Côte d'Ivoire : la CPI élargit son enquête aux crimes commis depuis 2002

8/3/2019 Cte d'Ivoire : la CPI largit son enqute aux crimes commis depuis 2002

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Cou rP na l e ^ ^ _ ^ > ^I n t e r n a t i o n a l eI n t e r n a t i o n a l ^ % ^ s : ^C r i m i n a lC o u r t

Original : En gl i s h No . : ICC-02/11Date : 22 Fe bru ary 2012

PRE-TRIAL CHAMBER I I I

B e f or e : Ju d g e S i lv i a F e r n a n d e z d e G u n n e n d i , P r e s i d i n g Ju d g eJudge E l i zabe th Odio Beni toJu d g e A d r i a n F u l f o rd

S I TU A T I O N IN T H E R E P U B L I C O F C O T E D T V O I R E

Publ i cDec i s ion on the "P rosecu t ion ' s p rov i s ion of fu r the r in format ion rega rd ing

poten t i a l ly re l evan t c r imes co mm i t t ed be tw een 2002 and 2010"

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Decision to be notified, in accordance with regulation 31 of the Regulations of the Court, to:The Office of the ProsecutorMr Luis M oreno-OcampoMs Fatou Bensouda

Counsel for the Defence

Legal Repres entatives of Victims Legal Repres entatives of Ap plicantsUnrepresented Vict ims Unrepresented Applicants for

Participation/Reparation

The Office of Pub lic Co uns el for The Office of Pub lic Co uns el for theVictims Defence

States' Representatives Amicus Curiae

REGISTRYRegistrarMs Silvana Arbia Detention Section

Victims and Witnesses Unit OthersMs Maria Luisa M artinod-JacomeVictims Participation andReparations SectionMs Fiona McKay

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Pre-Trial Chamber III (the "Chamber") of the International Criminal Court(the "C ourt") issues the following Decision on the "Prosecution's provision offurther information regarding potentially relevant crimes committed between2002 and 2010".

I. Procedural history1. On 23 June 2011, the Prosecutor subm itted a Request for authorisation of

an investigation pursuant to article 15 ("Prosecutor's Request of 23 June2011"). ^ The P rosecutor requested perm ission to com mence aninvestigation into the situation in the Republic of Cte d'lvoire ("Cted'lvoire") since 28 No vem ber 2 010.' How ever, he also subm itted thefollowing:

41. The Prosecution proposes to conduct investigations within this timeframe,as opposed to requesting authorisation to investigate crimes over the entireperiod from which the ICC could exercise jurisdiction pursuant to the lodgeddeclaration, for the following reasons: (i) the violence on the territory of Cted Ivoire durin g this period reached unp recedented levels, and (ii) there is awealth of information available to establish that the reasonable basis thresholdis satisfied with respect to the alleged crimes comm itted during this period.42. Upon review of the supporting material, the Chamber may conclude thatCte d'lvoire repeatedly experienced violence prior to the 2010 elections andmay therefore broaden the temporal scope of the investigations to events thatoccurred between 19 September 2002 (the date from which the Republic Cted'lvoire accepted the exercised of jurisdiction by the Court in accordance witharticle 12(3) of the Rome Statute) and 23 June 2011 (the date of the filing of thisApp lication) [footnote om itted] .3

2. On 3 October 2011, the Chambe r au thorised the comm encement of aninvestigation in Cte d'lvoire, first, for crimes within the jurisdiction of theCou rt comm itted since 28 No vemb er 2010 and, second, for any continuingcrimes that may be committed in the future, "insofar as the contextualelements of the continuing crimes are the same as for those committed

1 Request for authorisation of an investigation pursuant to article 15, 23 June 2011, ICC-02/11-3 with annexes.2ICC-02/11-3, parag raph 181.3 ICC-02/11-3, para gra phs 41 and 42.

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prior to 23 June 2011" ("Decision of 3 O ctober 2011").^ As to the p erio d tobe covered by the investigation, the Majority concluded that althoughthere was information on crimes allegedly committed prior to28 No vem ber 2010, the Pros ecutor's reques t d id n ot "refer to specificincidents that may have occurred prior to 28 November 2010, and the vastmajority of the supporting materials provided by the Prosecutor focus onthe m ost recent post-electoral crisis". ^ The Chamber held as follows:

