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Conclusion

Key international actors working to resolve the crisis in Côte d’Ivoire, namely France, the United Nations, the African Union and the Economic Community of West African States (ECOWAS), must work to develop a concrete strategy to bring to justice those who bear the greatest responsibility for the most serious human rights crimes committed in the country since 1999, including those killed by all sides during the events of March 24-26, 2004. Only then can the rule of law be established and political stability take root. Justice is an indispensable element to building long term stability and sustainable peace in Côte d’Ivoire. Clearly, symbolic gestures to bring about accountability for serious crimes, like those employed by the Ivorian government in the past, will do nothing to stop the vicious cycle of violence that has engulfed the country. The pursuit of justice for victims must play a central role in all future peace summits, negotiations and other efforts by the international community to end the conflict.

The United Nations has taken a proactive role in investigating serious crimes committed in Côte d’Ivoire. Since 2000 the Office of the United Nations High Commissioner for Human Rights (OHCHR) has dispatched three independent commissions of inquiry into the grave human rights situation in Côte d’Ivoire; the first following the election violence of October 2000; the second following the violent crackdown of an opposition demonstration in March 2004; and the third, following a request by all parties to the Linas-Marcoussis Agreement to investigate all serious violations of human rights and humanitarian law perpetrated in Côte d’Ivoire since September 19, 2002, which began in July 2004.

Human Rights Watch takes the view that national courts have primary responsibility for prosecutions of crimes committed within national borders; however, when national justice systems are unwilling or unable to prosecute serious violations of international law, alternative judicial mechanisms must be considered. There are serious concerns about the willingness and ability of the Ivorian national courts to prosecute serious international crimes committed since 1999. The Ivorian government has demonstrated little political will to hold accountable perpetrators within the government or security forces. Within rebel-held areas – thought to be at least fifty percent of the national territory – there are no legally constituted courts, nor has the rebel leadership established a legitimate judicial authority or shown any political will to try serious crimes in which their commanders or combatants were involved. While the constitution provides for an independent judiciary, the Ivorian judiciary has in practice succumbed to pressure from the executive branch and outside influences, most notably corruption. There are also frequent cases of arbitrary arrest and detention, and extended pre-trial detention without the benefit of public defenders. Lastly, the security situation in the country remains divided and polarized along ethnic, religious and political party lines, and would thus create huge challenges for the adequate protection of witnesses and court staff.

Given serious concerns about the ability and willingness of the Ivorian national courts to try these crimes as well as concerns about the degree of social and political instability in the country, justice for victims of serious human rights crimes in Côte d’Ivoire cannot be achieved without significant support and engagement from the international community.