Warrant Of Arrest For Charles Blé Goudé

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Cou rP n a l eI n t e r n a t i o n a l eI n t e r n a t i o n a lC r i m i n a lC o u r t

Original: English No.: ICC-02/11-02/11Date: 21 De cem ber 2011

PRE-TRIAL CHAMBER III

Before: Jud ge Silvia Fernand ez de Gu rm end i, Presid ing Judg eJudge Elizabeth Odio BenitoJud ge A drian Fulf ord

SITUATION IN THE REPUBLIC OF COTE DTVOIREIN THE CASE OF

THE PROSECUTO R v. CHARLES BLE G OUDEUND ER SEAL

Ex par te Prosecution an d Registry on ly

Warrant Of Arrest For Charles Bl Goud

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ICC-02/11-02/11-1-US-Exp 21-12-2011 1/10 SL PT-02/11-02/11-1 01-10-2013 1/10 NM PTsuant to Pre-Trial Chamber Is Decision ICC-02/11-02/11-30, dated 30 September 2013, this document is reclassified as Public


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Decision to be notified, in accordance with regulation 31 of the Regulations of the Court, to:Coun sel for the D efence

The Office of the ProsecutorMr Luis Moreno-Ocam poMs Fatou BensoudaLegal Represe ntatives of Victims Legal Representatives of ApplicantsUnrepresented Victims Unrepresented Ap plicants for

Participation/Reparation

The Office of Pub lic Co unse l for The Office of Pu blic Co uns el for theVictims Defence

States' Representatives Amicus Curiae

REGISTRYRegistrarMs Silvana A rbia Detention Section

Victims and W itnesses Un it Othe rsVictims Participation andReparations Section

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1. On 3 Octob er 2011, Pre-Trial Cham ber III ("Cham ber") issued a DecisionPursuant to Article 15 of the Rome Statute on the Authorisation of an Investigationinto the Situation in the Republic of Cte d'Ivoire, in w hi ch it a ut ho ris ed aninvestigation.

2. On 12 Dec emb er 2011, the Prosec utor filed a n applicat ion for a wa rra nt ofarrest against C harles Bl Goud ("Mr Bl Go ud") for his individu al criminalresponsibility as regards fhe crimes against humanity of murder, rape andother forms of sexual violence, persecution and other inhumane actscom mitted dur ing the post-election crisis from 28 N ovem ber 2010 onw ardsby the Ivorian Defence and Security Forces ("FDS"), which were reinforcedby youth militias and mercenaries loyal to President Gbagbo ("pro-Gbagboforces"), in Abidjan, including around the Golf Hotel and elsewhere in thecountry.

3. The Chamber has particularly had regard to Articles 19(1) and 58(1) of theStatute and the analysis of the evidence and other information submitted bythe Pros ecuto r will be set out in a decision to be issued hereafter.

4. The Chamber considers, on the basis of the evidence and informationsubmitted by the Prosecutor, and without prejudice to its determination ofany future challenge to the admissibility of the case under Articles 19(2)(a)and (b) of the Statute, that the case against Mr Bl Goud falls within thejurisdiction of the Co urt an d is admissible.

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5. On the evidence, the Chamber concludes that there are reasonable grounds tobelieve that in the aftermath of the presidential elections in Cte d'Ivoire pro-Gbagbo forces attacked the civilian population in Abidjan and in the west ofthe country, from 28 November 2010 onwards. They targeted civilians whothey considered were supporters of Mr Ouattara, and the attacks were oftendirected at specific ethnic or religious communities.

6. The Cham ber finds that there are reasonable grou nds to believe that theseattacks by pro-Gbagbo forces during the post electoral violence werecommitted pursuant to an organisational policy. Furthermore, they werewidespread and systematic, as demonstrated, inter alia, by the extended timeperiod during which crimes were committed (between 28 November 2010and May 2011), their geographic spread (many of the neighbourhoods ofAbidjan and the west of Cte d'Ivoire), the high number of reported victimsand th e general pattern of the way in which the offences w ere com mitted.

7. On the evidence, the Chamber finds that there are reasonable grounds tobelieve that the crimes against humanity of murder under Article 7(l)(a), rapeand other forms of sexual violence under Article 7(l)(g), other inhumane actsunder Article 7(l)(k) and persecution under Article 7(l)(h) of the Statute,were committed in Cte d'Ivoire during the period between 16 December2010 and 12 Ap ril 2011.

8. Furth erm ore, the Cham ber finds that there are reasonable gro und s to believethat these acts occurred in the context of a widespread or systematic attackdirected against the Cte d'Ivoire civilian population within the meaning ofArticle 7(1) of th e S tatute .

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9. The Cham ber finds tha t there are reasonable grou nds to believe that Mr BlGoud bears individual criminal responsibility for the crimes charged in thisApplication, as "an indirect co-perpetrator" pursuant to Article 25(3)(a) of theStatute.

10. The Chamber finds that there are reasonable grounds to believe that a planexisted and that Mr Gbagbo's inner circle met frequently to discuss theimplementation and coordination of the plan. The Chamber finds, on thebasis of the evidence provided by the Prosecutor, that there are reasonablegrounds to believe that Mr Bl Goud was part of Mr Gbagbo's inner circle.During those meetings Mr Bl Goud received instructions from Mr Gbagbo,who also sought his advice on important political matters. Mr Bl Goudexpressed his public support for the implementation of the common plan.

11. Furthermore the Chamber finds that there are reasonable grounds to believethat Mr Bl Goud and other members of Gbagbo's inner circle were awarethat implementing the common plan would, in the ordinary course of events,lead to the commission of the offences set out above.