184. In the absence of sufficient information on specific events, the Chamber ishowever unable to determine whether the reasonable basis threshold has beenmet with regard to any specific crimes. Indeed, the Chamber is of the view thatwith regard to this part of his request, the Prosecutor has not providedsufficient supporting material in relation to the contextual elements andunderlying acts of the crimes within the jurisdiction of the Court allegedlycomm itted d uring that period of time.185. Sufficient information on specific crimes committed between 2002 and2010 is an essential prerequisite for the Chamber to be able to assess whetherthere is a reasonable basis to proceed. In accordance with Rule 50(4) of theRules, the Prosecutor is to revert to the Chamber with any additionalinformation that is available to him on potentially relevant crimes committedbetw een 2002 and 2010.6

3. Pursuant to these instructions, on 4 November 2011 the Prosecutorprovided further information regarding potentially relevant crimescom mitted betw een 2002 and 2010.^

4 Decision Purs uant to Article 15 of the Rome Statute on the Authorisation of an Investigationin the Situation in the Republic of Cte d'lvoire, 3 October 2011, ICC-02/11-14-Corr,parag raphs 179 and 212. Judge Silvia Fernandez de Gurm endi filed a separate and partiallydissenting opinion on 3 October 2011, see ICC-02/11-15-Corr.5 Decision of 3 October 2011, paragraph 183. In her dissenting opinion. Judge Fernandez deGurmendi was of the view that no additional information was necessary and that theextension of the temporal scope could have been authorized on the basis that the post-electoral violence was a continuation of the same political crisis. See ICC-02/11-15-Corr,paragra phs 56 to 59.6 Decision of 3 October 2011, paragrap hs 184-185.7 Pros ecution 's prov ision of further information r egard ing poten tially relevant crimescomm itted between 2002 and 2010, 3 November 2011, ICC-02/11-25 with a nnexes .

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IL Pros ecutor's allegations and su ppo rting informa tion4. In his submission, the Prosecutor refers to a series of incidents which

allegedly occurred in Cte d'lvoire between 2002 and 2010. As part of hissubmission, the Prosecutor notes:

[...] that there is information available that serious crimes have been committedin Cte d'lvoire between 19 September 2002 and the period prior to theelections in 2010 by both pro -gov ernm ent and pro-rebel forces.8

5. In particular, the Prosecutor identifies incidents in which murders appearto have been committed by government and rebel forces in the monthsfollowing the attempted coup d'tat in September 2002.^

6. The Prosecu tor further subm its that there is information that govern me ntand rebel forces raped members of the population, and they wereresponsible for other forms of sexual violence, including sexual slavery.These crimes were allegedly used by all parties to the conflict "as aw eap on of war " in the afterma th of the failed coup-d'tat.^^

7. The Prosecutor finally submits that government and rebel forces wereallegedly responsible for child recruitment,^^ enforced displacement^' andunlawful attacks.^^

III. Applicable law8. In accordance with Article 21(1) of the Rome Statute ("Statute"), the

Chamber has considered Articles 5, 6, 7, 8, 15 and 53 of the Statute, andRules 48, 49 and 50 of the Rules of Procedure and Evidence.

8 ICC-02/11-25, para grap h 7.9 ICC-02/11-25, para grap hs 18-28.10 ICC-02/11-25, pa rag raph 31.11 ICC-02/11-25, para gra ph 35.12 ICC-02/11-25, pa ragr aph s 36-38.13 ICC-02/11-25, paragra ph 39.

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IV. Analysis9. In light of the additional information provided by the Prosecutor in

compliance with the Chamber's order, the Court must decide whether it isappropriate to extend the temporal scope of the investigation into thesituation in Cte d'lvoire to include the period betw een 19 September 2002and 28 Septem ber 2010.

10. The pres ent decision s upplem ents the Decision of 3 October 2011. TheCham ber has applied the analysis and conclusions s et out in that Decision,including the interpretation of the legal requirements of the crimes underArticles 5 to 8 of the Statute.^^

11. In relation to the overall context, the Chamber indicated that:181. The mater ia ls avai lable to the Chamber include, in summary form, detai l sof the history concerning the political and military crisis in Cte d ' lvoire sincethe co up at tem pt of 2002, wh ich re sult ed in the de facto partit io n of the co untr yinto a northern zone controlled by the armed opposition (the Forces Nouvelles)and a southern zone contro l led by Pres ident Gbagbo. Human Rights Watchindicates that efforts to resolve the conflict between the government ofPres ident Gbagbo and the rebels ended in a ser ies of broken peace agreements ,over 11,000 foreign peacekeeping troops on the ground and the imposition of aU N a rms embargo . A l though the peace ag reemen t s and peacekeeper s b rough tabout a cessation of active hostil i t ies, they did not bring peace or unity to thecountry . The end resul t was a s ta lemate , a s i tuat ion of "no peace, no war" or" in termit tent c iv i l war" . The long-awai ted pres ident ia l e lect ion took p lace on31 October 2010 and 28 Nov em ber 2010, having be en pos tpon ed s ix t imes s ince2005. However, far from solving the political crisis , the elections plunged "thecountry in to even deeper turmoil wi th severe consequences for the overal lhuman r ights s i tuat ion" [ footnotes omit ted] , i

