Bensouda opens preliminary probe into Burundi violence

Bensouda opens preliminary probe into Burundi violence

International Criminal Court (ICC) Prosecutor Fatou Bensouda has opened a preliminary examination into violence in Burudi.

In statement to newsrooms, Bensouda stated that her office has been keenly following reports of violence in the country since April 2015.

“In the course of the 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,” stated the prosecutor.

She went further to state that the crimes witnessed appear to fall within the jurisdiction of the ICC, adding that since Burundi is a signatory to the Rome Statute the court had the right to probe and prosecute those found responsible.

“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,” she stated.

Bensouda, however, clarified that the opening of a preliminary examination does not mean that she has opened a Burundian case or investigation at the Hague-based court.

“A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with an investigation pursuant to the criteria established by the Rome Statute,” the statement read.

Should the information collected indicate that an individual responsible for the violence, they could be held personally accountable.

“…those alleged to be committing crimes falling within the jurisdiction of the International Criminal Court could be held individually accountable,” she stated.

There is, however, no deadline attached to the examination.

“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 office 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,” she stated.

The court, which has been in operation since 2002, has jurisdiction over genocide, crimes against humanity and war crimes committed on the territory or by nationals of countries which are signatories to the Rome Statute.

The ICC is meant to complement local judicial processes, stepping in when a member state’s judiciary is unable or unwilling to prosecute criminals.

Because of this principle, the Office of the Prosecutor is duty bound to pursue local prosecutions – a requirement that Bensouda has promised to undertake.

“My office will also be engaging with the Burundian authorities with a view to discussing and assessing relevant investigations and prosecutions at the national level,” concluded Bensouda.

The ICC has been conducting  investigations in: Uganda; the Democratic Republic of the Congo; Darfur, Sudan; the Central African Republic (two separate investigations); Kenya; Libya; Côte d’Ivoire, Mali and Georgia.

The Office of the Prosecutor is also conducting preliminary examinations relating to the situations in Afghanistan; Colombia; Guinea; Iraq/UK; Palestine, Nigeria and Ukraine.

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ICC Burundi Pierre Nkurunziza Nkurunziza bensouda International Criminal Court (ICC). Fatou Bensouda

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