ICC Appeals Chamber Confirms Jurisdiction for Gbagbo


The Appeals Chamber of the International Criminal Court (“ICC”) has confirmed the Court’s jurisdiction over the post-2010 election period and events upon which the warrant of arrest and the charges laid against former President of Côte d’Ivoire Laurent Gbagbo are based.

Mr Gbagbo is alleged to bear 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 in the context of post-electoral violence in the territory of Côte d’Ivoire between 16 December 2010 and 12 April 2011.

Mr Gbagbo alleged that the ICC lacked jurisdiction on the basis that Côte d’Ivoire is not a State Party to the Rome Statute and accepted the ICC’s jurisdiction on 18 April 2003 only in relation to the events in 2002 and 2003, and not in relation to future crimes. However, Judge Anita Ušacka, Presiding Judge of the Appeals Chamber on this appeal, stated that the Appeals Chamber did not find a temporal limitation in the 2003 Declaration.

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