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

OTP Situations and Cases
With regard to crimes against humanity committed
by the pro-Ouattara forces, the Pre-Trial Chamber –
despite the absence of a submission by the Prosecutor
– nevertheless considered the material presented by the
Prosecutor as well as the victims’ representations, and
came to the conclusion that there was ‘a reasonable
basis to believe that offences of rape were committed
by the FRCI and other pro-Ouattara forces’, 1073 in
particular in the west of Côte d’Ivoire in March 2011. 1074
These crimes were submitted by the Prosecutor as
war crimes, 1075 and the Chamber concluded that the
available information substantiated that there was a
reasonable basis to believe that in the period between
25 February 2011 and 6 May 2011, pro-Ouattara forces
had committed crimes of rape in the west of Côte
d’Ivoire and in Abidjan. 1076
Temporal scope of the investigation,
jurisdiction, and admissibility
In determining the temporal scope of the Prosecutor’s
investigation, the Chamber noted that the Prosecutor
had requested authorisation to open an investigation
focusing on the period beginning 28 November 2010,
but had also suggested that the Chamber might
‘conclude that the temporal scope of the investigation
should be broadened to encompass events that
occurred between 19 September 2002 and the date
of the filing of the Request, ie 23 June 2011’. 1077
With respect to the end date of the investigation
authorisation, the Chamber, referring to the decision
of Pre-Trial Chamber I on the Arrest Warrant for
Mbarushimana, stated that the authorisation shall
cover investigations into ‘continuing crimes’, ie also
into crimes occurring after the date of the Prosecutor’s
request for authorisation, if the actors and the
contextual elements of the crimes after 23 June 2011
were the same as of the crimes committed before such
date. 1078 As to the start date of the authorisation, the
Chamber stated that due to the Prosecutor’s insufficient
information and supporting material regarding specific
events before 28 November 2010, the Chamber was
not in a position ‘to determine whether the reasonable
basis threshold has been met with regard to any specific
crimes’. 1079 The Chamber, pursuant to Rule 50(4) of the
Rules of Procedure and Evidence, thus requested the
Prosecutor to revert to the Chamber with any additional
information on ‘potentially relevant crimes committed
between 2002 and 2010’. 1080
1073 ICC-02/11-14, para 111.
1074 ICC-02/11-14, paras 109-111.
1075 ICC-02/11-14, paras 158-159.
1076 ICC-02/11-14, para 161.
1077 ICC-02/11-14, para 175.
1078 ICC-02/11-14, paras 178-179.
1079 ICC-02/11-14, para 184.
1080 ICC-02/11-14, para 185.
As regards the jurisdiction of the ICC, the Chamber
concluded that the alleged crimes were committed
on the territory of Côte d’Ivoire, and that the ICC
has jurisdiction ratione loci under Article 12(2)(a)
of the Statute. Hence, it did not need to examine
jurisdiction ratione personae under Article 12(2)(b) of
the Statute. 1081
The Chamber, in accordance with Article 17 of the
Statute, examined whether the case would be
admissible based on the available information, ie
whether there was a reasonable basis to proceed
to investigate. The Chamber, with respect to the
‘complementarity’ element of Article 17, found that
there were no national proceedings pending against
the persons who seemed to bear the responsibility
for the crimes and, in regard to the gravity of the acts,
found that there were potential cases that would
be admissible in the Situation in Côte d’Ivoire, if
the Chamber authorised such an investigation. 1082
The Chamber finally concluded that there were no
substantial reasons, and no indication in the victims’
representations, to believe that an investigation would
not serve the interests of justice. 1083 The Chamber thus
authorised an investigation into the Situation of Côte
d’Ivoire ‘with respect to crimes within the jurisdiction
of the Court committed since 28 November 2010’. The
Chamber also authorised investigation into continuing
crimes committed in the future as long as they were
part of the context of the ongoing Situation in Côte
d’Ivoire. 1084 The Chamber requested the Prosecutor to
revert within one month with additional information
with respect to potentially relevant crimes committed
in the time period from 2002 to 2010. 1085 At the time of
writing, the Prosecutor has not yet publicly submitted
additional information.
1081 ICC-02/11-14, para 188.
1082 ICC-02/11-14, para 206.
1083 ICC-02/11-14, para 208.
1084 ICC-02/11-14, para 212.
1085 ICC-02/11-14, para 213.
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