On 21 September 2018, the Prosecutor concluded that the information available did not provide a reasonable basis to believe that the acts allegedly committed in Gabon in the context of the 2016 post-election violence, either by members of the opposition or by the Gabonese security forces, constitute crimes against humanity within the meaning of the Rome Statute of the ICC. Nor does the information available provide a reasonable basis to believe that the crime of incitement to genocide was committed during the election campaign, and decided to close the preliminary examination.
Pre-Trial Chamber I
Judge Péter Kovács (Presiding Judge)Judge Reine Alapini-Gansou
Judge Socorro Flores Liera
DOCUMENTS
Jurisdiction – General status
Gabon deposited its instrument of accession to the Rome Statute on 20 September 2000. The ICC may therefore exercise its jurisdiction over Rome Statute crimes committed on the territory of Gabon or by its nationals from 1 July 2002 onwards.
Procedural history and focus of the preliminary examination
On 21 September 2016 the Government of the Gabonese Republic transmitted to the OTP a referral regarding the situation in Gabon since May 2016 with no end-date. Pursuant to article 14 of the Rome Statute, Rule 45 of the Rules of Procedure and Evidence and Regulation 25(1)(b) of the Regulations of the OTP, the Government of the Gabonese Republic requested the Prosecutor of the International Criminal Court "to open an investigation without delay".
On 29 September 2016, the Prosecutor announced the opening of a preliminary examination into the situation in Gabon, based on a referral received from the Government of Gabon with respect to crimes allegedly committed in its territory since May 2016 and potentially falling within the jurisdiction of the International Criminal Court. The OTP also received Article 15 communications in relation to the situation in Gabon. The preliminary examination focusses on alleged crimes potentially falling within the ICC's jurisdiction committed in Gabon since May 2016 including those allegedly committed in the context of the presidential elections held on 27 August 2016.
On 21 September 2018, the Prosecutor concluded that the information available did not provide a reasonable basis to believe that the acts allegedly committed in Gabon in the context of the 2016 post-election violence, either by members of the opposition or by the Gabonese security forces, constitute crimes against humanity within the meaning of the Rome Statute of the ICC. Nor does the information available provide a reasonable basis to believe that the crime of incitement to genocide was committed during the election campaign, and decided to close the preliminary examination.