Cote d'Ivoire: International Criminal Court Judges Confirm Jurisdiction in Case Against Former Ivorian President

Photo: Fraternité Matin
Laurent Gbagbo at the ICC.

Appeals judges at the International Criminal Court (ICC) today unanimously dismissed an argument on its jurisdiction presented by defence lawyers for former Ivorian president Laurent Gbagbo, who is currently facing trial there on charges of crimes against humanity.

The lawyers had questioned Mr. Gbagbo's prosecution by the ICC, arguing that Cote d'Ivoire is not formally a state party to the Rome Statute, the court's founding treaty, according to an ICC news release. However, the court's Appeals Chamber dismissed the appeal and confirmed an earlier decision of the Pre-Trial Chamber I.

In August, the Pre-Trial Chamber had declined to grant Mr Gbagbo's request to find that the Court would lack jurisdiction over the post-2010 election period and events on which the warrant of arrest and the charges laid against him are based.

Côte d'Ivoire was rocked by a post-election crisis in late 2010, when Alassane Ouattara won a disputed presidential run-off election that led to months of deadly violence when Mr. Gbagbo - the runner-up and incumbent - refused to step down. He was later captured by security forces and transported to The Hague in the Netherlands to face trial at the ICC.

Mr. Gbagbo allegedly bears individual criminal responsibility, as an indirect co-perpetrator, for four counts of crimes against humanity, namely murder, rape and other sexual violence, persecution and other inhuman acts, allegedly committed during the post-electoral violence in Côte d'Ivoire between 16 December 2010 and 12 April 2011.

The former president's defence lawyers had alleged that Côte d'Ivoire, while not a State Party to the Rome Statute, had accepted the ICC's jurisdiction in a declaration made on 18 April 2003 only in relation to the events in 2002 and 2003, and not in relation to future crimes.

According to the ICC release, the appeals judges noted that under the terms of the Rome Statute, a State may accept the jurisdiction of the Court generally, and could not find a "temporal limitation" in the 2003 declaration.

The defence lawyers also asked for a stay of proceedings because of alleged violations of Mr. Gbagbo's fundamental rights during his detention in Côte d'Ivoire, prior to his transfer to the ICC. That request was also dismissed by the judges, citing procedural reasons.

The ICC is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity, and genocide.

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  • ras sideeq
    Dec 14 2012, 08:18

