A/HRC/17/48
the period under consideration. Serious crimes such as murder or rape perpetrated during
widespread and systematic attacks against populations targeted on the basis of their
supposed political sympathies or their ethnicity might constitute crimes against humanity.
In that connection, the Commission noted in particular attacks by FDS elements with
militiamen and allied mercenaries against the inhabitants of the Abobo and Yopougon
districts of Abidjan, in particular the PK-18 district and the Sikasso village in Abidjan;
looting and killing by elements of the Invisible Commando in the Ebrié village of
Anonkoua-Kouté; along the Duékoué-Toulepleu axis, attacks and brutalities by FRCI and
their allies against people of Guéré origin and the destruction of their property. Some of
these events might constitute crimes against humanity. However, owing to lack of time, the
Commission was not able to study the matter in sufficient depth for it to propose a
definitive characterization of specific events.
War crimes
92.
Some of the acts described above are serious violations of common article 3 of the
four Geneva Conventions of 12 August 1949 within the meaning of article 8 of the Rome
Statute. Those acts committed during the fighting in Abidjan and other towns since late
March 2011 are attacks on life and corporal integrity, cruel treatment and torture, and
humiliating and degrading treatment violating the dignity of persons who took no direct
part in the hostilities.
93.
Those acts may also be described as serious violations of laws and customs
applicable to armed conflict not of an international character. These include attacks directed
intentionally against the civilian population as such or against civilians not taking direct
part in the hostilities, attacks directed intentionally against buildings, material, medical
units and transport, attacks directed intentionally against personnel, installations, material,
units or vehicles involved in a UNOCI peacekeeping mission, attacks directed intentionally
against buildings dedicated to religion, education and hospitals, pillaging towns and
villages, as well as rape and other forms of sexual violence. The Commission was unable to
confirm that children under the age of 15 years had been conscripted or enlisted by parties
to the conflict, but expresses serious concerns about the presence of juveniles in FDS and
FRCI units.
D.
Responses of the Government to the situation
94.
The Commission notes that, on the ground, the legitimate Government has
recognized the seriousness of the facts and has taken certain measures. The Government
has initiated judicial and military procedures at national level against certain suspects. It has
set up a Dialogue, Truth and Reconciliation Commission and has decided to refer to the
International Criminal Court.
1.
Military procedures
95.
On 12 May 2011, the Military Prosecutor submitted an application for the
investigation of 52 military personnel belonging to FDS, essentially joint task forces, such
as the Garde républicaine, CECOS, BAE and special gendarmerie units which, according to
the Military Prosecutor, were under the dual command of the chief of GR and the chief of
CECOS. The investigation will be extended, according to the findings, to any person
suspected of a crime, including FRCI.
2.
Judicial procedures
96.
The Government decided to set in motion a judicial process at the national level in
order to prosecute persons responsible for crimes under Ivorian law who do not come
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GE.11-14375 (EXT)
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