Laurent K. Gbagbo at the ICC

CPI v. Laurent Gbagbo

Decision on the confirmation of charges against Laurent Gbagbo

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Pre-Trial Chamber I (the “Chamber”) of the International Criminal Court (the “Court”) hereby issues the decision pursuant to article 61(7) of the Rome Statute (the “Statute”) on the confirmation of charges against Laurent Gbagbo.

SECTION 1. INTRODUCTION

I. Procedural history

1. On 3 October 2011, Pre-Trial Chamber III authorised the commencement of an investigation in Côte d’Ivoire with respect to crimes within the jurisdiction of the Court committed since 28 November 2010 1.
2. On 23 November 2011, Pre-Trial Chamber III issued the “Warrant Of Arrest for Laurent Koudou Gbagbo” 2.
3. On 30 November 2011, Laurent Gbagbo was surrendered to the Court. Laurent Gbagbo made his first appearance before Pre-Trial Chamber III on 5
December 2011 3.
4. On 15 March 2012, the situation in Côte d’Ivoire was reassigned to the present Chamber 4.
5. On 4 June 2012, Judge Silvia Fernández de Gurmendi, responsible for carrying out the functions of the Chamber in relation to the situation in Côte d’Ivoire and the cases emanating therefrom 5, issued the “Decision on Victims’ Participation and Victims’ Common Legal Representation at the Confirmation
of Charges Hearing and in the Related Proceedings”, wherein she, inter alia, admitted 199 victims to participate in the proceedings, appointed counsel
from the OPCV as common legal representative and ruled on the set of procedural rights accorded to the participating victims in the present case 6.
On 6 February 2013, the Single Judge admitted a further 60 victims to participate in the proceedings, represented by the same common legal
representative 7.
6. On 15 August 2012, the Chamber issued the “Decision on the ‘Corrigendum of the challenge to the jurisdiction of the International Criminal Court on the basis of articles 12(3), 19(2), 21(3), 55 and 59 of the Rome Statute filed by the Defence for President Gbagbo (ICC-02/11-01/11-129)’”, wherein it
rejected a Defence challenge to the jurisdiction of the Court 8.
7. On 2 November 2012, the Chamber determined that Laurent Gbagbo was fit to take part in the proceedings before the Court 9.
8. The oral sessions of the confirmation of charges hearing were held between 19 and 28 February 2013 10, while final written submissions were filed by the Prosecutor 11 and the OPCV12 on behalf of the participating victims on 14 March 2013, and by the Defence on 28 March 2013 13.
9. On 3 June 2013, the Chamber issued, by majority, Judge Silvia Fernández de Gurmendi dissenting, the “Decision adjourning the hearing on the confirmation of charges pursuant to article 61(7)(c)(i) of the Rome Statute”, wherein it decided to adjourn the confirmation of charges hearing and requested the Prosecutor to consider providing further evidence or
conducting further investigation with respect to all charges 14.
10. On 11 June 2013, the Chamber issued the “Decision on the ‘Requête relative à la recevabilité de l’affaire en vertu des Articles 19 et 17 du Statut’”,
wherein it rejected a Defence challenge to the admissibility of the case 15.
11. On 13 January 2014, the Prosecutor filed, inter alia, the amended document containing the charges (the “Amended DCC”) 16 and the amended
list of evidence 17.
12. On 14 February 2014, the Chamber issued the “Decision on Defence requests related to the continuation of the confirmation proceedings” 18.
13. On 17 March 2014, the Defence filed, inter alia, its observations on the Prosecutor’s evidence (the “Defence Submissions”)19 and its list of evidence 20.
14. On 31 March 2014, the Prosecutor filed the “Prosecution’s final written submissions on the confirmation of charges proceedings” (the “Prosecutor’s Final Submissions”) 21.
15. On 4 April 2014, the OPCV filed, on behalf of the victims participating in the proceedings, the “Final written submissions of the Common Legal Representative of Victims in response to the Defence’s observations on the Prosecutor’s evidence” (the “OPCV Final Submissions”) 22.
16. On 14 April 2014, the Defence filed, inter alia, the “Soumissions finales de la Défense” (the “Defence Final Submissions”) 23.

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