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ICC expert welcomes action on volatile Burundi

───   16:14 Tue, 26 Apr 2016

ICC expert welcomes action on volatile Burundi | News Article

Bujumbura - The International Criminal Court (ICC) is to investigate the rising violence in Burundi, which has claimed hundreds of lives, seen the arrest of thousands and forced many others to flee their homes.


“Since April 2015, I have closely followed the situation in Burundi and repeatedly called upon all involved to refrain from violence, warning that those alleged to be committing crimes falling within the jurisdiction of the ICC could be held individually accountable,” said ICC prosecutor Fatou Bensouda on Monday.

“My 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.

“All these acts appear to fall within the jurisdiction of the ICC. I have decided therefore to open a preliminary examination into the situation in Burundi since April 2015.”

There are no timelines provided in the Rome Statute for a decision on a preliminary examination.

Depending on the facts and circumstances of each situation, the ICC will decide whether to continue to collect information to establish a sufficient factual and legal basis to render a determination; initiate an investigation, subject to judicial review as appropriate; or decline to initiate an investigation if there is no reasonable basis to proceed.

Bensouda explained that her office would also be engaging with the Burundian authorities with a view to discussing and assessing relevant investigations and prosecutions at the national level.

Burundi is a State Party to the Rome Statute, and as such, the ICC has jurisdiction over genocide, crimes against humanity and war crimes committed on the territory or by nationals of Burundi since December 1 2004, the date when the Statute entered into force in Burundi.

ICC expert Allan Ngari from the Institute for Security Studies (ISS) in Pretoria said Bensouda’s announcement was a very positive development.

“We have reached a new threshold of accountability. Previously there were various warnings issued but no action taken. Now the parties have been put on notice,” Ngari told ANA during a telephone interview from Pretoria on Tuesday afternoon.

“These developments should come as no surprise to anybody because there have been enough warnings over the years to both the ICC and the African Union (AU) to take action on the situation in Burundi,” said Ngari.

The statement by the prosecutor is just the preliminary step, but there appears to be plenty of evidence to back up claims of atrocities committed, explained Ngari.

“There has been sufficient evidence over the years provided to the ICC and the international community by activists on the ground including graphic images so it’s just a matter of following the procedures of the Rome Statute that established the ICC.

In the course of Burundi’s on-going crisis, more than 430 persons were reportedly killed, at least 3,400 people have been arrested and over 230,000 Burundians forced to seek refuge in neighbouring countries.

“Once evidence of crimes has been established, Bensouda will then seek the authorisation of the pre-trial chamber to the ICC to proceed and this will move the matter to the investigative stage,” Ngari told ANA.

Another positive factor was that Burundi falls within the ICC’s jurisdiction and signed the Rome Statue on January 13, 1999 and ratified it on September 21, 2004, added Ngari.

Ngari, however, said he wasn’t sure how long the whole procedure would take as there were various stages for the investigation to go through.

ANA spoke to Burundi Ambassador to South Africa Isaie Ntirizoshira on Tuesday morning asking for comment, but he said he was too busy to talk and could only comment by Thursday.

Meanwhile, United Nations Secretary-General Ban Ki-moon condemned the assassination of Brigadier General Athanase Kararuza, his wife and daughter on Monday in the capital, Bujumbura.

A statement issued by Ki-moon’s spokesperson said Brigadier General Kararuza had served in senior positions in both the African-led International Support Mission to the Central African Republic (MISCA) and the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic (MINUSCA).

Extending his deepest condolences to all affected by this tragic loss, the UN chief said the assassination of Brigadier General Kararuza comes in the wake of several instances of politically-motivated assassination attempts in Burundi over recent weeks.

These include Sunday’s attack on Martin Nivyabandi, Minister of Human Rights, Social Affairs and Gender, as well as those on prominent members of the security forces.

“The Secretary-General underlines that a political process is the only way for Burundians to put their country back on the path of national reconciliation and peace.”

ANA


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