ICC Pre-Trial Chamber I rejects challenge to the admissibility of the case against Laurent Gbagbo
Situation: Côte d’Ivoire
Case: The Prosecutor v. Laurent Gbagbo
Today, 11 June 2013, the Pre-Trial Chamber I of the International Criminal Court (ICC) rejected the challenge to the admissibility of the case against Laurent Gbagbo, suspected of crimes against humanity, allegedly committed in the territory of Côte d’Ivoire between 16 December 2010 and 12 April 2011.
The Chamber concluded that, in the absence of any tangible proof showing that active steps have been taken at the national level in the alleged prosecution of Mr Gbagbo since August 2011, it has not been demonstrated that Mr Gbagbo “is being prosecuted” in Côte d’Ivoire, either for the same case or for any other; Therefore, according to the Pre-Trial Chamber, the case The Prosecutor v. Laurent Gbagbo is still admissible before the ICC.
The challenge to the admissibility of the case against Mr. Gbagbo was submitted by the Mr Gbagbo's Defence of on 15 February 2013. A challenge to the admissibility of the case is granted if the case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution. According to the Rome Statute, the founding treaty of the ICC, the parties have the possibility to appeal a decision on admissibility.
Today’s decision on the admissibility of the case is distinct from the decision made on 3 June 2013 by the same Chamber regarding whether or not to send the case against Mr. Gbagbo to trial. On 3 June, Pre-Trial Chamber I had indeed adjourned the hearing on the confirmation of charges and requested the Prosecutor to consider providing further evidence or conducting further investigations with respect to the charges presented against Mr Gbagbo. Today’s decision on the admissibility of the case has no bearing on the future decision on the confirmation of charges.
Pre-Trial Chamber I is composed of Judges Silvia Fernandez de Gurmendi, Presiding, Hans-Peter Kaul, and Christine Van den Wyngaert.
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