Jun
17

Office of the Prosecutor Announces Ivory Coast Investigation

The International Criminal Court (ICC), Office of the Prosecutor (OTP) announced today the opening of an investigation into post-election violence in Ivory Coast.  The ICC, located in The Hague, The Netherlands, has authority to prosecute war crimes, crimes against humanity, and genocide occurring in nations that have signed on to the treaty creating the court, or if referred by the Security Council of the United Nations, or when, as in Ivory Coast, the country has accepted jurisdiction, even though they are not a member state.

The notice states, in part:

By this notice, the Prosecutor of the International Criminal Court informs victims of alleged war crimes and crimes against humanity committed in Côte d’Ivoire by any party following the presidential election of 28 November 2010 that he will shortly request authorization from the Pre-Trial Chamber II to open an investigation into such alleged crimes.

The Prosecutor notifies victims of the post-election violence in Côte d’Ivoire that they can send their comments to the Judges of the Pre-Trial Chamber II on whether an investigation on such alleged crimes should be opened. The victims or their legal representatives have 30 days from this notice to make representations to the Pre-Trial Chamber.

Victims who wish to make observations and are seeking to do so are encouraged to contact the Reparations Center for assistance.  The Reparations Center and attorney John L. Fossum are interested in providing assistance to those seeking to participate, share their information or seek reparations.  There is no fee for this service.

Victims have an opportunity at the ICC to participate in ongoing cases by making arguments, presenting evidence, and ultimately seek reparations if there is a conviction.  Reparations and the process are funded by the 114 nations that have ratified the Treaty of Rome, now known as the Rome Statute, the founding document of the International Criminal Court.

 

Jun
06

Katanga Witnesses Testify, then Seek Asylum

Three witnesses who testified for the defense in the International Criminal Court (ICC) cases against Germain Katanga and Matthieu Ngdolo Chui sought asylum in The Netherlands after their testimony.

According to the Katanga trial website,  the witnesses testified that the government of the Democratic Republic of Congo (DRC) was responsible for the Bogoro attack, one of the allegations against the accused.  The case raises difficult questions for the ICC and its obligations to protect witnesses.   The three claim that by testifying against the government of the DRC they have put themselves at risk, and cannot safely return to the DRC.  They have asked the court to keep them in The Netherlands until Dutch authorities rule on the asylum requests.

The court has an obligation to protect witnesses, but cannot provide asylum.  Returning the witnesses to the DRC if they would be harmed would clearly not be in keeping with the court’s obligation to protect witnesses, but there is a limit to how long the court could hold them in custody, and it has no place to put them that is not custody.

The registry and its Victim and Witnesses Unit is trying to determine whether the safety of the witnesses can be adequately guaranteed with a return to the DRC.  The witnesses were in DRC custody when brought to The Hague.  The question to be resolved is whether or not returning them to DRC custody puts them at greater risk.

The case against Katanga and Chui is the second ICC case to go to trial.  Katanga and Chui are accused of war crimes and crimes against humanity. Katanga is alleged to have been the commander of the Patriotic Resistance Force of Ituri, (FRPI) and Chui is alleged to have been the leader of the Nationalist Front of Integrationists (FNI) both fighting against the government of the DRC.

The indictment alleges that Germain Katanga and Mathieu Ngudjolo Chui allegedly jointly committed through other persons, within the meaning of article 25(3)(a) of the Statute:

War crimes:

  1. using children under the age of fifteen to take active part in the hostilities, under article 8(2)(b)(xxvi) of the Statute;
  2. directing an attack against a civilian population as such or against individual civilians not taking direct part in hostilities under article 8(2)(b)(i) of the Statute;
  3. wilful killings under article 8(2)(a)(i) of the Statute;
  4. destruction of property under article 8(2)(b)(xiii) of the Statute;
  5. pillaging under article 8(2)(b)(xvi) of the Statute;
  6. sexual slavery under article 8(2)(b)(xxii) of the Statute.
  7. rape under article 8(2)(b)(xxii) of the Statute

Crimes against Humanity:

  1. murder under article 7(1)(a) of the Statute;
  2. rape under article 7(1)(g) of the Statute.
  3. sexual slavery under article 7(1)(g) of the Statute.

The trial began in November, 2009. The defense began presenting its case in April of 2011.

 

Jun
01

Kenya Cases Remain Admissible

The International Criminal Court (ICC) has overruled the objections of Kenya and found that the post-election violence cases remain admissible (within the jurisdiction of the court).  A detailed discussion of the ruling, and the case, is available here.  Kenya has announced that it plans to appeal.

The ruling is a significant test of the issue of complementarity. A founding principle of the court, complementarity means that the court can only pursue cases that are not capable of, or were not adequately pursued in national courts.  Kenya had initially cooperated with the investigation, but then argued the cases were now capable of being resolved in national courts.

The court found that the Government of Kenya had not shown that there were open cases involving the six officials detained by the court.  Rather the government argued that there had been reforms in its judicial system and the cases could proceed.  The court determined that in the absence of actual open prosecutions of the six accused:

… the Chamber considers that there remains a situation of inactivity. Consequently, the
Chamber cannot but determine that the case is admissible following a plain reading
of the first half of article 17(l)(a) of the Statute. It follows that there is no need to
delve into an examination of unwillingness or inability of the State, in accordance
with article 17(2) and (3) of the Statute.

The argument over inadmissibility will likely remain ongoing as the case proceeds.

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