    "THIS HYPOCRITCAL COURT HAS NO TRUE LEGILATIVE OR JUDICIAL RIGHTS IN ANY INTERNATIONAL LAWS"!!!!!. THE PERCEPTION THAT CRIMES AGAINST HUMANITY IS SOLELY BASED ON THE RAMPAGES OF ZEALOTS OR THOSE WHO HAVE IDEOLOGICAL DIFFERNCES WHICH CAN BE MUSLIM CHRISTIAN BASED OR POLITICALLY BASED DRIVEN ACTS OF VIOLENCE. WHEN WE SPEAK OF CRIMES AGINST HUMANITY WE ARE SPEAKING OF PREMEDITATED CRIMES LIKE THOSE OF HITLER STALIN WHOSE PREMEDITATION WERE UNEXCUSABLE ;;FAST FORWARD TO SLAVERY IMPERIALISM WHO STANDS ACCUSED OR HAVE HAVING ACCEPTED THE RESPONSIBILITY FOR THIS AGGREVIOUS AN BARBARIC ACTS AGAINST HUMANITY???? . "WE SAW SARCOZY, CAMERON TOW FORMER COUNTRIES OF IMPERIALIST COLONISERS OF AFRICA STAND UNITED IN ENCOURAGEING ACTS OF VIOLENCE; EVEN ENCOURAGEING FORCED MIGRATIIONS FROM FORCE OF STARVATION BY SANCTIONS !!!! WHAT ARE THESE ACTS HUMANITARIAN ACTS !!! THESE PEOPLE ARE SICK THEY ARE NOT THINKING STRAIGHT !!! THE WEST!! AS THEY ARE DOING IN SYRIATODAY HISTORY CONTIUES TO REPEAT ITSELF . THEY REFUSED TO BRING THE OPPONENTS TO THE TABLEAS WE SEE TODAY IN SYRIA. THEY REFUSED TO COUNT THE VOTES SO THEY COULD SPOT IRREGULARITIES ; WHAT WE SAW IN COTE ' IVOIRE WAS A TRUE WHITE SUPREMACIST AGGRESSION AGINST A BLACK NATION"""""""!!!!!!!!!. "THE CONSTITUTIONAL COURT' RULED IN FAVOUR OF THE PRESIDNT' , YET THEY WERE DISMISSED AS IF THEY WERE NON ENTITIES ??? THE INTERNATIONAL COMMUNITY HAS NO CONVENTIONAL MODUS OPERANDI IN THE SOVEREIGN DECLARATIONS OR ARTICLES OF ANY SOVEREIGN AND INDEPEDNENT NATION' NONE WHAT SO EVER!!!!!!! NIETHER ON THE LEGISLATIVE OR EXECUTIVE BRANCHES OF ANY GOVERNMENT". "WHAT WE SAW WAS COLONIAL JUSTIFICATION TO OVERTHROW A GOVERTNMENT THAT WAS LEGAL!!!. "THE PEOPLE OF THE NATION BELIEVED IN THIER INSTITUTIONS'THEY SELECTED TO FOLLOW THE DICTAES OF THE COURT THAT SHOWED THAT DEMOCARCY WAS WORKING!!!!!!! THE WEST WITH THIER DICTATORHIPS THEIR FACIST INETEREFRNCE ALONG WITH THIER HYPOCRITICAL DYSFUNSTIONAL BEING MAKES IT CLEAR THAT THEY ARE NOT HAPPY ;;HOW PEOPLE ELECT OR APPROVE OF THIER LEADERS!!!!!!!... THEY CAN COME IN WITH THE USE OF THE UNITED NATIONS' OVERTHROW THIS LEGAL GOVERNMENT WITH PROPOGANDADA LIES AND VIOLENT FERVER !!.AFTER THIER REGIME CHANGETHEY CAN THEN CHARGE THE PRESIDING LEADER WITH EUROIEPAN CRIMES OF CRIMINALITY????????!!! HOW DEVATATING THIS FALACT OF WHITE SUPRENACY HITLER MUST BE FEELING GOOD TODAY!!!!. WE ARE SEEING THIS TREND ARISING THRUOUT EUROPE AND THE WEST IN GENERAL!!. THE BARS OF BLACK CRIMINALITY IS SO LOW THAT A BLACK MAN CAN SPIT AND FIND HIMSELF CRIMINALISED???? ; WHILE ON THE OTHER HAND LAWS ARE NOT