Risk of Widespread Attacks on Civilians in Côte d’Ivoire as Fighting Continues

The fighting between forces backing international recognized President Alassane Ouattara and forces loyal to former President Laurent Gbagbo continues, as pro-Ouattara troops enter the country’s largest city, Abidjan.  According to reports, there has been heavy fighting in the central Cocody district and the outlying area of Adjame.  As clashes continue, GI-NET/SDC staff are worried that attacks on civilians may during battles for control of the city.

There are deep fears that forces backing Laurent Gbagbo will resort to brutal tactics in an effort to stall the former president’s exit.  Over the last few weeks, the Young Patriots, led by Charles Ble Goude, have recruited thousands of youths, who have pledged to liberate their country from pro-Ouattara forces.  It is feared that the Young Patriots were organized as Gbagbo’s weapon of last resort, which may be unleashed as the regular army defects.  Speaking of the regular army, even though pro-Gbagbo forces appear to be defecting in large numbers, it is believed that 2,500 troops are guarding Gbagbo’s presidential palace and may be willing to fight until the end.  There are real fears that Gbagbo supporters, particularly the Young Patriots and a collection of hired mercenaries, will commit atrocities similar to the massacre of West African migrants, heavy shelling in pro-Ouattara areas, and the ‘disappearance’ of Ouattara supporters.

We are also concerned about the possibility of reprisal attacks by members of the pro-Ouattara Republican Forces.  Two weeks ago, Human Rights Watch reported that members of the Forces Nouvelles, now operating as the Republican Forces, had summarily executed pro-Gbagbo security forces in Abidjan.  Pro-Ouattara forces have also been linked to the execution of members of the pro-Gbagbo Young Patriots movement.  As the Republican Forces enter Abidjan, there are fears that they will carry out similar attacks in pro-Gbagbo areas.

This is not the first time that there have been fears about mass atrocities in Côte d’Ivoire.  On January 19, the UN Secretary-General’s Special Advisors on the Prevention of Genocide and the Responsibility to Protect expressed their concern over “….the possibility of genocide, crimes against humanity, war crimes, and ethnic cleansing in Côte d’Ivoire.” These fears were echoed by Human Rights Watch, who believes that “…Gbagbo and several of his close allies are now implicated in crimes against humanity as defined by the Rome Statute.” Similarly, International Crisis Group called upon the United Nations Security Council to take action to prevent ethnic cleansing and other mass atrocities in the country.

In the event that mass atrocities are perpetrated by either side, these crimes may come under the auspices of the International Criminal Court (ICC).  While Côte d’Ivoire is not a state party to the ICC, the court may have authority to investigate mass atrocities in the country due to Côte d’Ivoire’s article 12(3) declaration accepting the court’s jurisdiction.  Under this declaration, the ICC may investigate mass atrocities committed in Côte d’Ivoire after September 19, 2002, so long as the investigation is triggered by a UN Security Council referral, a state party referral, or a decision made by the ICC prosecutor.  The first step towards a Security Council referral has been taken, as the UN Human Rights Council is already planning to dispatch a commission of inquiry into crimes committed in the country.

The United Nations Security Council has taken some steps to try and end the conflict.  On Wednesday, March 30, the Security Council unanimously passed Resolution 1975, which imposed UN sanctions on Laurent Gbagbo and several senior advisors, and called on the United Nations Operation in Côte d’Ivoire (UNOCI) to take all necessary means to protect civilians under imminent threat of violence.  In light of this resolution, it is important to note that there is already a significant international troop presence on the ground, headed by UNOCI and the French Licorne peacekeeping mission.  The presence of these troops already constitutes an international intervention, and it is important that are able to carry out the civilian protection mandate granted to them in UN Security Council Resolution 1528 and affirmed in Wednesday’s Security Council Resolution 1975 in the eyes of some senior U.S. policy makers.

At the moment, GI-NET/SDC is determining whether or not there are potential advocacy opportunities for our constituencies and partners.

For more background on the development of the crisis in Côte d’Ivoire, please refer to GI-NET/SDC’s previous blog posts on the subject here, here, here, and here.  The British Royal African Society has also put together a guide to the crisis, available here.