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International Criminal Court Clears Gbagbo To Return Home To Ivory Coast

Credit:  Credit:  ©ICC-CPI/   Former Ivory Coast president Laurent Gbagbo at the International Criminal Court in The Hague, Netherlands.

By Gary Raynaldo        DIPLOMATIC TIMES

The International Criminal Court Thursday eased conditions on the release of former Ivory Coast president Laurent Gbagbo following his acquittal of war crimes charges that would allow him to return to  his home in west-African where presidential elections are to be held October.  The ICC authorized Gbagbo and the former head of the Young Ivorian Patriots, Charles Blé Goudé, to leave Brussels and The Hague, under certain conditions.  Gbagbo and  Blé Goudé were charged with four counts of crimes against humanity, including murder, rape, and other inhumane acts, or – in the alternative – attempted murder and persecution stemming from post-electoral violence in Côte d’Ivoire between December 16, 2010 and April 12, 2011.  Both Gbagbo, residing in Brussels,  and  Blé Goudé, living in The Hague,  have expressed a strong desire to return to their home country.  The ICC in In January 2019 acquitted Gbagbo, now 74-years-old,  and he was freed from The Hague jail. However, Gbagbo remained on interim release in Belgium pending determination of an appeal by the prosecutor.  His lawyers appealed for his unconditional release, arguing that imposing the conditions was erroneous as it lacked a legal basis.  The Appeals Chamber of the ICC decided to dismiss the request of the Defence for Gbagbo for reconsideration of its judgment granting him and Blé Goudé conditional release.  However,  in its finding on Thursday,  the ICC ruled that both Gbagbo and  Blé Goudé can now leave their country of residence, subject to conditions.

The Appeals Chamber  decided to review the continued necessity of maintaining the conditions imposed on the release of the two acquitted individuals and decided to revoke the following conditions:

“(1) Not to travel beyond the territorial limits of the municipality of the receiving State without the explicit and prior authorisation of the Court; (2) To surrender all identity documents, particularly their passports, to the Registry; (3) To report weekly to the law enforcement authorities of the receiving State or the Registry; and (4) To abide by any additional reasonable conditions imposed by the State of release. The other conditions remain in force. The Chamber added that Mr Gbagbo and Mr Blé Goudé shall comply with all orders of this Court.”    The judges  decision allows Gbagbo and Charles Blé Goudé to move outside the State in which they reside and they are not required to hand over to the ICC all the identity documents (passports) they have. 

Gbagbo and  Blé Goudé  Were Acquitted Of All War Crimes Charges 

©ICC-CPI /  Gbagbo and Blé Goudé at the hearing held on 15 January 2019 before the International Criminal Court in The Hague, Netherlands.

  Ivory Coast Government Opposes  Gbagbo’s Return Home Ahead Of Elections

Credit:  Credit:  ©ICC-CPI/   Former Ivory Coast president Laurent Gbagbo at the International Criminal Court in The Hague, Netherlands.

Now,  any country in which the two men wish to go must in particular agree to receive them on its territory beforehand, including Ivory Coast.   However, the Ivory Coast government of current president Alassane Dramane Ouattara is vehemently opposed to having Gbagbo and  Blé Goudé  return home, as they remain extremely popular and could shake up the presidential elections scheduled for November 2020. The government of the Ivory Coast has said that it opposes former Gbagbo’s unconditional release by the ICC because his return would destabilize the west African country.  

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