MEANT FOR WHITES,THE WHTES HAS A THRESHOLD THAT EXCEEDS THE STRATOSPHERE!!! THIER CRIMINALITY CAN BE FORGIVEN WITH AN APOLOGY;;' NO MATTER THE CRIMES ??? ' TODAY WE ARE SEEING THIS NEW FORM OF WHITE SUPREMACY, CRIMINALISING OF ANTI WESTERN THINKERS; ANY AFRICAN THAT IS NOT PASSIVE,SUBMISSIVE ,TO EUROPE AND THE WEST WILL EXCEPT TO BE TOPPLED BY WEAPONS OF DESTRUCTION!!!.. THIS IS A POOR STATE OF AFFDAIRS THAT WE FIND ORUSELVESS IN TODAY!!!' WHO GAVE FRANCE OR ANY EX WESTERN COLNIAL ENSLAVERS JURISDICTION?? " OVER THIS FREE SOVEREIGN NATION" ???? WHY IS IT THAT THIER "CPONSTITUTIONAL COURT " WAS 'NT RECOGNISED ??? AND WHO SAID THAT IT CAN NOT OR SHOULD NOT BE RECOGNISED ???" WHERE IN INTERNATIONAL LAWS THAT IS IT STATED ?? WHERE DO WE FIND THAT FORMER RULERS OF COLONISED NATIONS HAS THE RIGHT TO KNOW WHO THE WINNER IS A OF A NATIONS ELECTION BEFORE THE PEOPLE OF THAT SAID NATION???? WHERE ELSE IS IT WRITTEN THAT THE INETRNATIONAL COMMUNITY CAN THEN ATTEST A AN ELECTION SELECTYING THE WINNER OVERIDING THE WISHES OF THE PEOPLE ; WHEN THERE WAS CLEAR EVIDENCE OF FRAUD AND MISCONDUCT!!! WHERE IS IT STATED THAT THE INTERNATIONAL COMMUNITY HAS THE RIGHT TO OVERTURN THE LEGISLATIVE BRANCH OF A FUNCTIONING DEMOCRATIC GOVERNMENT ??? 'THAT AGAIN IS SOVEREIGN!!!. WHERE DOES THE INETRNATIONAL COMMUNITY HAVE THE RIGHT TO TELL PEOPLE NOT TO GO WORK AND GO ON STRIKE ??? WHEN THIS IS NOT OBSERVED BY THE PEOPLE THEY [PUNISH THE PEIOPLE WITH SANCTIONS AND WAGE FREEZES ?????/EFFECTIVELY TRYING TO STARVE THE PEOPLE; WHEN THIS ALSO DOES NOT WORK !!!THEY THEN USE THE UN AS A ARMED INVADING FORCE?????LONGSIDE THE FORMER COLONIALIST WITH A ANOTHER NATION ALNG WITH MERCENARIES AND MURDERERS !!!!!. THEY ATTACK AND THEN OVER THROW THIS GOVERNMENT WHICH AGAIN WAS SOVEREIGN!!!!!!!!!!!. UNDER WHAT JURISDICTION WHAT ARTICLES OF INTERNATIONAL LAWS DOES THIS COURT FIND ITS RIGHT TO BECOME A DEFINER OF JUSTICE??? "WHEN IN FACT THE MAIN ANTAGONIST AND THE BENIFICIARY IS NOT NAMED AS CO PROTAGONIST IN THIS INDICTMENT AN CALL FOR JUSTICE???!!! " WHY IS THER NO MENTOIN OF QUATARRA AND SARCOZY WHO WAS THE LEAD PLAYER IN THIS SO CALLED CRIMINAL ENTERPRISE???? ARE WE THEN TO BELIEVE THAT SARCOZY IS ABOVE THE LAWS OF HIUMANITY OR ARE WE TO BELIVE THAT THERE IS CRIMINALITY ONLY IN AFRICA ??? ' THAT IS ONLY TO BE JUDGED BY FORMER COLONIALIST INSTITUTIONS AND LITIGATIONS???????????? WHAT I WOULD SUGGEST IN ORDER TO FIND TRUE JUSTICE WE MOVE THIS VENUE TO A NUETRAL NATION WITH POLITICAL JURISPRUDENCE OUTSIDE EUROPE???? WHERE WE FIND THAT PARTIALITY AND FORMER DIFFERNCES MAKES IT TOO DIFFICULT FOR