64
“They looked at his identity card and shot him dead”
Six months of post-electoral violence in Côte d’Ivoire
Red Cross study, Customary International Humanitarian Law: Volume 1: Rules, J-M
Henckaerts and L Doswald-Beck, eds, 2005 (“ICRC Customary IHL Study”)
31
ICRC Customary IHL Study, Rule 1; see also Protocol I, article 48 and Protocol II, article
12(2).
32
33
ICRC Customary IHL Study, Rule 5; see also Protocol I, article 50.
ICRC Customary IHL Study, Rule 6; see also Protocol I, article 51(3); Protocol II, article
13(3).
34
35
ICRC Customary IHL Study, Rules 8 and 9; Protocol I, article 52.
36
ICRC Customary IHL Study, Rule 10.
37
Protocol I article 52(3). See also ICRC Customary IHL Study, pages 34-36.
38
ICRC Customary IHL Study, Rule 156, pages 591,593,595-598. See also Rome Statute
of the ICC, articles 8(2)(b)(i) and (ii) and 8(2)(e)(i)(ii)(iv) and (xii) [see also discussion in
ICRC Customary IHL Study, page 27]
39
ICRC Customary IHL Study, Rule 2; see also Protocol I, article 51(2) and Protocol II
articles 12(2).
40
ICRC Customary IHL Study, Rule 11; Protocol I, article 51(4).
41
ICRC Customary IHL Study, Rule 12; Protocol I, article 51(4)(a).
42
ICRC Customary IHL Study, Rule 14; Protocol I, articles 51(5)(b) and 57.
43
ICRC Customary IHL Study, Rule 156, pages 599-601.
44
Customary IHL Study, Rules 87-105.
45
ICRC Customary IHL Study, Rule 156, pages 590-603.
46
International Court of Justice, Legal Consequences of the Construction of a Wall in the
Occupied Palestinian Territories, 9 July 2004, paragraph 104; Human Rights Committee,
General Comment no 31, paragraph 11.
47
International Covenant on Civil and Political Rights, Articles 2, 6, 7, 9.
48
This Commission of enquiry was set up by decree on 7 January 2011 and was composed of
seven members including four Ivorians as well as a lawyer from Burundi, a French professor
of Public International Law and a former minister of Human Rights from Congo Brazzaville.
To Amnesty International’s knowledge, this commission does not seem to have published the
results of their enquiries.
In October 2010, members of the FAFN summarily executed eleven men that they had
detained and accused of being “coupeurs de route” (road bandits) and of having murdered
several travellers in Touba (some 680 km west of Abidjan). Though the incident was publicly
well known (FAFN members themselves filmed the incident, including the bodies of the 11
detainees after they had been killed) no concrete measures are known to have been taken by
the FAFN leadership against those responsible.
49
This Law (Loi 1963-04) adopted on 17 January 1963 entitled “Réquisition des personnes”
(Requisition of People) concerns the “use of people in view of ensuring the economic and
social promotion of the nation”. The original text of the article 7 reads: « Toute personne
dont l’action s’avère préjudiciable à la promotion économique ou sociale de la nation peut
être assignée à résidence par décret ».
50
Amnesty International May 2011
Index: AFR 31/002/2011
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