Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section E. Cooperation with international criminal tribunals
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
Lesson 4. Breaches and repression of violations of IHL
The texts on the Law of War distinguish two categories of breaches in the case of violations of the rules of IHL:
- Grave violations or grave breaches, called war crimes;
- Other violations.
I. Grave violations
The State is under the obligation to search for and to try the perpetrators of these grave violations. To do this, it can act in two ways:
- bring the perpetrator before its own courts,
- bring the perpetrator before an international jurisdiction.
In Book II (Instruction of non-commissioned officers and officers), the Teaching Manual provides:
II.2.1. Repression of grave violations
The grave violations of IHL can be repressed on the national level as well as on the international level.
On the national level, these grave breaches of IHL are judged by:
- the military tribunal,
- the civilian jurisdictions.
On the international level, repression is ensured by:
- ad hoc tribunals (1993 International Criminal Tribunal for the former Yugoslavia, 1994 International Criminal Tribunal for Rwanda, etc.),
- the International Criminal Court (ICC), adopted by the 1998 Rome Statute.
In 2013, in its initial report to the Human Rights Committee, Côte d’Ivoire stated:
233. The arrest of the former President of Côte d’Ivoire, Laurent Gbagbo, and his wife was the first in a wave of arrests among political and military leaders from the former regime. Military and civilian prosecutors had brought charges against at least 118 of these, including Charles Blé Goudé, General Guiai Bi Poin and General Bruno Dogbo Blé.
237. Internationally, collaboration with the International Criminal Court has resulted in the former President of Côte d’Ivoire being transferred to The Hague.
Côte d’Ivoire also stated:
The Ivorian Government, committed as it is to fundamental values that include the right to life, has deplored such violations and taken action to punish the perpetrators and make redress for the harm done. To this end, the Government has lodged with the United Nations Treaty Section in New York the instruments of ratification of the statute establishing the International Criminal Court (ICC), which lays down the operating rules of the ICC. In April 2003, in the wake of the violence that followed the contested presidential and legislative elections, Côte d’Ivoire accepted the jurisdiction of the ICC by virtue of article 12, paragraph 3, of the Rome Statute.