FORMER ENSLAVER5 OF HUMANITY TO CORREECTLY WITHOUT PREJUDICE BIAS AN PARTIALITY JUDGE A 'HEAD OF STATE'.. WITH THESE MIMMICKRIES AND LAUGAABLE INUENDAS OF DELUDED NOTIONS THAT THE VICTIM IS THE WRONG DOER ?? WHEN WE CLEARLY SIGHT THE ONES WHO INVADED ? WHO CALLED FOR STRIKES AND SSANCTIONS ?? ON A NATION FOR THIER POLITICAL WILL!!!!!!!!!!!!THIS TYPE OF LOPSIDED JUSTICE CAN ONLY COME FROM THE MINDS OF WARPED UNFAIR DEMENTED CRIMINALS'' WHO ARE USING THESE POWERS AS AN ACT OF IMPUNITY""". TO PROVE THEY CAN DO THIS"!!!. NO RIGHT THINKING PERSON OF DEMOCRATIC IDEALS CAN STAND BEFORE RIGHT THINKING PEOPLE WHO ALSO STUDY AND READ THE LAW TEELING TO THE WORLD THAT THIS CONCEIVED TRIAL; OF WAR CRIMES ACTUALLY HAS THE HALL AMRKS OF PREMEDITATIONAS WE SE WITH PRISONS LIKE GUNATANOMO BAY IN CUB AND OTHER CERTAIN ILLICIT INTERNATIONAL CRIMES OF TORTURE AND KIDNAPPINGS THAT SURPASSES BORDERS ACCROSS THE GLOBEWITH SECRETIVE PRISONS THAT ARE NTO EMNTIONED. WHAT WE HAVE IS A EUROEP THAT THINKS THIER CRIMES AGINST HUAMNITY GOES ABOVE THE MIND SET OF TEH AFRICAN. THEY THINKING ALONG THIER DELUDED IDEOLOGIES THAT AFRICANS ARE DEPRAVED STUPID AND THEY THE WHITES ARE MUCH MORE SUPERIROR; AND THEY HAVE THE RIGHT TO DO AS THEY PLEASE WHEN THEY PELASE AND THEY ARE ABOVE THE LAWS BECAUSE THEY WRITE THESE LAWS THAT THEY CANBREAK. WHEN THEY SAY THAT YOU ARE CRIMINAL THEN THEY CAN JUDGE YOU AS SUCH. WHAT I WANT TO KNWO IS WHERE DOES THIS BITTERNESS CME FFROM WHY IS IT THAT THEY CAN BE PROSECUTOR DEFENDANT ACCUSER JUDGE...... THEN THERE IS YOU THE SOLE DEFENDANT!!!!!!!!!!!!!..... "COME ON ,..THIS IS OF A LOST PERIOD OF IGNOMITY IN WORLD HISTORY!!!. THE BLACK MAN WAS ENSLAVEDS COLONISED AND USED AS THE BUTT OF MANY MISLEADING RHETTORICAL MISNOMERS THAT HAVE CONTIUED TO PLAGUE THE BLACK MAN WAS WAS THIER MANY PALGUES THAT HAVE DEFATED THEMSELVES AND THE BLACK MAN SEEMD TO HAVE THRIVED EVN MORE SO THAN ANY TIME SINCE THE WHITES AHVE HAD DOMINION OVER THE PEOPLE. THE BLACK HUMANIY HAS EVADED THIER MANY DESTRUCTIVE VIRUSES THAT SEEMMED TO HAVE BECOME COMMON PLACE FOR THIER PHARMACUTECAL INDUSTRIES; THERE CONCLUSIONS HAVE NOT BEEN SATISFACTORY!!ALL THE DELUSIONS HAVE BEEN DEFLECTED AS THOGH THESE WERE PEOPLE OF IRON WAY ABOVE THE NROMAL THRESHLD OF THE AVERAGE WHITE PERSON!!!"". I SAY THIS WITH EXCLUSIVIYT THE WHITES HAVE ENGAED IN AFRICA A WAR OF ATTRITTION THAT HAS FAILED MSIERBALY!!; AT THIS POINT IN HSITROY WE SEE THAT THERE ARE MORE YOUNG DRUG FREE DISEASE FREE PEIOPLE IN AFRICA THAN ANYWHERE ELSE ONTHE PLANET !!!!!!!"". WE SEE A DECLINING WHITE RACE RACKED WITH MULTIPLE DISEASES THAT