SERAP petitions ICC over Côte d’Ivoire killings and rape
The Socio-Economic Rights and Accountability Project (SERAP) has petitioned Mr Luis Moreno Ocampo, Prosecutor, International Criminal Court asking him to “use your good offices and position to investigate allegations of the unlawful killings of at least 200 people and rape and perpetration of other crimes under international law during the recent violence in Côte d’Ivoire, following the presidential election on 28 November 2010 won by the opposition leader, Alassane Ouattara.”
The organization also urged the ICC to “bring to justice anyone who ordered and encouraged these international crimes prohibited under the Rome Statute of the International Criminal Court.”
In a petition dated 24 December 2010, and signed by Solicitor to SERAP, Mr Femi Falana, the organization said that, “Although Côte d’Ivoire is not a party to the ICC, in 2003 the government made a declaration accepting the ICC’s jurisdiction “for the purposes of identifying, investigating and trying the perpetrators and accomplices of acts committed on Ivorian territory since the events of 19 September 2002.” Such crimes include war crimes, crimes against humanity, or acts of genocide. This declaration remains in force.”
Citing Amnesty International and Human Rights Watch the organization said that there are “reported cases of killings, rape, abduction and disappearances of opposition supporters by the security forces and unofficial militia. People—men, women and children—were dragged away in official vehicles and taken to undisclosed locations. There is strong evidence of extrajudicial executions.”
“According to the United Nations Deputy High Commissioner for Human Rights, Kyung-Wha Kang, 173 killings, 90 cases of torture or abusive treatment, 24 forced disappearances, and hundreds of arrests took place between December 16 and December 21. At least 20 people were killed and scores seriously injured when Gbagbo’s security forces opened fire on demonstrators during a December 16 march by Ouattara supporters.
Other sources put the figures of those killed at 200; while 1,000 have been wounded by gunfire, 40 disappeared, and 732 arrested. According to the Deputy High Commissioner for Human Rights, security forces blocked the UN mission’s human rights staff from investigating an allegation that there is a mass grave in an Abidjan neighborhood,” the organization added.
According to the organization, “The government does not have the capacity and the political will to bring those suspected
to be responsible for crimes under international law to justice. Given the government’s complicity in the commission of these serious human rights violations, it is unlikely that it will take any serious action to bring perpetrators to justice. We note that to date no one has been brought to justice for the international crimes committed during the 2002-2003 civil war.”
“Without accountability for these serious human rights crimes, the victims will continue to be denied access to justice, and impunity of perpetrators will remain widespread and the result will continue to be a vicious cycle of violence and abuses with serious consequences for the entire sub-region.
The denial of justice to victims of serious human rights abuses violates the Security Council (SC) Resolution 1325 on women, peace and security (October 2000), which emphasises the ‘responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity and war crimes,” the organization further added.
The organization also said that, “Pursuant to the Rome Statute, the Prosecutor has power to intervene in a situation under the jurisdiction of the Court if the Security Council or states parties refer a situation or if information is provided from other sources such as the information SERAP is providing in this case.
SERAP believes that substantial grounds exist to warrant the intervention of the Prosecutor in this case, especially given the government’s complicity in the crimes that are being committed in the country.”
The organization asked the ICC to:
1. Urgently commence an investigation proprio motu on the allegations of the unlawful killings of at least 200 people and the rape of women, and other crimes committed during the violence following the presidential election in November, with a view to determining whether these amount to international crimes within the Court’s jurisdiction.
2. Urge the Côte d’Ivoire government to fulfil its obligations under the 2003 declaration in which the country accepted ICC jurisdiction and to cooperate with the ICC; including complying with your requests to arrest and surrender suspected perpetrators of international crimes Côte d’Ivoire, take testimony, and provide other support to the ICC.