12. The Chamber concluded that "[w]hile the context of violence reached acritical point in late 2010, it appears that this was a continuation of theongoing political crisis and the culmination of a long power struggle inCte d'lvoire."^^ It und erlin ed that:

14 See in par t icular para grap hs 27-29, 31-33, 42-46, 52- 54, 63, 68, 89,119-1 21,129,1 44 ,14 9-150.15 Decis ion of 3 October 2011, parag raph 181 .16 Decis ion of 3 October 2011, parag rap h 181.

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182. The information contained in the supporting material submitted by theProsecutor and some of the victims' representations pro vide indications of veryserious human rights violations and abuses that have been committed since theSeptember 2002 coup attempt that could amount to crimes within thejurisdiction of the Court. According to this information, the political andmilitary crisis that followed was devastating from the point of view of humanrights and was "punctuated by atrocities attributable to both sides, includingextrajudicial killings, massacres, enforced disappearances, and numerousincidents of torture " [footnotes om itted] .i7

13. In light of these conclusions and in order to decide whether to expand thetemporal scope of the investigation, it is necessary to analyse theadditional information so as to determine whether there is a reasonablebasis to believe that crimes within the jurisdiction of the Court wherecom mitted in the period following the coup attem pt in September 2002.

14 . In the present decision the Chamber has considered examples of relevantcriminality that have allegedly occurred since September 2002. The Courthas focussed on the incidents that form part of the same crisis or sequenceof events for which an investigation has already been authorised, and it isof the view that it is unnecessary to address each of these in exhaustivedetail. Instead, it is sufficient if the Chamber is satisfied that at least someof the incidents meet the relevant test as crimes falling within thejurisdiction of the C ourt.

15. The Chamber has referred to events identified by the Prosecutor^^ that areexamples of crimes w hich appe ar to have been comm itted against civiliansby pro-government and rebel forces in Cte d'lvoire, following the 2002attempted coup. The Chamber has analysed a chronological sample ofthese incidents, and it has decided whether they potentially amount to acrime or crimes w ithin the jurisdiction of the Co urt.

17 Decision of 3 October 2011, paragrap h 182.18 ICC-02/11-25, pa ragr aph s 18, 21, 23, 25 .

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(1) Sam ple of inciden ts16. The International Commission of Inquiry reported that on 6 October 2002

the rebel forces, having taken Bouak some days earlier, executed 131indiv idua ls inc ludin g 61 gendarmes and a similar num be r of their ch ildrenand nep hew s, an d 7 other civilians.^^ In addition, a ccording to the sam ereport, the rebels summarily executed civilians who supported the loyalistforces in Bouak on or shortly after 8 October 2002.'^ Human Rights Watchhas provided corroborative information in relation to the same events,reporting tha t "MPCI forces s umm arily executed over fifty genda rm es andm em ber of their families in Bouak in O ctober 2002". ' Am nes tyInternational repo rted o n these occurrences as follows:

The g end arm es arres ted on 6 October 2002 at the 3" ^ gen darm e legionhead quarters in Bouak were no t killed in combat. Most of them were killed incold blood by armed MPCI personnel while being held prisoner with about 50of their children and some civilians in the 3 ^ infantry battalion military campprison in Bouak. Moreover, some of them, including the wounded, were veryprobably killed on the site of the mass grave in which they were forced to burytheir colleagues.22

17. Further, on 27 and 28 November 2002, government forces attacked thevillage of Monoko-Zohi, near Daloa, shooting as many as 120 civilians,who were mostly immigrant plantation workers. This is confirmed by a

19 Rapport de la Commission d'enqute internationale sur les allgations de violations desdroits de l'hom me en Cte d'Ivoire, 25 May 2004, ICC-02/ll-25-Anx2.16, page 23.2 0 Rapport de la Commission d'enqute internationale sur les allgations de violations desdroits de l'homme en Cte d'Ivoire, 25 May 2004, ICC-02/ll-25-Anx2.16, page 23.21 Hu man Rights Watch, Cte d'Ivoire: Accountability for Serious H um an Rights Crimes Keyto Resolving Crisis, October 2004, ICC-02/11-25-Anx2.20, page 10.2 2 Amnesty International, Cte d'lvoire : A Succession of Unpunished Crimes, 27 February2003, ICC-02/ll-25-Anx2.7.

