court with bringing perpetrators of violence to justice. International cooperation is essential to resolve global challenges, building a safer, more secure world.""

LISTEN: "CEO Don Kraus Talks About Gbagbo's Arrest and the International Criminal Court," Citizens for Global Solutions, 30 November 2011, http://globalsolutions.org/blog/2011/11/ceo-don-kraus-talks-about-gbagbos-arrest-and-international-criminal-court [AUDIO]

SEE ALSO:

2. « Côte d'Ivoire : le transfèrement de l'ex-président Laurent Gbagbo à la CPI est un premier pas vers une justice impartiale » (Côte d'Ivoire : the transfer of the Former president Laurent Gbagbo to the ICC is a first step towards a fair justice) FIDH, 1 December 2011, http://www.coalitionfortheicc.org/documents/ci0112fr-1.pdf [in French]

3. "Côte d'Ivoire: Gbagbo's ICC Transfer Advances Justice - Promptly Investigate Ouattara Camp's Crimes as Well," Human Rights Watch, Press release, 29 November 2011, http://www.hrw.org/news/2011/11/29/c-te-d-ivoire-gbagbo-s-icc-transfer-advances-
justice

4. "Laurent Gbagbo Transferred to the International Criminal Court: ICC Judges Issue Arrest Warrant Under Seal for Crimes Against Humanity Allegedly Committed in Côte d'Ivoire," Coalition for the International Criminal Court, Media Advisory, 30 November 2011, http://www.coalitionfortheicc.org/documents/CICC_MA_CDI_LaurentGbagboTransfer_30
1111.pdf

III. RELATED NEWS AND OPINIONS

1. "Justice Served? Gbagbo at the Hague," France 24, Interview with Florence HARTMANN, Former spokesperson for the International Criminal Tribunals for Rwanda and Yugoslavia, Francis DAKO, Africa Coordinator, Coalition for the International Criminal Court, Matt WELLS, West Africa researcher, Human Rights Watch, Bruce CLARK, Journalist, The Economist, 30 November 2011

Part 1: http://www.france24.com/en/20111130-debate-gbagbo-at-icc-ivory-coast-ocampo
Part 2: http://www.france24.com/en/20111130-debate-gbagbo-at-icc-part-2-ivory-coast-ocampo [VIDEO]

2. "Former Ivory Coast president handed to The Hague ," Financial Times, 30 November 2011, http://www.ft.com/intl/cms/s/0/b886cb1a-1b37-11e1-85f8-00144feabdc0.html#axzz1fBgi935w

3. "Ivory Coast: Gbagbo faces murder and rape charges," BBC News, http://www.bbc.co.uk/news/world-africa-15960254

4. "Ivory Coast's Gbagbo handed over to world court," Star Africa, 30 November 2011,http://www.starafrica.com/en/news/detail-news/view/ivory-coasts-gbagbo-arrives-in-netherla-205728.html

5. "Gbagbo arrives at International Criminal Court," RFI, 30 November 2011, http://www.english.rfi.fr/africa/20111130-gbagbo-arrives-international-criminal-court

6. "Ivory Coast's Gbagbo handed over to world court," by Jan Hennop, AFP, 30 November 2011,http://www.google.com/hostednews/afp/article/ALeqM5hh-Uj9sKZ0vJe3yunat9eKME5jSQ?docId=CNG.e5e2f7e41b8da6a3553ffefc59e7f8cd.4e1

7. "Former Ivory Coast president Laurent Gbagbo on crimes against humanity charges at The Hague", The Telegraph, 30 November 2011, http://www.telegraph.co.uk/news/worldnews/africaandindianocean/cotedivoire/8925053/Former-Ivory-Coast-president-Laurent-Gbagbo-on-crimes-against-humanity-charges-at-The-Hague.html

8. "Gbagbo faces charges of crimes against humanity: ICC," by Ivana Sekularac, Reuters, 30 November 2011, http://www.reuters.com/article/2011/11/30/us-ivorycoast-gbagbo-idUSTRE7AS1LO20111130

9. "Ivory Coast's Gbagbo Faces International Criminal Court," VOA, 30 November 2011, http://www.voanews.com/english/news/ICC-Issues-Charge-Against-Former-Ivory-Coast-Leader-Gbagbo-134741173.html

10. "Ex-Ivory Coast president Laurent Gbagbo sent to ICC, charged with crimes against humanity," AP, 30 November 2011,
http://www.washingtonpost.com/world/africa/ex-ivory-coast-president-laurent-gbagbo-taken-into-custody-at-international-criminal-court/2011/11/30/gIQAcahDBO_story.html

11. "Ex-head of state in the ICC dock," IntLawGrrls, 30 November 2011, http://intlawgrrls.blogspot.com/2011/11/ex-head-of-state-in-icc-dock.html

12. "Ex-Ivory Coast leader faces charges in Hague," Al Jazeera, 30 November 2011
http://www.aljazeera.com/news/africa/2011/11/20111129211810394262.html

13. "Former Ivory Coast leader faces charges of crimes against humanity," LA Times, 30 November 2011, http://latimesblogs.latimes.com/world_now/2011/11/former-ivory-coast-president-gbagbo-faces-charges-of-crimes-against-humanity.html

14. "ICC/GBAGBO - Laurent Gbagbo charged with four crimes against humanity," Hirondelle News Agency, 30 November 2011, http://www.hirondellenews.com/content/view/15046/564/
15. "Gbagbo arrest 'significant' for African leaders," BBC Radio 4, 30 November 2011, http://news.bbc.co.uk/today/hi/today/newsid_9651000/9651661.stm [AUDIO]

16. "The ICC Nabs its First Head of State: Laurent Gbagbo Heading to The Hague," JiC, 29 November 2011, http://justiceinconflict.org/2011/11/29/the-icc-nabs-its-first-head-of-state-laurent-gbagbo-heading-to-the-hague/

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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