Côte d’Ivoire
Practice Relating to Rule 159. Amnesty
Côte d’Ivoire’s Amnesty Law (2003) provides:
First Article
The present amnesty law is adopted in the spirit of the peace agreements agreed in the context of the crisis arisen since 19 September 2002.
Chapter I: Scope of application
Article 2
Amnestied by law are – whoever the perpetrators, co-perpetrators or accomplices, military or civilian, and whatever their nature and the penalties they have entailed or are likely to entail – the offences against the security of the State and national defence, especially those provided for and punished by articles 158 to 168 of the penal code, committed by Ivorian nationals located on the national territory or in exile during the events cited in article 3. Equally amnestied are the offences committed during the attempted coup d’état of 18 and 19 September 2002 and the armed rebellion which resulted from it, as well as the military offences linked to all the events cited, which are insubordination, dereliction of duty and desertion. Also amnestied are the collateral effects of the operations of defence of the republican institutions carried out by the defence and security forces.
Article 3
Covered by the amnesty are the offences committed during the events: of 17 and 18 September 2000 (Attack against the authority of the State), of 24, 25, 26 and 27 October 2000 (Attack against the security of the State and public order), of 4 and 5 December 2000 (Disruption of public order), of 7 and 8 January 2001 (Attack against the authority of the State and participation in an armed group), of 10 February 2001 (Attack against the authority of the State and illegal possession of weapons, organization of an armed group), of 18 and 19 September 2002 (Attack against the authority of the State, murder, participation in an armed group).
Article 4
The present amnesty law does not apply to:

b) offences constituting grave violations of human rights and of international humanitarian law;
c) more specifically, the offences qualified by the Ivorian penal code as crimes and offences against international law, crimes and offences against persons, crimes and offences against objects …
d) the offences addressed by articles 5 to 8 of the Rome Treaty on the International Criminal Court (ICC) and the African Charter on Human and Peoples’ Rights.
Chapter II: Effects of the amnesty
Article 5
The amnesty closes public action, removes all convictions pronounced and ends all principal or complementary penalties …
Article 6
No criminal prosecution can be initiated with regard to the acts covered by the amnesty discovered or revealed after the promulgation of the present law, after a period of two months, except in the case of continued offences.

Article 9
Persons detained in the context of these procedures are released in conformity with the applicable rules. Persons convicted but not detained cannot be subjected to the execution of the convictions. Prosecutions related to acts amnestied by the present law which have not yet been carried out can no longer be carried out. 
Côte d’Ivoire, Amnesty Law, 2003, Articles 1–6 and 9.

Côte d’Ivoire’s Amnesty Ordinance (2007) provides:
The President of the Republic,
Considering Law no. 2003-309 on amnesty;
Considering the Ouagadougou Political Agreement of 4 March 2007;
Considering the urgency;
Orders:
First Chapter: Scope of application
First Article:
Amnestied by law are – whoever the perpetrators, co-perpetrators or accomplices, military or civilian, and whatever their nature and the penalties they have entailed or are likely to entail – the offences against the security of the State and national defence as well as connected offences committed by Ivorian nationals located on the national territory or in exile, between 17 September 2000 and the date of signature of the present ordinance.
Article 2
Equally amnestied are the acts and their collateral effects related to the operations of defence of the republican institutions carried out by the defence and security forces at the dates and in the periods of the acts amnestied by the present ordinance.
Article 3:
The present amnesty does not apply to:

b) the offences qualified by the Ivorian penal code as crimes and offences against international law, crimes and offences against persons, crimes and offences against objects other than those listed in articles 1 and 2.
Chapter II: Effects of the Amnesty
Article 4:
The amnesty closes public action, removes all convictions pronounced and ends all principal or complementary penalties with the exception of security measures.

Article 5:
No criminal prosecution can be initiated with regard to the acts covered by the amnesty discovered or revealed after the signing of the present ordinance.

Article 8:
Persons detained in the context of these procedures are released in conformity with the applicable rules.
Persons convicted but not detained cannot be subjected to the execution of the convictions.
Prosecutions related to acts amnestied by the present law which have not yet been carried out can no longer be carried out.

Chapter IV:
Various and final provisions

Article 11:
The present ordinance takes effect at the date of its signature.
Article 12:
The present ordinance which repeals any contrary previous provision shall be published according to urgency procedures as well as in the Journal Officiel de la République de Côte d’Ivoire, and be executed as law of the State. 
Côte d’Ivoire, Amnesty Ordinance, 2007, Articles 1–5, 8 and 11–12.

Côte d’Ivoire’s Amnesty Law (2003) provides:
Article 4
The present amnesty law does not apply to:

b) offences constituting grave violations of human rights law and of international humanitarian law.
c) more specifically, the offences qualified by the Ivorian penal code as crimes and offences against international law, crimes and offences against persons, crimes and offences against objects …
d) the offences addressed by articles 5 to 8 of the Rome Treaty on the International Criminal Court (ICC) and the African Charter on Human and Peoples’ Rights. 
Côte d’Ivoire, Amnesty Law, 2003, Article 4.

Côte d’Ivoire’s Amnesty Ordinance (2007) provides:
First Article:
Amnestied by law are – whoever the perpetrators, co-perpetrators or accomplices, military or civilian, and whatever their nature and the penalties they have entailed or are likely to entail – the offences against the security of the State and national defence as well as connected offences committed by Ivorian nationals located on the national territory or in exile, between 17 September 2000 and the date of signature of the present ordinance.
Article 2
Equally amnestied are the acts and their collateral effects related to the operations of defence of the republican institutions carried out by the defence and security forces at the dates and in the periods of the acts amnestied by the present ordinance.
Article 3:
The present amnesty does not apply to:

b) the offences qualified by the Ivorian penal code as crimes and offences against international law, crimes and offences against persons, crimes and offences against objects other than those listed in articles 1 and 2.

Article 12:
The present ordinance which repeals any contrary previous provision shall be published according to urgency procedures as well as in the Journal Officiel de la République de Côte d’Ivoire, and be executed as law of the State. 
Côte d’Ivoire, Amnesty Ordinance, 2007, Articles 1–3 and 12.

In 2003, in the Constitutionality of the ICC Statute case, Côte d’Ivoire’s Constitutional Council was called upon to decide on the constitutionality of the 1998 ICC Statute. The Court stated:
8. Considering that it is clear from article 17 paragraph 2 of the [1998 ICC] Statute that the [jurisdiction of the] International Criminal Court is complementary to national criminal jurisdiction [and considering] that the International Criminal Court can exercise its jurisdiction with respect to cases already pending before the [national] courts if it considers that the States concerned are unwilling or unable to genuinely carry out prosecutions;
9. Considering that the inability to prosecute may stem from a legal impossibility such as in the case of … amnesty;

15. Decides
16. [that t]he Rome Statute of the International Criminal Court is not in conformity with the Constitution of 1 August 2000. 
Côte d’Ivoire, Constitutional Council, Constitutionality of the ICC Statute case, Decision, 17 December 2003, §§ 8–9 and 15–16.

In 2009, in its report to the UN Human Rights Council, Côte d’Ivoire stated: “[T]he political and military crises faced by Côte d’Ivoire since 1999, exacerbated by the war which broke out in September 2002, have had many grave consequences in the political, economic and social spheres.” 
Côte d’Ivoire, Report to the UN Human Rights Council, 3 September 2009, UN Doc. A/HRC/WG.6/6/CIV/1, § 136.