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contem porary BBC news report, ' H um an Rights W atch ' and theInternational C omm ission of Inquiry.'^

18. A further relevant incident is the alleged execution of civilians in Bangoloby mercenaries who supported the Government, during the night of 6March 2003. The International Commission of Inquiry receivedinformation that two hundred people had been killed, and it was able toverify sixty of the deaths (primarily members of the Dioula community).'^Several wom en w ere raped before they were murdered.'^ Hum an RightsWatch reported that at least sixty civilians, including men, women andchildren, were killed in Bangolo in early March 2003.'^ It interviewedLiberian fighters in detention, who confirmed that they had committedthis massa cre.'^ In addition. H um an R ights W atch indicated that theevents in Bangolo were followed som e days later by a further mas sacre inneighbouring Dah (this was allegedly an act of reprisal by the rebelf orces).^^

19. Finally, the Chamber has focussed on events that allegedly occurredduring an opposition demonstration in Abidjan in late March 2004.H um an Rights Watch rep orted that ' '[t]he violence from March 24-27, 2004occurred [...] in the suburbs of Abobo, Anyama, and Adjame, where

2 3 BBC News , Eyewitness : Ivory Coast mass grave, ICC-02/ l l -25-Anx2.15.2 4 Human Rights Watch , Cte d ' lvoire : Trapped between two Wars , Violence agains t Civi l iansin Western Cte d ' lvoire , August 2003, ICC-02/11-25-Anx2.22, pag es 39-40.2 5 Rappor t de la Commiss ion d 'enqute in ternat ionale sur les a l lgat ions de v io la t ions desdroi t s d e l 'hom me en Cte d ' Ivoire , 25 May 2004, ICC-02/ l l -25-Anx2.16, page 25 .2 6 Rappor t de la Commiss ion d 'enqute in ternat ionale sur les a l lgat ions de v io la t ions desdroi t s d e l 'hom me en Cte d ' Ivoire , 25 May 2004, ICC-02/ l l -25-Anx2.16, page 26 .2 7 Rappor t de la Commiss ion d 'enqute in ternat ionale sur les a l lgat ions de v io la t ions desdroi t s d e l 'hom me en Cte d ' Ivoire , 25 May 2004, ICC-02/ l l -25-Anx2.16, page 26 .2 8 Hu m an R ights Watch , Cte d 'Ivoire : Trap ped be tween tw o Wars : Violence agains t C ivi l iansin Western Cte d ' lvoire , August 2003, ICC-02/11-25-Anx2.22, page 17.2 9 Hu m an R ights Watch , Cte d ' lvoire : Trapped be tween tw o Wars : Violence agains t C ivi l iansin Western Cte d ' lvoire , August 2003, ICC-02/11-25-Anx2.22, page 17.3 0 Hu m an Rights Watch , Cte d ' lvoire : Trap ped be tween tw o Wars : Violence agains t Civi l iansin Western Cte d ' lvoire , August 2003, ICC-02/11-25-Anx2.22, page 17.

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thousands of demonstrators had gathered in anticipation of marching tothe city center". ^ According to this report, Ivorian security forces,including pro-government militias, attacked the demonstrators. It isreported that at least 105 civilians were killed, 290 were wounded andsome 20 individuals "disappeared", having been taken into custody." AnAmnesty International report corroborates these findings.^^

(2) Whether there is reaso nable bas is to believe th at the above incidentsam ount to any crime within the jurisdiction of the Court(i) W ar crimes20. On the information provided to the Chamber, it appears that following a

failed coup d'tat on 19 September 2002 in Abidjan and in the northerncities of Korhogo and Bouak, the south of the country remained in thehands of the government while the north was controlled by an armedopposition group called the Mouvement partiotique de Cte d'lvoire("MPCI"). "^ It is furthe r su gge ste d tha t sho rtly after the failed cou p d' tat,two other rebel groups emerged - the Mouvement pour la Justice et la paix("MJP") and the Mouvement Populaire Ivorien du Grand Ouest ("MPIGO").^^

21 . A Human Rights Watch report suggests that in early October 2002, agovernment offensive in Bouak resulted in heavy fighting in the area,although the rebels maintained control of the town. ^ Thousands of

