THIS IS THE ARREST WARRANT FOR GBAGBO

THIS IS THE ARREST WARRANT FOR GBAGBO

International Criminal Court
International Criminal Court
Original: English
No.: ICC-02/11
Date: November 23, 2011

PRE-TRIAL CHAMBER III

Composed as follows: Judge Silvia Fernandez de Gurmendi,
Presiding Judge
Madam Justice Elizabeth Odio Benito
Judge Adrian Fulford

SITUATION IN THE REPUBLIC OF COTE D'IVOIRE

UNDER SEAL
Ex parte, reserved for the Prosecution and the Registry
URGENT
Arrest warrant against Laurent Gbagbo Koudou

Decision to be notified, in accordance with regulation 31 of the Rules of Court, to the following:
The Office of the Prosecutor Luis Moreno-Ocampo, Ms. Fatou Bensouda.
The defense counsel
The legal representatives of victims
The legal representatives of applicants
Legal Representatives
Unrepresented claimants (participation / repairs)
The Office of Public Counsel for Victims
The Office of Public Counsel for Defence
State representatives
The amicus curiae

REGISTRY

The Clerk: Ms. Silvana Arbia
The Detention Section
Unit Victims and Witnesses
Other
Section victim participation and reparations

1. On June 22, 2011, the President of the International Criminal Court ("Court") issued the Decision on establishment of the Pre-Trial Chamber III and reassigning the situation in the Republic of Côte d'Ivoire.

2. On October 3, 2011, Trial Chamber III ("Chamber") has decided, under Article 15 of the Rome Statute ("Statute"), to authorize the initiation of an investigation under the situation in the Republic of Côte d'Ivoire.

3. On October 25, 2011, the Prosecutor requested, pursuant to section 58 of the Statute, the issue of an arrest warrant against Laurent Gbagbo Koudou ("Laurent Gbagbo") to four counts of crimes against humanity, on the basis of individual responsibility of it in the commission of murder, rape and other forms of sexual violence, persecution and inhumane acts during the post-election violence, from November 28, 2010, Defence Forces and the Ivorian security (SDS) supported by the youth militia and pro-Gbagbo mercenaries (collectively "the pro-
Gbagbo "), in Abidjan, especially in the vicinity of the Hotel du Golf, and elsewhere in the country.

4. Having noted the articles 19-1 and 58-1 of the Statute, the Chamber says it will exhibit in a subsequent decision's analysis of evidence and other information provided by the Prosecutor.

5.Au seen the evidence and information provided by the Prosecutor, and without prejudice to the decision it makes with respect to any motion to dismiss may be raised later under Articles 19-2 and 19-a - 2-b of the Statute, the Chamber considers that the case of Laurent Gbagbo is under the jurisdiction of the Court and is admissible.

6. Given the evidence, the Chamber finds that there are reasonable grounds to believe that after the presidential elections in Cote d'Ivoire, the pro-Gbagbo forces attacked civilians in Abidjan and in western countries, from November 28, 2010. They have targeted civilians they believed to be supporters of Alassane Ouattara, and attacks were often directed against specific ethnic or religious communities.
7. The Chamber considers that there are reasonable grounds to believe that these attacks by pro-Gbagbo forces during the post-election violence have been conducted in accordance with the policy of an organization. In addition, they were of a widespread and systematic, as shown particularly the length of the period during which the crimes were committed (between November 28, 2010 and May 2011), the geographic extent of these (many of districts of Abidjan and western Côte d'Ivoire), the large number of victims that have been reported and the procedure generally followed in the commission of crimes.

8. Given the evidence, the Chamber finds that there are reasonable grounds to believe that crimes against humanity that took the form of murder (Section 7-1 of the Statute-a), rape and other forms sexual violence (Article 7-1-g) other inhumane acts (Article 7-1-k) and persecution (Article 7-1-h) were committed in Côte d'Ivoire from 16 December 2010 and April 12, 2011.
9. In addition, the Chamber finds that there are reasonable grounds to believe that these acts are befallen within a widespread or
systematic attack against the civilian population of Côte d'Ivoire, as defined in Article 7-1 of the Statute.

