ANALYSIS OF THE ICC’S JURISDICTION AND AUTHORITY WITH A SPECIAL REFERENCE TO THE CASE OF LAURENT GBAGBO

Profile of the author : Antish Rathore is a third year student of B.A. LL. B. (Hons.) from Alliance University, Bengaluru. Her areas of interest include Public Administration and International Law.

The International court, established in 2002, seeks to carry to account those guilty of a number of the world’s worst crimes. Champions of the court say it deters would-be war criminals, bolsters the rule of law, and offers justice to victims of atrocities. But, since its inception, the court has faced considerable setbacks. It has been unable to gain the support of major powers, including the US, China, and Russia. Two countries have withdrawn from the court, and lots of African governments complain that the court has singled out Africa. More recently, the administration of Donald J. Trump has ramped up U.S. opposition to the court, renewing debate over the court’s legitimacy. But before this in 2011, ICC issued the arrest warrant of the ivory coast former president and politician Laurent Gbagbo for the bloodshed which happened after the presidential election 2011. ICC put the charges on him that he was the mastermind of the bloodshed which happened in 2011 and also acquitted him on charges of crime against humanity. He was also arrested and detained in 2011.

Later on, ICC acquitted Laurent Gbagbo for the crime against humanity and detained him for a long time without trial. Now after the trial and arguments, the court concluded that there is lack of evidence against him and the prosecutor did not provide enough evidence for burden of proof on them. And the court released him after that. This is the main reason that most questions raised after this. How could someone have been detained like this? If he was innocent then why would he be detained for so long without trial? There must be a trial.

This case is completely based on a bloodshed which happened because the presidential election candidate refused to accept the defeat which he faced in the presidential election. But after some years ICC dismissed the prosecutor’s arguments because of lack of evidence.

ICC AND ITS JURISDICTION –

ICC can prosecute crimes against humanity, which are serious violations committed as a part of a large-scale attack against any civilian population. The 15 sorts of crimes against humanity listed within the Rome Statute include offences like murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation.

The court has jurisdiction over genocide, or the intent to destroy in whole or in part a national, ethnic, racial, or religious group.

ICC also focus on war crimes which are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes.

The final crime falling within the ICC's jurisdiction is the crime of aggression. It is the utilization of armed force by a State against the sovereignty, integrity or independence of another State. The definition of this crime was adopted through amending the Rome Statute at the primary Review Conference of the Statute in Kampala, Uganda, in 2010.On 15 December 2017, the Assembly of States Parties adopted by consensus a resolution on the activation of the jurisdiction of the Court over the crime of aggression as of 17 July 2018.

In addition, the prosecutor’s office opened investigations proprio motu in Kenya in 2010, the Ivory Coast in 2011, Georgia in 2016, Burundi in 2017, Bangladesh and Myanmar in 2019, and Afghanistan in 2020. Preliminary examinations have been opened in eight other countries—including Colombia, Ukraine, and Venezuela—as well as in the Palestinian territories.

IVORY COAST BLOODSHED CASE-

Laurent Gbagbo is the former president of Ivory coast. Charles Blé Goudé, an in-depth ally of Gbagbo, was the youth and employment minister in Gbagbo’s government and therefore the leader of the Young Patriots, a pro-Gbagbo militia group.

The International court (ICC) has charged both men with individual criminal responsibility on four counts of crimes against humanity: murder, rape and other sorts of sexual violence, other inhumane acts, and persecution.

In December 2010, Gbagbo refused to step down when the Independent Electoral Commission and international observers proclaimed his rival, Ouattara, the winner of the November 28, 2010 presidential runoff. In the resulting five months of violence and armed conflict, a minimum of 3,000 people was killed and quite 150 women raped, with soldiers on each side targeting civilians consistent with political—and sometimes, ethnic and religious—affiliation.

Elite private security force units closely linked to Gbagbo abducted neighborhood political leaders related to Ouattara’s coalition, dragging them faraway from restaurants or out of their homes into waiting vehicles. Family members later found the victims’ bodies in morgues, riddled with bullets.

