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International Criminal Court will include September 2002/November 2012 war crimes in jurisdiction of Ivory Coast trial

International Criminal Court will include September 2002/November 2012 war crimes in jurisdiction of Ivory Coast trial

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Published by: RADICAL-8 on Feb 24, 2012
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CourPénale
^^_^>^
InternationaleInternational
^%^s:^
Criminal
Court
Original: English No.: ICC-02/11Date: 22 February 2012PRE-TRIAL CHAMBER IIIBefore: Judge Silvia Fernandez de Gunnendi, Presiding JudgeJudge Elizabeth Odio BenitoJudge Adrian FulfordSITUATION IN THE REPUBLIC OF COTE DTVOIREPublicDecision on the "Prosecution's provision of further information regardingpotentially relevant crimes committed between 2002 and 2010"
No.
ICC-02/11 1/18 22 February 2012
 
Decision to be notified, in accordance with regulation
31
of the Regulations of the Court, to:
The Office of the ProsecutorMr Luis Moreno-OcampoMs Fatou BensoudaCounsel for the DefenceLegal Representatives of Victims Legal Representatives of ApplicantsUnrepresented VictimsUnrepresented Applicants forParticipation/ReparationThe Office of Public Counsel for The Office of Public Counsel for theVictims DefenceStates' RepresentativesAmicus CuriaeREGISTRYRegistrarMs Silvana ArbiaDetention SectionVictims and Witnesses Unit OthersMs Maria Luisa Martinod-JacomeVictims Participation andReparations SectionMs Fiona McKay
No.
ICC-02/11
2/18
22 Febraary 2012
 
Pre-Trial Chamber III (the "Chamber") of the International Criminal Court(the "Court") issues the following Decision on the "Prosecution's provision offurther information regarding potentially relevant crimes committed between2002 and 2010".I. Procedural history1.On 23 June 2011, the Prosecutor submitted a Request for authorisation ofan investigation pursuant to article 15 ("Prosecutor's Request of 23 June
2011").
^ The Prosecutor requested permission to commence aninvestigation into the situation in the Republic of Côte d'lvoire ("Côted'lvoire") since 28 November 2010.' However, he also submitted thefollowing:
41.
The Prosecution proposes to conduct investigations within this timeframe,as opposed to requesting authorisation to investigate crimes over the entireperiod from which the ICC could exercise jurisdiction pursuant to the lodgeddeclaration, for the following reasons: (i) the violence on the territory of Côted Ivoire during this period reached unprecedented levels, and (ii) there is awealth of information available to establish that the reasonable basis thresholdis satisfied with respect to the alleged crimes committed during this period.
42.
Upon review of the supporting material, the Chamber may conclude thatCôte d'lvoire repeatedly experienced violence prior to the 2010 elections andmay therefore broaden the temporal scope of the investigations to events thatoccurred between 19 September 2002 (the date from which the Republic Côted'lvoire accepted the exercised of jurisdiction by the Court in accordance witharticle 12(3) of the Rome Statute) and 23 June
2011
(the date of the filing of thisApplication) [footnote omitted] .3
2.
On 3 October 2011, the Chamber authorised the commencement of aninvestigation in Côte d'lvoire, first, for crimes within the jurisdiction of theCourt committed since 28 November 2010 and, second, for any continuingcrimes that may be committed in the future, "insofar as the contextualelements of the continuing crimes are the same as for those committed
1
Request for authorisation of an investigation pursuant to article 15,
23
June
2011,
ICC-02/11-3 with annexes.
2ICC-02/11-3,
paragraph 181.
3
ICC-02/11-3, paragraphs
41
and 42.
No.
ICC-02/11 3/18 22 Febraary 2012

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