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

OTP Situations and Cases
War crimes
With respect to war crimes committed by both pro-
Gbagbo forces and pro-Ouattara forces, based on the
submitted material, the Chamber found that there was
a reasonable basis to believe that an armed conflict
of a non-international nature took place between
pro-Gbagbo and pro-Ouattara forces between 25
February and 6 May 2011. 1054 With respect to the
underlying acts committed by the Pro-Gbagbo forces,
the Chamber found that there was a reasonable basis
to believe that the war crimes of murder 1055 and
intentionally directing attacks against civilians 1056
had been committed between 25 February and 6
May 2011. 1057 The Chamber further concluded that
on the basis of the available information there was a
reasonable basis to believe that attacks intentionally
directed against UN Operation in Côte d’Ivoire (UNOCI)
personnel, equipment, and installations involved in a
humanitarian assistance or peacekeeping mission 1058
were committed by pro-Gbagbo forces between 27
February 2011 and 2 April 2011. 1059 The Chamber
further came to the conclusion that there was a
reasonable basis to believe that intentionally directed
attacks against buildings dedicated to religion 1060 were
committed by pro-Gbagbo forces between 25 February
2011 and 6 May 2011. 1061
The Chamber, under the heading ‘Other underlying
acts not presented by the Prosecutor’ found that there
was a reasonable basis to believe that pro-Gbagbo
forces committed acts constituting rape and sexual
violence 1062 between 25 February 2011 and 6 May
2011. 1063 The Chamber came to this conclusion despite
the fact that the Prosecutor in his request had not
submitted that the crimes of rape and sexual violence
were committed, although his evidence would have
supported such an argument. The Chamber stated
that there was a reasonable basis to believe that the
committed crimes ‘were closely related to the existence
of an armed conflict between the pro-Gbagbo and the
pro-Ouattara forces’. 1064
With respect to acts allegedly committed by pro-
Ouattara forces, the Chamber concluded that there
was a reasonable basis to believe that they were
responsible for murder and intentionally directing
attacks against civilians, as well as rape, between 25
1054 ICC-02/11-14, paras 125-127.
1055 Article 8(2)(c)(i).
1056 Article 8(2)(e)(i).
1057 ICC-02/11-14, paras 129-134.
1058 Article 8(2)(e)(iii).
1059 ICC-02/11-14, paras 135-139.
1060 Article 8(2)(e)(iv).
1061 ICC-02/11-14, paras 140-143.
1062 Article 8(2)(e)(vi).
1063 ICC-02/11-14, paras 144-148.
1064 ICC-02/11-14, paras 153.
February 2011 and 6 May 2011. 1065 Under the heading
‘other underlying acts not presented by the Prosecutor
(pillage)’ the Chamber again found– despite the
absence of a submission by the Prosecutor with respect
to the crime of pillage – that the available information
presented a reasonable basis to believe that pro-
Ouattara forces committed the war crime of pillage 1066
between 25 February 2011 and 6 May 2011. 1067 With
respect to ‘Other underlying acts not presented by the
Prosecutor (cruel treatment and torture)’, the Chamber
found a reasonable basis to believe that the FRCI and
other pro-Ouattara forces committed acts of torture
and cruel treatment between 25 February and 6 May
2011. 1068 The Chamber concluded that there was a
reasonable basis to believe that the crimes committed
by the pro-Ouattara forces ‘were closely related to
the existence of an armed conflict between the pro-
Gbagbo and pro-Ouattara forces’. 1069
<strong>Gender</strong>-based crimes
With respect to gender-based crimes, the Prosecutor
had submitted that there were reasonable grounds
to believe that rape as a crime against humanity
had been committed by pro-Gbagbo forces against
supporters of President Ouattara, or persons regarded
as pro-Ouattara, on the basis of their ethnicity. The
Pre-Trial Chamber considered the materials submitted
by the Prosecutor and the victims’ representations, and
concluded that there was ‘a reasonable basis to believe
that acts of rape were committed by pro-Gbagbo forces
during the period of post-election violence from 28
November 2010 onwards’. 1070 Under the heading ‘other
underlying acts not presented by the Prosecutor’, the
Pre-Trial Chamber examined the war crimes of rape
and sexual violence (Article 8(2)(e)(vi)). The Chamber
considered the evidence presented by the Prosecutor,
and found that it indicated widespread acts of rape,
along with other forms of sexual violence against
female and male Ouattara supporters. The Chamber
came to this conclusion despite the fact that the
Prosecutor himself had, in his request for authorisation
to investigate, not put forth that rape and sexual
violence as war crimes were committed. 1071 The
Chamber also took note of the victims’ representations,
and concluded that there was ‘a reasonable basis to
believe that acts constituting rape and sexual violence
were committed by pro-Gbagbo forces during the
period from 25 February 2011 and 6 May 2011’. 1072
1065 ICC-02/11-14, paras 154-161.
1066 Article 8(2)(e)(v).
1067 ICC-02/11-14, paras 162-165.
1068 ICC-02/11-14, paras 166-169.
1069 ICC-02/11-14, para 172.
1070 ICC-02/11-14, para 72.
1071 ICC-02/11-14, para 146.
1072 ICC-02/11-14, para 148.
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