By: Hannah Bennink

Impunity Watch Staff Writer

ABIDJAN, Ivory Coast – Citizens in the Ivory Coast began casting their votes on Saturday, October 31^st, 2020, in what has been an extremely controversial presidential election. The polls closed at 18:00 local time (GMT) and the votes are currently being counted; however, early estimates show a likely win for the incumbent.

Running in the election is: President Alassane Ouattara, age 78, of the Rally of Houphouëtists for Democracy and Peace; Henri Konan Bédié, age 86, of the Democratic Party of Ivory Coast; Pascal Affi N’Guessan, age 67, of the Ivorian Popular Front faction; and Kouadio Konan Bertin, age 51, as an independent candidate.

Protests broke out in August when, in response to the death of his preferred successor, President Ouattara said he would run for a third term despite it violating the country’s constitution’s two-term presidential limit. The President justified his running for a third term because of a 2016 constitutional referendum, which he claimed, “reset the clock” and invalidated his first term. His opponents disagreed, however, saying a third term for the president would be illegal.

The protests in response to the election began in August and have resulted in at least 30 deaths. There were at least 12 more deaths from election day clashes. Opposition parties had called for civil disobedience, mass protests, and an overall boycott of the presidential vote in an effort to “block a dictatorship.” Opposition activists blocked roads and burned election materials, shutting down an estimated 23 percent of polling stations. The protestors closest to the neighborhood where President Ouattara cast his ballot were cleared with tear gas.

There have been long-standing tensions in the Ivory Coast between several of the country’s leading politicians, but most the most recent conflict occurred in 2010 when Laurent Gbagbo, the president at the time, refused to concede to now President Ouattara. A violent civil war followed and resulted in more than 3,000 deaths in five months of violence. Gbagbo was acquitted of crimes against humanity at the International Criminal Court, however many believe that anger over Ouattara’s seeking a third election may end in another massive violent conflict.

The International Criminal Court voiced its concern about the escalation of violence in the Ivory Coast as the election grew near, specifically the allegations of intercommunal violence and the destruction of civilian-owned property. The Court noted that its investigations on the Ivory Coast, opened in October 2011, remain ongoing and that the violence seen in 2010 must not be repeated by any side.

On November 2^nd, in response to what seems to be an overwhelming win for President Ouattara, opposition leaders announced that they will not recognize the President’s victory. The leaders also stated that they have formed a national transition council and that an interim government would be named to prepare for a new election.

For further information, please see:

BBC NEWS – Ivory Coast elections: Voters go to the polls amid opposition boycott – 31 Oct. 2020

International Criminal Court – Statement by the ICC Prosecutor on the pre-election violence and mounting intercommunity tensions: The violence seen in Côte d’Ivoire during the first pre- and post-election crisis of 2010 must not be repeated – 28 Oct. 2020

AP News – Ivory Coast Opposition asserts 12 dead in election violence – 31 Oct. 2020

AP News – Ivory Coast tensions rise as president seeks 3^rd term – 30 Oct. 2020

Thomson Reuters – Ivory Coast’s Ouattara takes early lead in election – 1 Nov. 2020

Al Jazeera – Ouattara’s election victory could risk Ivory Coast’s stability – 2 Nov. 2020

By: Rebecca Buchanan

Impunity Watch Staff Writer

THE HAGUE, Netherlands – On October 21^st, 2020, Trial Chamber X of The International Criminal Court (ICC) released new public redacted versions of key trial decisions in the case of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mohamed (Al Hassan).

The Al Hassan trial began on July 14^th, 2020, following a lengthy Pre-Trial Phase. Al Hassan is accused of war crimes and crimes against humanity committed in Timbuktu, Mali between 2012 and 2013. On September 8^th, 2020, the prosecution began its ongoing presentation of evidence and witness testimony.

The newly released trial documents address the inclusion of prior recorded testimony, the validity of expert witnesses for the prosecution, and the late addition of evidence to the Final List of Evidence by the prosecution. The documents, originally dated August 5^th, 2020, provide valuable insight into the ongoing witness testimony brought by the prosecution, and shed light on the Chamber’s application of its own Rules of Procedure and Evidence.