31 Human Rights Watch, Cte d'lvoire: Human Rights Violations in Abidjan during anOp pos ition De mo nstration - March 2004, October 2004, ICC-02/11-25-Anx2.21, page 3.3 2 Human Rights Watch, Cte d'lvoire: Human Rights Violations in Abidjan during anOp pos ition D em ons tration - March 2004, October 2004, ICC-02/11-25-Anx2.21, page 3.3 3 Amnesty International, Cte d'lvoire: The indiscriminate and disproportionate repressionof a banned dem ons ttation, 8 April 2004, ICC-02/11-25-Anx2.9.3 4 Amnesty International, Cte d'lvoire. Les femmes, victimes oublies du conflit, 15 March2007, ICC-02/ll-25-Anx2.11, pag e 6.3 5 Amnesty International, Cte d'Ivoire, Les femmes, victimes oublies du conflit, 15 March2007, ICC-02/ll-25-Anx2.11, pag e 6.3 6 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 47.

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civilians fled the city to escap e the violence. ^ O n 7 October 2002, MP CIcaptured the town of Vavoua and on 12 October 2002 it took control ofDaloa, although the latter was re-captured by government forces severaldays later; intensive fighting was reported.^^

22. Human Rights Watch also reported that although peace negotiations tookplace at the end of October 2002 in Lom, the capital of Togo, the violencecontinu ed after the ceasefire.^^ At the end of No vem ber 2002, the MJP andthe MPIGO attacked Toulepleu and captured Man and Danan, towns inthe west of the country, with the extensive involvement of Liberian andSierra Leonean fighters. " On 30 November 2002, government forcesregaine d control over the tow n of Man. ^ By 2 Decem ber 2002, MPIG O hadcaptured Toulepleu, and on 7 December 2002 the group mo ved east andtook the tow n of Blolkin.^' It is rep orted that the gov ern m ent and rebelforces received new recruits in December 2002, and fighting continueduntil late December, including a rebel counter-offensive and clashesbetween the French military force monitoring the cease-fire line andw es tern rebe ls ne ar Dukou."^^

3 7 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 47.3 8 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 47; High Commissioner for HumanRights, Report of an urgent human rights mission to Cte d'lvoire, 24 January 2003, ICC-02/11-25-Anx2.19, pag e 16.3 9 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, pages 47-46.4 0 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 46.41 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 46.4 2 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 46.4 3 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 46.

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23. According to Amnesty International, the MPCI, the MPIGO and the MJPmerged into the Forces nouvelles ("FN") by agreement, on 22 December2002.44

24 . Human Rights Watch reported that fighting continued in January 2003,particularly along the Liberian-Ivorian border, and there were reports ofabus es agains t civilians in the w es t of the country.^^ The intern al conflictofficially ended wh en the Linas-Marcoussis peace accords were s igned byall the parties to the confHct, on 25 January 2003.^6 Although peace talkscontinued that spring, there were also reports of massacres in the west,where apparently "both the government and rebel forces were usingLiberian fighters in a prox y war".^^

25. Another cease-fire was signed in early May 2003 and a United Nationsmission (MINUCI) was approved by the UN Security Council. ^ InSeptember 2003, representatives of the FN withdrew from the peaceagreement.49 H um an Rights W atch repo rted that "[e]fforts to resolve theconflict betw een the govern me nt and the rebels have resulted in a string ofunfulfilled pace agreem ents" in January 2003, July 2004 an d Ap ril 2005, as

4 4 Amnesty International, Cte d'lvoire: Les femmes, victimes oublies du conflit, 15 March2007, ICC-02/11-25-Anx2.11, page 6.4 5 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 46.4 6 Human Rights Watch, Cte d'lvoire: Accountability for Serious Human Rights Crimes Keyto Resolving Crisis, October 2004, ICC-02/11-25-Anx2.20, page 8; International Crisis Group,Cte d'lvoire: "The war is not yet over", 28 November 2003, ICC-02/11-25-Anx2.26, page 4;Hu ma n R ights Watch, Trapped between tw o wars : Violence against civilians in western Cted'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 46.4 7 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 45.4 8 Human Rights Watch, Trapped between two wars: Violence against civilians in westernCte d'lvoire, August 2003, ICC-01/ll-25-Anx2.22, page 45.4 9 Hu ma n Rights W atch, Cte d'lvoire: Accountability for Serious H um an Rights Crimes Keyto Resolving Crisis, October 2004, ICC-02/11-25-Anx2.20, page 8.

