Abu Dhabi, UAEWednesday 13 November 2019

ICC acquits former president of Ivory Coast Laurent Gbagbo of crimes against humanity

The former president faced charges related to post-election violence

Former Ivory Coast President Laurent Gbagbo gestures as he enters the courtroom of the International Criminal Court in The Hague on January 15, 2019. AFP 
Former Ivory Coast President Laurent Gbagbo gestures as he enters the courtroom of the International Criminal Court in The Hague on January 15, 2019. AFP 

The International Criminal Court on Tuesday acquitted former Ivory Coast president Laurent Gbagbo and his righthand man over a wave of post-electoral violence, in a stunning blow to the war crimes tribunal in The Hague.

Judges ordered the immediate release of the 73-year-old deposed leader, the first head of state to stand trial at the troubled ICC, and his sports minister Charles Ble Goude, 47. He later suspended that order ahead of a follow-up hearing on Wednesday, when prosecutors are expected to announce whether they will appeal.

Mr Gbagbo faced charges of crimes against humanity over the 2010-2011 bloodshed following a disputed vote the West African nation in which around 3,000 people were killed.

Prosecutors said Mr Gbagbo clung to power "by all means" after he was narrowly defeated by his bitter rival – now president – Alassane Ouattara in elections in the world's largest cocoa producer.

Messrs Gbagbo and Ble Goude hugged each other after the decision was handed down while supporters started cheering wildly and clapping in the public gallery of the court, prompting head judge Cuno Tarfusser to order them to sit down and "behave".

Charles Ble Goude, former head of Ivory Coast Young Patriots hugs a member of his legal team as he and former Ivory Coast President Laurent Gbagbo enter the courtroom of the International Criminal Court in The Hague, Netherlands, Netherlands January 15, 2019. Peter Dejong/Pool via REUTERS
Charles Ble Goude, former head of Ivory Coast Young Patriots hugs a member of his legal team as he and former Ivory Coast President Laurent Gbagbo enter the courtroom of the International Criminal Court in The Hague, Netherlands, Netherlands January 15, 2019. Peter Dejong/Pool via REUTERS

"The chamber by majority hereby decides that the prosecution has failed to satisfy the burden of proof to the requisite standard," Tarfusser told the court.

He added that the court "grants the defence motions for acquittal for all charges for Mr Laurent Gbagbo and Mr Charles Ble Goude and orders the immediate release of both accused."

"I am very, very happy. Finally, there is some justice," Gragbayou Yves, 45, a Gbagbo supporter from Paris, said in the public gallery moments after the judgment was passed.

Mr Gbagbo was captured by Mr Ouattara's troops, who were being aided by UN and French forces, and sent to The Hague November 2011.

He trial started in January 2016, which means he has spent more than seven years in detention.

TOPSHOT - People celebrate with a portrait of former Ivory Coast president Laurent Gbagbo on January 15, 2019 in his birth-town Gagnoa after the news that International Criminal Court acquitted Gbagbo over a wave of post-electoral violence, in a stunning blow to the war crimes tribunal in The Hague. Judges ordered the immediate release of the 73-year-old deposed strongman, the first head of state to stand trial at the troubled ICC. Gbagbo faced charges of crimes against humanity over the 2010-2011 bloodshed following a disputed vote the West African nation in which around 3,000 people were killed. / AFP / Sia KAMBOU
People celebrate with a portrait of former Ivory Coast president Laurent Gbagbo on January 15, 2019 in his birth-town Gagnoa. AFP

But the judges on Tuesday said prosecutors had failed to show there was evidence of a "common plan" to foment violence and ruled that there was no case to answer.

Their release was suspended until Wednesday to give the prosecution time to respond to the shock judgment.

The highly divisive case has tested the court's avowed aim of delivering justice to the victims of the world's worst crimes.

It comes after a series of setbacks for the tribunal, which began life more than 16 years ago.

Victims in Ivory Coast had previously appealed to the court not to free Mr Gbagbo.

"If Laurent Gbagbo is released, we victims will not see justice," said Karim Coulibaly, 43, whose arm was amputated after he was shot during the violence.

"I was a driver but now I am unemployed. I'm not against reconciliation but first you have to look after the victims."

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Mr Gbagbo's lawyers last year argued that his case had descended into "fake reality" and should be dismissed, adding that he was now "elderly and fragile".

The ICC has faced serious difficulties over attempts at to try top politicians for crimes committed by subordinates or followers – most of them in Africa.

Last year, former DR Congo warlord and ex-vice president Jean-Pierre Bemba was acquitted on appeal for crimes allegedly committed by his militia in the Central African Republic in 2002-2003.

Kenyan President Uhuru Kenyatta also saw charges of crimes against humanity over electoral bloodshed dropped by the ICC's prosecutor in 2014.

Men gesture as victims and relatives of victims of the 2011 post electoral violences arrive to protest against a request to release former Ivory Coast's president Laurent Gbagbo in front of the Conseil National des Droits de l'Homme (Human Rights Council - CNDH) on January 14, 2019 in Abidjan. ICC in The Hague is to rule on release of former Ivory Coast president Laurent Gbagbo on January 15, 2019. / AFP / Sia KAMBOU
Men gesture as victims and relatives of victims of the 2011 post electoral violences arrive to protest against a request to release former Ivory Coast's president Laurent Gbagbo in front of the Conseil National des Droits de l'Homme (Human Rights Council - CNDH) on January 14, 2019 in Abidjan. ICC in The Hague is to rule on release of former Ivory Coast president Laurent Gbagbo on January 15, 2019. / AFP / Sia KAMBOU

"If Gbagbo walks out free, the ICC should rethink what it could possibly achieve," Thijs Bouwknegt, an international law specialist, said.

The ICC was set up in 2002 to try the world's worst crimes including war crimes and crimes against humanity.

Mr Gbagbo acquittal means he follows in the footsteps of his wife Simone Gbagbo.

The so-called Iron Lady walked away from a 20-year jail term in Ivory Coast in August when she was granted an amnesty by Mr Ouattara after seven years in detention.

Updated: January 15, 2019 07:01 PM

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