On June 1^st-2^nd, 2020, the prosecution filed multiple requests regarding 27 proposed expert witnesses. They sought to authorize the validity and use of specific expert witnesses (noted in the document by number, rather than name), and the introduction of previously recorded testimony by additional expert witnesses pursuant to Rule 68(3). Rule 68(3) of the ICC Rules of Procedure and Evidence allows the introduction of previously recorded testimony so long as the witness is present before the Trial Chamber, the witness does not object to the inclusion of the testimony, and all parties have the opportunity to examine the witness during the trial.

The defense filed a response to the request challenging the relevance and probative value of 6 expert witnesses and objecting to the inclusion of previously recorded testimony by 8 of the prosecution’s witnesses. In its ruling, the Chamber noted that it would not determine the admissibility of evidence until the end of the trial but would offer preliminary decisions relating to Rule 68(3) and the general permissibility of certain expert testimony. The Chamber determined that 21 of the 27 proposed expert witnesses for the Prosecution would be allowed to testify. The Chamber deemed the previously recorded testimony of 12 expert witnesses admissible under 68(3) but, in service of fairness to the defense, limited the prosecution’s examination to one hour.

The June 1^st-2^nd, requests also included an appeal for late additions to the prosecution’s Final List of Evidence pursuant to Regulation 35 of the Regulations of the Court. Regulation 35 allows the court to extend any time limit placed upon parties when good reason is shown, or when a party can prove they were unable to file their application within the time limit for reasons beyond their control. The defense filed a response opposing portions of the prosecution’s request, noting that the prosecution had already been granted an extension on the deadline to produce evidence from April 14, 2020, to May 12, 2020. The Chamber judgment granted the addition of 11 items into the prosecution’s Final List of Evidence, none of which were objected to by the defense.

The prosecution’s presentation of evidence and witness testimony is ongoing. The defense and Legal Representatives of Victims will give their opening statements when the prosecution concludes its presentation of the case.

For further information, please see:

International Criminal Court – Al Hassan Case: Decision on the Prosecution’s Proposed Expert Witnesses – 21 Oct. 2020

International Criminal Court – Al Hassan Case: Decision on the Prosecution Requests Pursuant to Regulation 35 Regarding P-0660 and P-0661 and to add 12 items to its Final List of Evidence – 21 Oct. 2020

International Criminal Court – Al Hassan Case: Case Information Sheet – Oct. 2020

Impunity Watch – First Witness of the Prosecution Testifies at Al Hassan’s Trial – 5 Oct. 2020

By: Thomas Harrington

Journal of Global Rights and Organizations, Lead News Editor

BANGUI, Central African Republic – Fatou Bensouda, International Criminal Court’s (ICC) chief prosecutor in its investigation into the Central African Republic (CAR), met with CAR’s president to discuss the progress of the ICC’s investigations and the upcoming trials of two of the accused. Bensouda concluded her third trip to the CAR since the ICC’s investigations into the conflict began in 2014.

The conflict in the CAR has been going on since March of 2013 and is between ex-Seleka Muslims and anti-Balaka Christians. The fighting has caused the displacement of millions and has resulted in numerous war crimes. While the CAR is predominantly Christian, Seleka rebels overthrew the government in 2013 and held power until 2014. The Seleka president was forced to step down due to international pressure and disbanded the Seleka. Since then, the country has largely been separated into a Muslim North and Christian South. The Christian anti-Balaka militias and ex-Seleka groups have since continued the fighting. The United Nations Security Council and the ICC began investigations into human rights abuses back in 2014, and two cases are about to begin in the ICC.

On February 9th, 2021, the trial against Alfred Yekatom and Patrice-Edouard Ngaïssona, is set to begin in the ICC. The charges against them are a result of the ICC’s investigation, asked for by the CAR’s government, into both sides of the conflict. Yekatom and Ngaïssona are both accused of being anti-Balaka leaders who committed various crimes against humanity and war crimes against Muslim Seleka’s. While the investigation is into both sides of the conflict, the ICC has so far not charged any Seleka fighters.

Alfred Yekatom is an alleged former commander in the anti-Balaka movement who commanded around 3,000 soldiers. He is accused of committing the war crimes of murder, torture, directing attacks against a civilian population, “enlistment and conscription of children under the age of 15 years to participate in hostilities,” amongst other crimes. Yekatom is also accused of multiple crimes against humanity in various locations throughout the CAR.