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well as the deployment of peacekeeping forces, an arms embargo, andtravel and economic sanctions.^^

26. According to Human Rights Watch, by October 2004 the FN exercisedmilitary, economic and administrative control over about 50% of thecountry. ^ In early November 2004, the Ivorian military reportedlyattacked the rebels in several cities in the North of the country, includingBouak a nd K orhogo , killing fifty-five civilians and nine Fren ch soldiers.^'

27. A May 2005 Human Rights Watch report indicates that the governmentwas behind a militia attack on the rebel-held town of Logouale in lateFeb ruar y 2005.^^ Acco rding to a UN repo rt, in M ay 2005 the securitysituation remained volatile due to tension and clashes, especially in thewest of the country, and in January 2006 violence erupted once more inareas controlled by the government, following a recommendation from aninternational grou p of neg otiators to dissolve the interim parliame nt. ^This led to attacks on UN bases, vehicles and residences by supporters ofLaurent Gbagbo, which extended over several days, and these eventsinclud ed the w es t of the country.^^

28. The Chamber is of the view that the incidents analysed above appear tohave taken place in the context of, and were associated with, an armed

5 0 H um an Rights Watch , Cote d ' lvoire : "My He ar t i s Cut" , Sexual Violence by Rebels and Pro-Government Forces in Cte d ' lvoire, August 2007, ICC-02/11-25-Anx2.23, page 20.51 Human Rights Watch , Cte d ' lvoire : Accountabi l i ty for Ser ious Human Rights Cr imes Keyto Res olving Crisis, Oc tober 2004, ICC-02/11-25-Anx2.20, pag e 10.5 2 Human Rights Watch , Country on a Precip ice : The Precar ious S tate of Human Rights andCivilian Protection in Cte d ' lvoire. May 2005, ICC-02/11-25-Anx2.24, page 24.5 3 Human Rights Watch , Country on a Precip ice : The Precar ious S tate of Human Rights andCivilian Protec tion in Co te d ' lvoir e. M ay 2005, ICC-02/11-25-Anx2.24, pag e 21 .5 4 United Nat ions S tanding Commit tee on Nutr i t ion , Nutr i t ion Informat ion in Cr is i sSituation s - Ivory Coas t, May 2005, Janu ary 2006, ICC-02/11-25-Anx41, pag e 2.5 5 United Nat ions S tanding Commit tee on Nutr i t ion , Nutr i t ion Informat ion in Cr is i sS i tuat ions - Ivory Coast , Janua ry 2006, ICC-02/ l l -25-Anx4 1, page 2 .

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conflict not of an international character^^ and they may amount to murderand rap e as wa r crim es un de r A rticle 8(2)(c)(i) and (e)(vi) of the Statute .

(ii) Crimes against hum anity29. The material submitted by the Prosecutor indicates that, in the aftermath

of the attempted coup on 19 September 2002, the government forces ofCte d'lvoire (including the defence and security forces) and the gendarmes,along with affiliated pro-government armed militias such as the so-called"death squads" and the Fdration estudiantine et scolaire de Cte d'Ivoire(FESCI), carried out an attack against the population, in which civiliansw ere targe ted on the basis of their poHtical affiliations, e thnicity ornationality (because they were believed to be supporters of the rebels).^^ Inhis report of 26 September 2005, the UN Secretary General specificallyhighlighted that during the period under consideration, "incitements toviolence, exclusion and intolerance and calls for a resumption of thearmed conflict, continued uninterrupted by the Ivorian media, inparticular those associated with the ruling party." ^ The material alsosuggests that the government controlled the media, including the Radio

5 6 The Chamber wishes to c lar i fy that th is conclus ion i s wi thout prejudice to the poss ib ledifferent qualif ication of the armed conflict in any future related proceedings.5 7 Amnesty In ternat ional , Cte d ' lvoire : The indiscr iminate and d ispropor t ionate repress ionof a banned demonstra t ion , 8 Apr i l 2004, ICC-02/11-25-Anx2.9; Amnesty In ternat ional , Cted' lv oire : Thre ats ha ng h eav y over th e future, 26 October 2005, ICC-02/11-25-Anx2.10, page 3;In ternat ional C r is i s Group, Cte d ' lvoire : "The Wa r i s not yet Over" , 28 Nov em ber 2003, ICC-02/11-25-Anx2.26, pages 23-24; Hu m an Rights Watch , Cte d ' lvoire : H um an Rights V iolat ionsin Abidjan dur ing an Opposi t ion Demonstra t ion - March 2004, October 2004, , ICC-02/11-25-Anx2.21; Hu m an R ights Watch , "Trap ped be twee n two wars : Violence agains t c iv il ians inw es te rn C te d ' lvo i r e" , A ugus t 2003, ICC-01/11-25-Anx2.22, page 4 1; Amnesty In ternat ional ,"Cte d ' lvoire : A Success ion of Un puni she d Cr imes " , ICC-02/ l l-25-Anx2.7 , page 4 ; BBCN e w s : Eyewitness : Ivory Coast ma ss grave , ICC-02/ l l-25-Anx2.15, page 3 ; Rapp or t de laCommiss ion d 'enqute in ternat ionale sur les a l lgat ions de v io la t ions des droi t s de l 'hommeen Cte d ' Ivoire , 25 May 2004, ICC-02/ ll -25-Anx2.16, pag e 25 ; Hu m an Rights W atch , C oted ' Ivoire : "My Hear t i s Cut" , Sexual Violence by Rebels and Pro-Government Forces in Cted' lvo ire, A ug us t 2007, ICC-02/1 l-25-Anx2.23, pages 82-84.5 8 UN , S ix th progres s repo r t of the Secretary-General on the Uni ted N at ions O perat ion in Cted' lvoire, 26 September 2005, ICC-02/11-Anx2.46, page 11.

