{"id":27069,"date":"2016-04-28T14:14:55","date_gmt":"2016-04-28T12:14:55","guid":{"rendered":"https:\/\/www.justiceinfo.net\/27069-opinion-the-icc-in-burundi.html"},"modified":"2016-04-28T14:14:55","modified_gmt":"2016-04-28T12:14:55","slug":"opinion-the-icc-in-burundi","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/27069-opinion-the-icc-in-burundi.html","title":{"rendered":"Opinion: the ICC in Burundi"},"content":{"rendered":"

The announcement by the International Criminal Court that it has opened a preliminary examination into human rights abuses in Burundi could be the first step towards a formal investigation into the killings and disappearances in the central African country.<\/em><\/strong><\/p>\n

Amnesty International said in a statement today<\/a> that the ICC\u2019s decision \u201cunderlines the gravity of the situation.\u201d<\/em><\/strong><\/p>\n

The ICC\u2019s Office of the Prosecutor will be exploring publically available evidence to determine whether a formal investigation is warranted into the violence that has killed more than 430 people and forced over 230,000 to seek refuge in neighbouring countries.<\/p>\n

Investigators are not typically sent out to gather evidence at this stage, but the OTP is in touch with people and organisations that are investigating violations in Burundi that began a year ago<\/a>, when President Pierre Nkurunziza announced plans to run for a controversial third term in office. He went on to win disputed elections.<\/p>\n

\u201cMy Office has reviewed a number of communications and reports detailing acts of killing, imprisonment, torture, rape and other forms of sexual violence, as well as cases of enforced disappearances,\u201d ICC prosecutor Fatou Bensouda said in a statement on Monday.<\/p>\n

The international community has tried to intervene diplomatically<\/a> in Burundi, concerned that the situation could degenerate into civil war.\u00a0<\/p>\n

In a positive move, former Tanzanian president Benjamin Mkapa, who recently replaced ineffectual Ugandan leader Yoweri Museveni as mediator in the crisis, announced on Sunday that stalled talks between the government and opposition will resume from 2-6 May in Arusha<\/a>.<\/p>\n

A coalition<\/a> of NGOs has additionally called on the UN Security Council to authorise a \u201crobust UN police deployment to protect the Burundian population\u201d and augment African Union human rights and military observers.<\/p>\n

Bensouda\u2019s team will be poring over the material from the preliminary examination to determine three things.<\/p>\n

As Burundi is a signatory to the Rome Statute, the ICC\u2019s founding law, the international court has jurisdiction. So the first question Bensouda has to consider is whether the violations committed in Burundi fall within the category of crimes that the ICC handles, namely genocide, war crimes and crimes against humanity.<\/p>\n

The second issue the OTP will weigh is whether the Burundi case should be handled by the ICC.<\/p>\n

This is the question of admissibility. The ICC is structured as a court of last resort to take on cases that national authorities are unable or reluctant to prosecute. The OTP will be looking to see whether Burundi\u2019s criminal justice system is handling any abuse-related cases and what stage they have reached.<\/p>\n

The final issue the OTP will be seeking to address in its preliminary examination is whether the interests of justice will be served by the ICC intervening in the Burundi case.<\/p>\n