The ICC stated that Patrice-Edouard Ngaïssona was the National General Coordinator of the anti-Balaka militia, and that he aided, abetted, or otherwise assisted in crimes against humanity and war crimes in the CAR. Ngaïssona was the former head of the CAR’s football federation and committee member of the Confederation of African Football. Because of his position, many in the CAR believed him to be “untouchable.” He was arrested in France in 2018 and charged with similar war crimes and crimes against humanity as Yekatom, with the addition of rape.

The Pre-trial Chamber II joined the cases of Yekatom and Ngaïssona in February of 2019. The decision was made in order to enhance and expedite the proceedings and avoid duplication of evidence. At the time of the joinder, 1,085 victims had been permitted to participate in the hearing through legal representation.

Bensouda’s trip to the CAR, along with the ICC’s launch of an assistance pilot project from the Trust Fund for Victims (TFV), are important visible steps toward justice from the horrific violence from this conflict. The ICC is showing that it is continuing to keep its promise, from 2014, to investigate the crimes against humanity committed in the CAR between the ex-Seleka and anti-Balaka groups.

For more information, please see:

International Criminal Court – Statement of the Prosecutor, Fatou Bensouda – 1 Oct. 2020

International Criminal Court – Case Information Sheet: Situation in Central African Republic II – 17 Mar. 2020

AP News – ICC: Former Central African Republic militia leader arrested – 12 Dec. 2018

Aljazeera – UN launches CAR probe to prevent genocide – 10 Mar. 2014

BBC NEWS – Central African football official Ngaïssona faces war crimes trial – 12 Dec. 2018

Reuters – Central African Republic rebels demand partition in Brazzaville talks – 22 Jul. 2014

International Criminal Court – Press Release – 8 Oct. 2020

By: Hannah Gavin

Impunity Watch Staff Writer

THE HAAG, The Netherlands – This summer United States President Donald Trump issued an executive order leveling sanctions against the International Criminal Court’s lead prosecutor Fatou Bensouda and officials on the court.

The sanctions were deemed a response to the ICC’s decision to investigate U.S. crimes in Afghanistan since the early 2000s. The ICC’s lead prosecutor asked for an investigation to be opened to examine the U.S.’s role in the country. Specifically, Bensouda wanted to look into the ways in which detainees were interrogated, and whether soldiers had committed war crimes including torture, cruel treatment, and sex crimes. The U.S. use of torture has been under a magnifying glass for decades and was only heightened by several public incidents of torture to detainees in U.S. custody, primarily in the Middle East and U.S. military prisons.   

The sanctions imposed cut off Bensouda and her colleagues from assets in the U.S. as well as from all commercial or financial transactions with U.S. banks and companies. This blow will turn not only American based companies away from the court but will affect the individual’s ability to utilize non-U.S. companies and banks who refuse their service for fear that they may be subject to sanctions for not complying. Sanctions have historically been utilized for terrorists, and to protect international peace and national security. They are not intended to be leveled against prosecutors who are working towards justice for international crimes. In addition, individuals have had severe restrictions placed on them regarding entrance to the U.S. 

This month a group of NGOs, faith-based groups, legal professionals, experts and former government officials released a letter in response to the sanctions. The signatures on the document comprised of 58 of the United States’ most respected organizations, colleges and professionals. They all unequivocally condemned the President’s actions. The group cited their reason for publishing the letter, “[I]t is uniquely dangerous, extreme, and unprecedented to utilize a mechanism designed to penalize criminals, their aiders, and abettors, against an independent judicial institution.” The letter went on to emphasize that the U.S. has placed itself on the side of impunity over justice. This effectively places the U.S. on the world stage against righteousness.  

In the first year of his term, Donald Trump chose the slogan “America First” to represent some of his policies and his ideals for the nation. He has shown this to mean that he protects the America he wants to. Immigrants and “outsiders” are not included. Although his apprehension toward an investigation of U.S. troops is not surprising, it is unsettling. As one of the leading nations in the World, with troops stationed in nearly every country globally, we have a responsibility. If we choose to place ourselves on the world stage as a protector, we have a duty to take responsibility for actions that are contradictory to that. We must stand on the side of justice, or we risk allowing impunity to reign.

For further information, please see:

Human Rights Watch – Non-Governmental Organizations, Faith-Based Groups, Legal Professionals, Experts, and Former Government Officials Unequivocally Oppose U.S. Sanctions Against the International Criminal Court – 21 Sept. 2020

NPR News – Trump Administration Sanctions ICC Prosecutor Investigating Alleged U.S. War Crimes – 2 Sept. 2020