SEEMS TO HAVE NO RESOLVE YET THE BUITT OF THIER EVIL INETNT STILL THRIVES AND MOVES FROM STRENGFTH TO STRENGTH" THIS COURT IS NOT EVEN ABLE TO SEE THE TRUTH IF IT WAS WRITTEN ACCROSS THE SKY AND PRINTED ON THIER FOREHAEDS; THIS ILLIGEAL;IY THAT THEY PURSUE MUST BE RESCINDED FORM AFRICAN ARTILCES OF JSUTICE WE SEE THAT IT JUST DOES NOT HAVE ANY DIGNITY NOR DOES IT HAVE ANY JURISPRUDNCE FOR AFRICANS TO MAINATINA S A DEFENDER OF HUMANN VALUES. WE SEE DECEIT LIES HYPOCRISY DOUBLE SATNDARDS AND COLONIAL WHITE SUPREMACY THAT THEY WANT T REINFORCE UPON AFRICAN ELADERS. AS WE SAW THE DEATH FO A COMRADE AND ULTRA AFRICANIST BELOVED BROTHER LEADER GADAQFFI!!!!! MAY HE REST IN PEACE AND MAY "ALLMIGHTY GOD" WHOM HE MADE AMMENDS WITH FOR HIS MANY BENEVOLENT ACTIVITIES HIS MANY TRUE DIRECTIONS HIS STRONG INDEPENDENCE AND THE WILL TO SEE ALL AFRICANS AS FREE MAN. WE ARE SPEAKING OF AFRICA THAT WAS AND STILL IS MINUS THE LINES THEY HAVE DRAWN TO SPERATE US AND KEEP Y SEPERATED. WE HAVE PEOPLE LIEK THE TURKS THE SAUDIS THE QATARIS WHOM ARE SOLD SLAVES OF THE ENSLAVERS THEY AHVE SOLD THEIR SOULS WITH ALL THIER INHERRIATANCES TO THE WEST SO THEY CANBE AA POWER ON THIS PLANET TODAY!!!!!!> THIS WILL NOT BE SUCCESSFUL THEY WIL WILL FALL BE THE WAY SIDE ;;; WHAT THEY DO NTO KNOW IS THE TURTH IF THEY DO KNOW?? THEY HAVE SOLD IT TO THE DEVIL.. LET US BE CLEAR EITHER YOURECOGNISE THE GOD OF OUR FORE FATHERS OR YOU DONT ?? AFRICA COMPRISES OF ALL THE MID EAST AND ALL OF AFRICA WITH ALL ITS PEOPLE; THIS WAS WHERE HUMANITY BEGAN AND THE CIVILIZATIONS OF THE ANTIQUITIES WERE ESTABLSIHED; THE PEPLE OF THSI PLACE WAS BLACK THE FATHERS OF THE PEOPEL FO THE PLANET WERE ALL BLACKTHE NUBIANS TRHE AUSTRALOIDS WERE BLACK MAN THEY INETRMARRIED THEY BUILT TOGETHER AND THEY SEPERATED AT SOME TIME IN LATER HISTORY BUT THE FACT IS THAT THEY WERE BLACK MAN!! THE ASTRALOID MORE BLACKER THAN THE NUBIAN THE DIFFERNCE IS THE TYPE OF HAIR WHERE WE FIND THAT THE NUBIAN HAD TIGHT CURLS WHILE THE AUSTRALOID HAD LOOSE CURLS. THE ORIGISN OF MAN IS HERE IN AFRICA ALL AFRICA AND THEY ARE THE STORIES OF MAN!!!!!!!!!!!. THE SEPERATION OF THE CONTINENT IS BEING LED BY WHITE RACIST WHO WANTS TO RPOVE THAT THEY WERE THERE SOME WHERE IN THIS GLORIOPUS CONTINENT AS SOEM TYPE OF GERAT PEIOPLE S THEYCAPTURE THE IMAGINATIONS OF THE PLANET BY CREATING CHRISTIANITY WHICVH WAS BASED ON THEIR PAGN RELIGIONS THEY INVENTED A MAN GOD WHO IS THE PERSON OF GODS ONLY SON A WHITE GUY NAME JESUS!!!!. IN ALL OF ANCIENT CXIVILIZATIONS THERE WAS NO J SO THERE WERE NO JEWS NOT UNTIL THE ROMANS WHO TOOK CONTROL OF THE RELIGION OF