12. The Chamber finds that there are reasonable grounds to believe that, byimplemen ting the com mon plan, Mr Bl Goud as a mem ber of Mr G bagbo'sinner circle exercised joint control over the crimes by having the power tocontrol and give instructions directly to the youth who were systematicallyrecruited, armed, trained and integrated into the FDS chain of command witha view to sup porting the implementation of the comm on p lan.

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13. Furthermore, the Chamber finds that there are reasonable grounds to believe- given the position of Mr Bl Goud as a member of Gbagbo's inner circle,and his role as regards to the common plan - that he made a coordinated andessential contribution to its realisation. Mr Bl Goud attended meetings ofMr Gb agbo's inne r circle, advised M r Gbagbo and participated in m akingdecisions on the implementation of the common plan. Moreover, Mr BlGoud played a key role in recruiting, enlisting, arming, training andintegrating thousands of volunteers within the FDS chain of command.

14. The Chamber further finds that there are reasonable grounds to believe thepro-Gbagbo forces that put the common plan into effect did so by almostautomatic compliance with the orders they received from Mr Bl Goud andother m em bers of Mr Gba gbo's inner circle.

15. Finally, the Chamber finds that there are reasonable grounds to believeMr Bl Gou d acted w ith the necessary degree of intent and loiowledge, asdemonstrated by i) his adoption of the common plan ii) his awareness thatthe common plan was being implemented and that other members of theinner circle had the means at their disposal to implement it iii) his meetingswith members of Mr Gbagbo's inner circle to discuss and coordinate theimplementation of the common plan iv) his playing a key role in recruiting,training and instructing the young patriots, and integrating them into theFDS chain of com ma nd and v) his awareness of the contribution of othermembers of Mr Gbagbo's inner circle to the implementation of the commonplan. Furthermore, the Chamber is of the view that Mr Bl Goud was awareof the factual circumstances that enabled him and other members of MrGbagbo's inner circle to exercise joint control over the crimes.

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16. Although the Chamber is satisfied that this substantial test (as proposed bythe Prosecution), is made out, it is likely that this issue {i.e. Mr Bl Goud'ssuggested liability as an "indirect co-perpetrator" under Article 25(3)(a) of theStatute) may well need to be revisited in due course with the parties andparticipants.

17. Finally, The Chamber is satisfied that his arrest is necessary to: i) ensure hisappearance before the Court; ii) ensure that he does not use his resources toobstruct or endanger the investigation; and iii) prevent the commission offurther crimes.

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FOR THESE REASO NS, THE CHAMBER

HEREBY ISSUES a warrant of arrest against Charles Bl Goud, who was bomon 1 January 1972 in Niagb rahio, Gagnoa or Guibroua, G agnoa in Cte d'Ivoire,an Ivorian national and a member of the Bt tribe, for his alleged criminalresponsibility within the meaning of Article 25(3)(a) of the Statute for the crimesagainst hum anity of (1) mur der und er Article 7(l)(a), (2) rape and other forms ofsexual violence und er Article 7(l)(g), (3) other inhu m ane acts un de r Article 7(l)(k)and (4) persecutio n un de r A rticle 7(l)(h) of the Statute com mitted in the territoryof Cte d'Ivoire d urin g th e period betw een 16 December 2010 and 12 April 2011;

DECID ES that the w arra nt of arrest is to rem ain un de r seal, ex parte theProsecution and the Registry only, but in order to effect Mr Bl Goud's transferto the seat of the Court, it may be communicated as necessary to third parties(such as the authorities in Cte d'Ivoire and any other State or intemationalorganisation) in order to implement it. The Chamber will consider in due coursethe reclassification of the w arra nt of arrest, upon the surre nder of Mr Bl Gou dto the ICC;

DECIDES that, as soon as practicable, the Registry: (i) shall prepare a request forcooperation seeking the arrest and surrender of Charles Bl Goud andcontaining the inform ation and docum ents requ ired b y Articles 89(1) and 91 ofthe Statute, and by Rule 187 of the Rules of Procedure and Evidence ("Rules");and (ii) shall transmit, in consultation and coordination with the Prosecutor, therequest to the competent authorities in the States where the suspect might belocated in acc ordan ce w ith Rule 176(2) of the Rules;

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FURTHER DECIDES that the Registry shall, if necessary, send a request forprovisional arrest in accordance with Article 92 of the Statute, in case the suspectis located in a country to which the request for arrest and surrender was nottransmitted;

DIRECTS the Registrar, pursuant to Article 89(3) of the Statute, to prepare andtransmit to any relevant State and intemational organisation any request fortransit which may be necessary for the surrender of Charles Bl Goud to theCourt;

ORD ERS the Prosecutor to transm it to the Registry, as far as his confidentialityobUgations allow, and to the Chamber all information available to him that mayassist in averting any risks to victims or witnesses associated with thetransmission of the abovementioned cooperation request;

INVITES the Prosecutor to transmit to the Registry, as far as his confidentiaUtyobhgations allow, and to the Chamber all information available to him that, inhis view, wo uld facilitate the transmission an d execution of the above-m entionedcooperation request.

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Do ne in both English and French, the English version being authoritative.

;(iA(^^^Judge Silvia Fernandez de Gurmendi

r y OJudge Elizabeth Odio Benito

qZvvivN ^'tudge Ad rian Fulf ordDated this 21Decem ber 2011At The Hagu e, The Neth erlands

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Warrant Of Arrest For Charles Blé Goudé