The charges relate to the 2010-2011 post-election crisis in Côte d’Ivoire, when Gbagbo refused to simply accept the victory within the November 10 presidential election of Alassane Ouattara. Gbagbo’s refusal to go away from office led to an armed conflict during which a minimum of 3,000 civilians were killed and quite 150 women were raped, with serious human rights violations by each side.

Ivorian authorities captured Gbagbo on April 11, 2011. He remained in custody in Ivory coast until his transfer to The Hague in November 2011. The Ivorian authorities surrendered Blé Goudé to the ICC in March 2014.

In March 2015, the ICC Trial Chamber joined their cases since the 2 men’s conduct within the crimes alleged is “closely linked.” The Trial Chamber also explained that, consistent with the prosecution, largely an equivalent evidence is going to be presented in both cases

Gbagbo is the first former head of state to be tried by the ICC. His trial sends the message that the reach of justice extends to even the most powerful people when they commit the worst crimes.

Laurent Gbagbo’s wife, Simone, has been in detention in Côte d’Ivoire since April 2011. In February 2012, the ICC issued a sealed bench warrant against her, alleging that she was also a part of the “inner circle” liable for crimes against humanity by pro-Gbagbo forces. But the ICC is a court of last resort, and does not have jurisdiction over cases being tried before national courts, provided that those efforts are genuine. In October 2013, Ivorian authorities formally challenged the admissibility of the case before the ICC, claiming that Simone Gbagbo was under investigation domestically for offenses similar to the ICC charges she faces.

In March 2015, Ivorian authorities convicted Simone Gbagbo on charges associated with crimes against the state committed during the 2010-2011 post-election crisis, during a trial riddled with fair trial concerns. She has been sentenced to twenty years in prison, although the case is being appealed by both the prosecution and therefore the defense in ivory coast. This trial, however, concerned only offenses against the state, not the killings and rape that constitute the idea of crimes against humanity charges that she faces at the ICC.

By the conflict’s end, Human Rights Watch, a UN commission of inquiry, the International Federation of Human Rights, Amnesty International, and an Ivorian coalition of human rights organizations had documented war crimes and likely crimes against humanity by both sides. In August 2012, a national commission of inquiry established by President Ouattara released a report that also documented grave crimes by forces on both sides, including torture and hundreds of summary executions.

CRITICISM ABOUT ICC AFTER THIS MATTER-

After this case happened and there was lack of evidence against the accused, people started allegations on ICC. Most of them asked why the trial became so late and it also took too long. If there was lack of evidence then how could they detain the accused for too long. Also, most of them are questioning the authority of ICC. Many also said that ICC only targets African countries.

Since it began operations in 2003, the ICC’s investigations have concerned eight African countries. The ICC prosecution is examining a variety of situations outside of Africa—including in Palestine—to determine whether to open a proper investigation. Indeed, in 2015, the ICC prosecutor asked the court’s judges for permission to research crimes in Georgia.

The ICC’s specialise in crimes committed in Africa has led to accusations that it's unjustifiably targeting sitting African leaders for prosecution, particularly following the initiation of ICC cases against President Omar al-Bashir of Sudan and both the now-president and deputy-president of Kenya, Uhuru Kenyatta and William Ruto.

At an equivalent time, however, international justice has been applied unevenly. Powerful countries and their allies have often evaded justice when serious crimes are committed on their territories. This is due partly to the failure of some countries to hitch the ICC and therefore the role of the UN Security Council in determining which situations to ask the ICC when serious crimes are committed in countries that aren't ICC members. Human Rights Watch campaigns for justice wherever serious crimes are committed, regardless of political considerations.

These above are the questions which raised after this case. In the defense of these a former lawyer of ICC said that- it take time to gain evidence also he said that some would say that it is personal and some would say that it because of political pressure but he said that court has its own procedure which they follow for trial and also there were many reasons for delay of the trial and also he said that court is same for any person, it will definitely serve justice.

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