Gender Report Card on the International Criminal ... - YWCA Canada

OTP Situations and Cases
civilian population. 997 The Chamber found reasonable
grounds to believe that these acts constituted
persecution as a crime against humanity, and were
committed on political grounds in furtherance of the
Gaddafi Regime’s (state) policy of repression.
In its decision issuing the Arrest Warrants, the
Chamber found that even though Gaddafi did not
hold an official title, there were reasonable grounds
to believe he was ‘the de facto head of the Libyan
State’. 998 The Chamber found that that there were
grounds to believe that Gaddafi, as de facto head
of state, and his son, Saif Al-Islam, were indirect coperpetrators
and criminally responsible for attacks
against civilians and the crimes against humanity of
murder and persecution. The Chamber further found
reasonable grounds to believe that Al-Senussi was
an indirect perpetrator and criminally responsible
for the crimes against humanity of murder and
persecution. The Chamber expressly acknowledged
the Prosecutor’s submission in regard to Saif Al-Islam’s
position as Gaddafi’s ‘unspoken successor and most
influential person within his inner circle’, and the
fact that he exercised the powers and control over
the state apparatus as ‘a de facto Prime Minister’. 999
The contributions of both Gaddafi and his son were
found by the Chamber to have been ‘paramount’ to the
implementation of their plans to suppress information
regarding the events occurring in Libya from
leaking. 1000 The Chamber found reasonable grounds
to believe that they designed and executed orders to
implement plans, including instructions to publicly
incite the population to attack dissidents. Further,
the Chamber found reasonable grounds to believe
that Al-Senussi as head of the military intelligence,
exercised control over armed forces that were ordered
to suppress civilian demonstrations. 1001
As described above, Pre-Trial Chamber I issued
Warrants of Arrest for Gaddafi, Saif Al-Islam and Al-
Senussi for murder as a crime against humanity 1002
and persecution as a crime against humanity. 1003
Gaddafi and Al-Islam were charged as indirect coperpetrators
under Article 25(3)(a); Al-Senussi was
charged as indirect perpetrator under Article 25(3)(a).
997 ICC-O1/11-12, para 42.
998 ICC-O1/11-12, para 17.
999 ICC-01/11-12, para 96.
1000 ICC-01/11-12, para 79.
1001 ICC-01/11-12, para 84.
1002 Article 7(1)(a).
1003 Article 7(1)(h).
Côte d’Ivoire
In November 2010, following the presidential
election in Côte d’Ivoire, violence broke out which
has been described as the worst humanitarian
and human rights crisis for the region since the
de facto separation of the country in September
2002. 1004 Incumbent President Laurent
Gbagbo contested the victory in the election
of his rival Alassane Ouattara, and refused to
transfer power. Pro-Gbagbo forces, including
security forces, youth leaders, militia and
Liberian mercenaries, launched several attacks
involving heavy weaponry against civilians in
neighbourhoods perceived to be supporting
the newly-elected President Ouattara. 1005 In late
February 2011, violence intensified between
pro-Gbagbo and pro-Ouattara forces and rebel
forces that supported both sides. On 25 March
2011, the UN Human Rights Council sent an
independent, international commission of
inquiry to investigate allegations of serious
human rights abuses committed during the
post-election period. Their final report concluded
that acts amounting to crimes against humanity
and war crimes may have been committed. 1006
On 30 March 2011, the UNSC also condemned
the violence that took place in Côte d’Ivoire in
Resolution 1975. 1007
<strong>Report</strong>s of sexual violence began circulating
soon after the outbreak of the post-election
violence. Several reports alleged that gangrapes
of women, abductions and sexual slavery,
as well as the burning of hundreds of homes,
extrajudicial executions, disappearances and
other violence had been committed in the
commercial capital Abidjan and the west of
1004 ‘Côte d’Ivoire: six months of post-electoral violence:
Summary’, Amnesty International, 25 May 2011,
available at , last visited on 27 October 2011.
1005 ICC-02/11-3, para 3.
1006 Human Rights Council, 16th Ordinary Session, 18 March
2011, A/HRC/RES/16/25.
1007 Resolution 1975, UNSC, 6508 th meeting, S/Res/1975
(2011), 30 March 2011.
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