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Côte d’Ivoire: the ICC has jurisdiction to try the former Ivorian President Laurent Gbagbo

The International Criminal Court decided on Wednesday 15th August that it had jurisdiction to try Côte d’Ivoire’s former President Laurent Gbagbo for war crimes and crimes against humanity.It stated that “For this chamber, the court has jurisdiction over the alleged crimes ... including those committed since 28 November 2010 on the basis of the declaration of April 18, 2003".

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In late May, lawyers for the former president had challenged the jurisdiction of the ICC over prosecuting their client for alleged crimes committed after the disputed election in Côte d'Ivoire in November 2010.

According to the defence team, the declaration signed by Côte in April 2003 recognizing the competence of the tribunal, is irrelevant for the period covered by the allegations against Mr. Gbagbo, and it also asked the court to declare that the rights of their client were violated during eight months, so that "a fair trial is impossible."

However, the ICC judges ruled that the declaration, signed by Gbagbo and the Minister of Foreign Affairs Mamadou Bamba, recognizes the jurisdiction of the court for an indefinite period. Côte d'Ivoire therefore "accepted the jurisdiction of the court on the events of September 19 from 2002".

Regarding complaints about Gbagbo’s rights violations during his detention in Cote d’Ivoire, the court stated that “the Board cannot make a determination of any violation of fundamental rights concerning him."

The former Ivorian President Laurent Gbagbo will therefore appear at a hearing to confirm charges of war crimes and crimes against humanity.

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