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

OTP Situations and Cases
Crimes against humanity
The Chamber first examined the acts allegedly
committed by pro-Gbagbo forces. It considered the
evidence submitted by the Prosecutor and concluded
that the available information substantiated ‘that there
is a reasonable basis to believe that in the aftermath
of the presidential elections in Côte d’Ivoire an attack
was committed by pro-Gbagbo loyalists against the
civilian population in Abidjan and in the west of the
country, from 28 November 2011 onwards’. 1036 The
Chamber further came to the conclusion that there
was a reasonable basis to believe that the attack was
based on an organisational policy under the leadership
of former President Gbagbo 1037 against his political
opponents. 1038 The Chamber concluded that the
material submitted by the Prosecutor and the victims’
representations provided a reasonable basis to believe
that the attack was widespread and systematic. 1039
With respect to the underlying acts constituting crimes
against humanity, the Chamber found that based on
the available information there was a reasonable basis
to believe that murders, 1040 rapes, 1041 imprisonment
or other severe deprivation of physical liberty, 1042 and
enforced disappearances 1043 had been committed by
pro-Gbagbo forces during the period of post-election
violence, starting on 28 November 2010. 1044 The
Chamber saw the alleged crimes not as isolated acts,
but as part of an attack, and ‘thus constituting crimes
against humanity’. 1045
Under the heading ‘other underlying acts not presented
by the Prosecutor’, the Chamber considered the crime
against humanity of torture and other inhumane acts,
and stated – despite the absence of a submission by
the Prosecutor with respect to these crimes – that the
material and information presented by the Prosecutor
‘indicates that acts of torture and other inhumane acts
were committed by pro-Gbagbo forces’, and that there
was a reasonable basis to believe that torture and other
inhumane acts were committed from 28 November
2010. 1046
The Chamber took note of the Prosecutor’s submission
that the available information had not established
a reasonable basis to believe that crimes against
humanity were committed by Pro-Ouattara forces,
and that he would further investigate whether pro-
Ouattara forces had committed such crimes in the
event he obtained authorisation from the Chamber. 1047
The Chamber concluded that based on the available
information there was a reasonable basis to believe
that pro-Ouattara forces committed attacks against
civilians belonging to specific ethnic communities and
suspected to be supporters of Laurent Gbagbo, in the
west of Côte d’Ivoire. 1048 The Chamber thus disagreed
with the Prosecutor’s submission that the current
available information did not establish a reasonable
basis to believe that crimes against humanity were
committed by pro-Ouattara forces. The Chamber
further found that these acts were committed in
a manner strongly suggesting ‘the existence of an
organisational policy’ and were also widespread and
systematic. 1049 As to the underlying acts constituting
crimes against humanity, the Chamber concluded
that based on the available information there was a
reasonable basis to believe that murders, 1050 rape, 1051
and imprisonment or other severe deprivation of
liberty 1052 were committed by the Forces républicaines
de Côte d’Ivoire (FRCI) and other pro-Ouattara forces,
not as isolated acts but as part of an attack and thus
constituted crimes against humanity, in the west of
Côte d’Ivoire in March 2011, and in other parts of the
country, over a wider time period, respectively. 1053
1036 ICC-02/11-14, para 41.
1037 Also after the election, President Gbagbo controlled large
parts of Côte d’Ivoire.
1038 ICC-02/11-14, paras 47, 51.
1039 ICC-02/11-14, para 62.
1040 ICC-02/11-14, paras 63-67.
1041 ICC-02/11-14, paras 68-72.
1042 ICC-02/11-14, paras 73-76.
1043 ICC-02/11-14, paras 77-82.
1044 ICC-02/11-14, paras 89-91.
1045 ICC-02/11-14, para 90.
1046 ICC-02/11-14, paras 83-86.
1047 ICC-02/11-14, paras 93. However, the Prosecutor
submitted that one attack by the FRCI on the ‘Carrefour’
neighbourhood of Duekoue was committed in a
systematic way.
1048 ICC-02/11-14, para 95.
1049 ICC-02/11-14, paras 100, 101, 105.
1050 ICC-02/11-14, paras 106-108.
1051 ICC-02/11-14, paras 109-111.
1052 ICC-02/11-14, paras 112-114.
1053 ICC-02/11-14, para 116.
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