Sexual Crimes in Conflict Database
A collection of relevant literature and case law
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Jurisprudence judicial mechanism
ICC - Laurent Gbagbo (“Laurent Gbagbo and Charles Ble Goude”)
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Modes of Liability
- Country
- Côte d’Ivoire
- Keywords
- Indirect Co-perpetrator Post-election Violence
- Reference link
- https://www.icc-cpi.int/EN_Menus/icc/situations%20and%20cases/situations/icc0211/related%20cases/icc-02_11-01_15/Pages/default.aspx
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Laurent Gbagbo
- Charges
- Laurent Gbagbo was accused, in the warrant of arrest (unsealed on 30 November 2011) of four counts of crimes against humanity, including rape as a crime against humanity, allegedly committed in the context of post-electoral violence in Côte d'Ivoire between 16 December 2010 and 12 April 2011, as an indirect co-perpetrator pursuant to Article 25(3)(a) of the Rome Statute. The charges were confirmed against him on 12 June 2014 (with the addition that the mode of liability for rape as a crime against humanity could be under Article 25(3)(a), (b) or (d) and that the alternative crime of persecution as a crime against humanity under Article 25(3)(a), (b) or (d) also seems to include those who were raped) and on 11 March 2015, Trial Chamber I joined his case and the one of Charles Ble Goude in order to ensure the efficacy and expeditiousness of the proceedings.
- Trial chamber verdict
- On 23 July 2018, Defence Counsel filed a “No case to answer motion” (“the Motion”) on grounds that the Prosecution had not adduced sufficient evidence to sustain a conviction. Following this motion, the Trial Chamber I of the ICC by majority, on 15 January 2019, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d'Ivoire in 2010 and 2011. The Chamber concluded after assessing the evidence that the Prosecutor had not furnished the court with sufficient evidence to establish the requisite elements for establishing the liability of Mr Gbagbo and Mr. Blé for the crimes charged.
- Appeals chamber verdict
- After the Prosecutor’s appeal, the Appeals chamber amended the conditions of release, although it stuck to the previous decision to acquit the accused from all charges. On 1 February 2019, the Appeals Chamber pronounced the conditions for the release of Mr Gbagbo and Mr Blé Goudé to a State that is willing to accept them on its territory and willing and able to enforce the conditions set by the Chamber and amended them on 21 February 2019.
- Status
- 2778
- Case number
- ICC-02/11-01/15
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