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Tlvision Ivoirienne (the natio nal bro adc as ting coopera tion), ^ andjournalists covering the attacks against the civilian population werethreatened. ^ In addition. Amnesty International and the InternationalCommission of Inquiry suggest that rape and other forms of sexualviolence were used against women, in a strategic and tactical manner byall the partie s to the conflict, and victims w ere selected on the bas is of theirpolitical and ethnic affiliation.^^ According to Amnesty International,groups and militias supported by the government are said to have rapedand used sexual violence against women who were labelled by the statepropaganda organs as enemies of the President and the nation, and themedia and politicians close to President Gbagbo were utilised for thispurpose.^' While some information suggests that these attacks continueduntil at least 5 March 2006,^^ a Human Rights Watch report of August 2007indicates that "killings, rapes and a few massacres have continued untilthe pre se nt, lon g pa st the end of active hostilities".^^

30. Furthermore there are indications that these crimes were undertakenpursuant to a governmental policy of targeting all those who were seen assupporting the rebels based on their religion, political affiliation, or ontheir national or ethnic origin.

5 9 UN, Eleventh progress repor t of the Secre ta ry-Genera l on the Uni ted Nat ions Opera t ion inCte d ' lvoi re , 4 December 2006, ICC 02/ l l -25-Anx2.43, page 4 .6 0 A m ne s ty I n t e r na t iona l , C te d ' l vo i r e : T he ind i s c r im ina t e a nd d i sp r opor t i ona t e r e pr e s s ionof a ban ned dem ons t ra t ion, 8 Apr i l 2004 , ICC-02/11-25-Anx2.9, page s 16-18.61 Amnes ty Inte rna t iona l , Cte d ' lvoi re : Les femmes , vic t imes oubl ies du conf l i t , 15 March2007, ICC-02 / l l -25-Anx2.11 ; Com miss ion d ' enq ute inte rna t iona le sur le s a l lga t ions deviola t ions des droi t s de l ' homme en Cte d ' Ivoi re , Rappor t sur la s i tua t ion des droi t s del 'hom me en Rp ubl iq ue de Cte d ' Ivoi re dep uis le 19 sep temb re 2002 jus qu 'au 15 oc tobre2004 , 25 May 2004 , ICC-02/ l l -Anx2.16 , pag e 35.6 2 Amnes ty Inte rna t iona l , Cte d ' Ivoi re : Les femmes , vic t imes oubl ies du conf l i t , 15 March2007, ICC-02/ l l -25-Anx2.11, page 14 .6 3 Amnes ty Inte rna t iona l , Cte d ' Ivoi re : Les femmes , vic t imes oubl ies du conf l i t , 15 March2007, ICC-0 2/ l l -25-Anx2 .11, page 14 .6 4 HRW, Cote d ' Ivoi re : "My Hear t i s Cut" , Sexual Violence by Rebels and Pro-GovernmentForces in Cte d' lvoire, August 2007, ICC-02/11-25-Anx2.23, page 76.

