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

OTP Situations and Cases
containing preliminary lists of persons from
both the pro-Gbagbo and pro-Ouattara sides
that appeared to bear the greatest responsibility,
‘including those who ordered, financed and
otherwise organi[s]ed the alleged crimes’. 1018
The Prosecutor’s request for authorisation to
open an investigation detailed several incidents
of rape and sexual violence experienced by
the civilian population. The Prosecutor stated
that there were at least 100 reported cases of
rape but that he expected the total number of
rape incidents to be higher. 1019 In particular, the
Prosecutor asserted that sexual violence was
most prevalent along ethnic and/or political
lines, and that victims were often told by their
aggressors that they were being punished for
their ethnicity and/or political affiliations.
The Prosecutor’s request stated that the
elements of admissibility and interests
of justice were satisfied in this case. 1020 In
regards to complementarity, the Prosecutor
acknowledged that domestic investigations were
being conducted into crimes in Côte d’Ivoire,
but asserted that there were no domestic
investigations or proceedings pending against
those persons bearing the greatest responsibility
for the post-election crimes that fall within the
jurisdiction of the ICC. 1021 The Prosecutor cited
the letter of President Ouattara to him, dated
3 May 2011, setting forth that ‘the Ivorian
judiciary is not at this stage in the best position
to address the most serious of the crimes’ that
have been committed since 28 November 2010,
and ‘any attempt at trying the most responsible
1018 ICC-02/11-3, para 46.
1019 ‘ICC Prosecutor requests judges for authorisation to
open an investigation in Côte d’Ivoire’, Press release,
Office of the Prosecutor, 23 June 2011, available at
, last visited on 27 October 2011.
1020 ICC-02/11-3, paras 7, 44.
1021 ICC-02/11-3, paras 45-53.
individuals may face multiple obstacles’. 1022
Significantly, the Justice Minister, after the
announcement of preliminary investigations by
President Ouattara on 27 April 2011, specified
that the investigation excluded crimes falling
within the jurisdiction of the ICC. 1023
On 6 July 2011, Pre-Trial Chamber III issued
an order to the Victims Participation and
Reparation Section (VPRS) 1024 concerning victims’
representations pursuant to Article 15(3) of the
Statute. 1025 The Chamber requested the VPRS to
provide a report of the representations received
from victims. The Chamber emphasised that in
order to have the Article 15 proceedings carried
out efficiently, the VPRS should undertake an
initial prima facie assessment ‘to ensure that
only those representations emanating from
sources who are potentially victims within the
meaning of Rule 85 of the Rules [of Procedure
and Evidence] are sent to the Chamber for
consideration, within the context of the
Prosecution’s present application’. 1026
On 29 August 2011, after the request for
an extension of time had been granted, the
Registry submitted the consolidated report on
representations received from victims from
Côte d’Ivoire. 1027 The report gave an overview
of the 1038 representations received by the
1022 ICC-02/11-3, para 49.
1023 ICC-02/11-3, para 49.
1024 The VPRS is located in the Registry of the Court.
1025 ICC-02/11-6.
1026 ICC-02/11-6, para 10. The Chamber, however, stated that
this was only relevant to the current application and
that subsequent applications regarding participation
in the proceedings would be considered separately and
in due course. Rule 85 of the Rules of Procedure and
Evidence provides: ‘For the purposes of the Statute and
the Rules of Procedure and Evidence: (a) “Victims” means
natural persons who have suffered harm as a result of
the commission of any crime within the jurisdiction
of the Court; (b) Victims may include organisations or
institutions that have sustained direct harm to any of
their property which is dedicated to religion, education,
art or science or charitable purposes, and to their
historic monuments, hospitals and other places and
objects for humanitarian purposes.’
1027 ICC-02/11-11-RED.
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