10. The Chamber considers that there are reasonable grounds to believe that, for the crimes alleged against him in the application for issuance of arrest warrant, Laurent Gbagbo urged his individual criminal responsibility as "indirect co-author" of such crimes meaning of section 25-3-a of the Statute. In particular, there are reasonable grounds to believe that Laurent Gbagbo and his immediate entourage (co-authors of the crimes) had agreed to a plan and they were aware that the implementation of it would, in the normal course events, the crimes listed above. Moreover, with that plan, the sponsors have exercised joint control over the crimes. Given the position and role of each in terms of the plan, the co-authors have contributed coordinated and essential to achieving the plan. There is a sufficient basis to conclude that the pro-Gbagbo forces who carried out the policy in question did so in obedience to the orders almost automatically they had received. Finally, there was sufficient evidence that Laurent Gbagbo has exercised the degree of intent and knowledge required.

11.Bien that the Chamber is satisfied that the substantive test (proposed by the prosecution) is filled, it is likely that the issue of liability attributed to Laurent Gbagbo as "indirect co-author" within the meaning of Article 25 -3-a of the Statute will be discussed in due course with the parties and participants.

12. Finally, the Chamber is satisfied that the arrest of Laurent Gbagbo is necessary to: i) ensure that it will appear before the Court; ii) ensure that it does not use his political power or financial means to block in the investigation or jeopardize the progress and iii) prevent the commission of other crimes.

FOR THESE REASONS, THE BOARD

Issue this arrest warrant against Laurent Gbagbo Koudou, born May 31, 1945 in the village of "Mama", located in the sub-prefecture of Ouragahio in the Department of Gagnoa, Cote d'Ivoire, Ivorian and member of the Bete tribe, on the grounds that it would be criminally liable under section 25-3-a of the Statute, crimes against humanity that took the form 1) murder (Article 7-1, of the Statute), 2) of rape and other forms of sexual violence (Article 7-1-g), 3) other inhumane acts (Article 7-1-k), and 4) acts of persecution (Article 7-1-h), committed on the territory of Côte d'Ivoire from 16 December 2010 and April 12, 2011,

DECIDES that the warrant should remain sealed, ex parte and reserved for the Prosecution and the Registry but to allow the transfer of Laurent Gbagbo at the headquarters of the Court, this office may, as appropriate, be communicated for its execution to third parties (such as the authorities of Côte d'Ivoire and any other State or international organization). The House will consider in due time the reclassification of the arrest warrant, after delivery of Laurent Gbagbo to the ICC,

DECIDES that, as soon as possible: i) the Registrar will prepare a request for
cooperation for the arrest and surrender of Laurent Gbagbo Koudou, containing the information and documents required under sections 89-1 and 91 of the Statute and Rule 187 of the Rules of Procedure and Evidence, and ii) Registry, in consultation and coordination with the Prosecutor, forward this request to the competent authorities of the Republic of Côte d'Ivoire, according to the
Rule 176-2 of the Regulations,

Also directs the Registrar, pursuant to Article 89-3 of the Statute, to prepare and transmit to any State and international organization concerned any request for transit as may be necessary for the surrender to the Court of Laurent Gbagbo Koudou,

ORDERS the Prosecutor to transmit to the Registry, to the extent that its confidentiality obligations permit, and the House all information in its possession that would avoid the risks that could pose to the victims or control the transmission of the request for cooperation susmentiormée,

Invites the Prosecutor to transmit to the Registry, to the extent that its confidentiality obligations permit, and the House all information in its possession which he said would facilitate the transmission and execution of the request for cooperation mentioned above,

DIRECTS the Registry to get in touch with the prosecution to invite the Republic of Côte d'Ivoire and the Kingdom of the Netherlands to seek a waiver of the travel ban imposed on Gbagbo by the Security Council of the United Nations and the Council of the European Union to allow the transfer of custody to the ICC and its entry into the territory of the Netherlands,

URGES the Registrar to take all possible steps to enable the immediate execution of this warrant.
Done in English and French, the English version being authoritative.

Madam Justice Silvia Fernandez de Gurmendi
Madam Justice Elizabeth Odio Benito
Judge Adrian Fulford
Is November 23, 2011
In The Hague (Netherlands)
Official translation of the Court