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31. The material subm itted by the Prosecutor s uggests that killings of the kinddescribed above were committed systematically and in a variety oflocations, as government forces sought out opponents from so-called'black-lists'.^^ The supporting material refers repeatedly to the existence ofdeath squads that were reasonably well-organised and which targetedparticular individuals.^^ Go vernm ent forces focussed on those w ho we reassociated with the 2002 coup, and they especially singled out foreigners,Mu slims and northerners.^^ It appea rs tha t rape w as consistently us edagainst individuals who were perceived to have an affiliation with therebels. Women associated with the political opposition or who had aparticular ethnic or national background appear to have been chosen onthe basis that they were rebel supporters. Government forces committedoffences of murder and rape throughout the territory of the Cte d'lvoire,^^during a prolonged period of time (at least between 19 September 2002and March 2006). These attacks against the civilian population resulted in,at a minimum, hundreds of deaths and the rape of many individuals.^^

32. The planned nature of these offences,^^ the identities of the victims and theperpetrators and the way particular individuals were selected during the

6 5 Human Rights Watch , Trapped between two wars : Violence agains t c iv i l ians in westernCte d ' lvoire , August 2003, ICC-01/ l l -25-Anx2.22, page 41; Am nes ty In ternat ional , C ted ' lvoire : a success ion of un pun ish ed cr imes , ICC-02/1 l -25-Anx2.7 , page 20; BBC N ews :Eyewitnes s : Ivory Coast mas s grave, ICC-02/1 l -25-Anx2.15, page 3 ; Rap por t de laCommiss ion d 'enqute in ternat ionale sur les a l lgat ions de v io la t ions des droi t s de l 'hommeen Cte d ' Ivoire , 25 May 2004, ICC-02/ l l -25-Anx2.16, page 25; Am nes ty In ternat ional , Cted ' Ivoire : A Success ion of Un pun ish ed Cr imes , 27 February 2003, ICC-02/ l l -25-Anx2.7 , page20.6 6 UN , Repor t of an urgent hu m an r ights miss ion to Cte d 'Ivoire , 24 January 2003, ICC-02/11-25-Anx2.19, pag es 14 -15; Le M ond e, A Abidjan, les esca dron s de la mo rt terr orise ntl 'opposi t ion , 16 Nov em ber 2002, ICC-02/ l l-25-Anx2.30.6 7 Amnesty In ternat ional , Cte d ' Ivoire : Amnesty In ternat ional crain t des rglements decomp tes e t des dr ives x nopho bes , 23 September 2002, ICC-02/ l l -25-Anx2.8 .6 8 See ins tances in para gra phs 17 to 19 above.6 9 See notably pa ragr aph s 17 to 19 above.7 0 See paragraphs 17 to 19, 29 and 31 above.

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attacks (ie. those perceived to be disloyal to the government), support theconclusion that these were not spontaneous, isolated events.

33. Accordingly, the information sufficiently indicates that the attacks againstthe civilian population by the government forces were of a widespreadand system atic nature , and they we re comm itted p urs uan t to a State poHcy.

34 . On the basis of the examples considered by the Chamber, there is asufficient basis to conclude that there was a widespread and systematicattack directed against members of the civilian population who werebelieved to su ppo rt the rebel forces, following the attem pted coup d'ta t of19 Septem ber 2002. Accord ingly, the Cha mb er is of the view tha t theincidents of murder and rape which formed an integral part of the eventsanalysed above, appear to constitute crimes against humanity underArticle 7(l)(a) and (g) of the Statute .

35. In light of the limited information provided by the Prosecutor, theChamber is unable to assess whether crimes against humanity may alsohave been committed by any of the rebel forces.

V. Conclusion36. In accordance with the Decision of 3 October 2011, and in light of the

information analysed above, the Chamber is of the view that the violentevents in Cte d'lvoire in the period between 19 September 2002 and 28November 2010, although reaching varying levels of intensity at differentlocations and at different times, are to be treated as a single situation, inwhich an ongoing crisis involving a prolonged political dispute andpower-struggle culminated in the events in relation to which the Chamberearlier authorised an investigation. The Chamber concludes that there isreasonable basis to beHeve that, in the course of these events, acts of

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murder and rape that could amount to war crimes or crimes againsthumanity were committed.

37. Accordingly, the Chamber expands its authorisation for the investigationin Cte d'lvoire to include crimes within the jurisdiction of the Courtallegedly comm itted betw een 19 September 2002 and 28 No vem ber 2010.

38. The Chamber notes that the Prosecutor has referred to other crimescommitted during this period that may fall within the jurisdiction of theCourt. The Chamber has concentrated on the most significant of thesam ples of incidents. Accordingly the Prosecutor is not limited as to ra ngeof offences within the jurisdiction of the Court that he is entitled toconsider, provided they fall within the timeframe for the investigationhereby authorised b y the Chamber.

Done in both E nglish an d French, the English version being authoritative.

Judge Si lvia Fernandez de G urm endi tudge Elizabeth Od io Benito Judg e A drian FulfordDated this 22 Februa ry 2012At The Hag ue, The N etherlands

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Côte d'Ivoire : la CPI élargit son enquête aux crimes commis depuis 2002