AFRICA CONTROLING AFRICA AND WHAT THEY CALL THE MID EAST' SEGRGATING IT AND TODAY THE DEFNDERS OF THIS ANCIENT ROMAN PRINCIPEL IS BEING TRIED DESPERATELY TO BE MAINTAINED. WE SEE THIS WITH THE CREATION OF ISRAEL A WHITE EUROPEAN PEOPLE ;;; THESE PEOPLE DID NOT EXIST NOR ARE THEY FROM THE ANCIENT PEOPLE OF AFRICA ".. .THEY HAVE NUCLEAR MILITARY POWER WHICH IS SOEMTHING THEY STOLE FROM THE LEGACIES AND SCRIPTS OF THE ANCIENT BLACK MAN WHICH THEY HAVE MISUSED TO CREATE THIER DOMINANCE OVER THE PLANET; THEY HAVE BEEN THE ONLY PEOPLE ON THIS EARTH IN MDERNITY TO USE THIS POWER IN SUCH A WY. THIS THEY FEEL GIVES THEM UNLIMITED POWER TO DO AS THEY FEEWL ????? IF YOU BELIVE IN THAT THEORY THEN YOU WILL BELIEV ALL THE LIES THEY PORPOGANDISE THE HYPOCRISY THAT SPROUTS OUT OF THIER LYING LIPS!!!!!. THEY ARE THE SEED OF EVIL THAT WILL NOT SEE TRUTH' AND RECOGNISE ITS PRINCIPLEWD PAST!!." AFRICANS ARE BORN OF THE CREATE" THEY WER MADE AS GROWN HUAMN BEINSG WITH A GREAT DEGREE OF KNOWLEGDE AND SUPERIOR INTELLECT THAT THEY USED TO CREATE GREAT CIVILIZATIONS THAT SURPASSES ANYTHING THAT YOUR PUNY INVETERATE MINDS ENABLES YOU TO SEE AND DO. THE FUTURE OF MAN IS IN THE KNOWLEDGE OF THE "GREAT KING THE ALLMIGHTY SUPREME BEING" WHO SIT ON HIS THROENE THAT DOES NOT DECLINE DOES NOT CHANGE IT BECOMES MORE EMPOWERED IN PERPETUITY ".. "THERE IS NO END TO THIS GREAT ENTITITY THE CREATOR OF MAN' THE CREATOR OF THE SOUL' THE ALL CONSUMING "" HE' IS WHOM THE STRAIGHT PEOPLE'OF THE WORLD ACKNOWLEDEG AS KING"!!! THERE IS NO OTHER KING ANYWHERE IN THIS WORLD EVER OR NEVER"" WE BELIVE WHAT IT WAS THAT WE WWERE TAUGHT , FROM THE VERY BEGINNING"" THE PROPHESIES OF THE MANY HAVE CONSISTENTLY THRUOUT ALL AFRICAN HSITORY 'SPOKEN OF THIS FACTOR WITH PRUDENCE STARIGHT FORWARDNESS AND KNOWLEDGE" WHAT WE SEE TODAY IS NOTHING BUT CROOKEDNES THAT COULD NEVER SIT ALONG ISDE THE TRUTH OF WHAT WE KNOW TO BE FACT!!!! WHAT WE SEE FROM THE WEST IS ACTUALLY LAUGHABLE;' THAT ONE CAN SO FREELY GIVE HIS LIFE TO INIQUITY ABOMINATIONS WITH SUCH WANTON ABANDON??? "TO DIE A MISERABLE TORMENT OF CONTIUOUS ANGUISH AGONY WITH OUT GRANTING OF ANY REPRIEVE!!!!!! THY WHO CLAIM TO BE OUR JUDGES WILL ALSO BE JUDGED!!!. THE LIES THAT COMES FROM THSI COURT SHOULD NOT BE UTTERED AS MUCH AS I HEAR FROMTHE SOUTH AFRICAN IN ENEWS THEY ARE SPORUTER OF WESTERN IDEOLOGIES EVEN IF THEY RPETEND TO BE SELF RULED. WE ARE LIVING IN THE BELIEF THAT AFRICA IS FRERE FROM THE WEST AND THIER ENSLAVING PRACTICES THE ICC IS SUCH A NEW DEVELOPMENT OF CONTIUED SLAVERY IMPERIAL HEGMON!!!!>

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