50
“They looked at his identity card and shot him dead”
Six months of post-electoral violence in Côte d’Ivoire
legally bound by its obligations under these international treaties, as well as by relevant
customary international law. The International Court of Justice as well as the UN Human
Rights Committee have affirmed that international human rights law applies in time of armed
conflict as well as peacetime; some (but not all) rights may be modified in their application,
or “derogated from” or limited in situations of armed conflict, but only to the extent strictly
required by the exigencies of the particular situation and without discrimination.46
Of particular relevance to this report are Côte d’Ivoire’s international human rights law
obligations related to the prohibition of discrimination, the right to life, the prohibition of
torture and other ill-treatment, the prohibition of enforced disappearance, and the prohibition
of arbitrary detention. 47 Certain violations, such as torture and enforced disappearance,
amount to crimes under international law and states are required to make such violations a
criminal offence in domestic legislation. States are also obliged to bring to justice those
responsible for these and other serious crimes, including extrajudicial executions.
International criminal law
Individuals, whether civilian or military, can be held criminally responsible for certain
violations of international humanitarian law and grave abuses of human rights.
All states have an obligation to investigate and, where sufficient admissible evidence is
gathered, prosecute genocide, crimes against humanity and war crimes, as well as other
crimes under international law such as torture, extrajudicial executions and enforced
disappearances, in fair trials without the death penalty.
Grave breaches of the Geneva Conventions and Additional Protocol I and most other serious
violations of international humanitarian law are war crimes. Definitions of these crimes are
included in the Rome Statute. The list of war crimes in Article 8 of the Rome Statute of the
International Criminal Court basically reflected customary international law at the time of its
adoption, although they are not complete and a number of important war crimes are not
included.
According to the Rome Statute, certain acts, if directed against a civilian population as part
of a widespread or systematic attack, and as part of a state or organizational policy, amount
to crimes against humanity. Such acts include, among others, murder, extermination,
enslavement, deportation or forcible transfer of population, imprisonment or other severe
deprivation of physical liberty in violation of fundamental rules of international law, torture,
rape and other sexual crimes, and enforced disappearances.
Amnesty International May 2011
Index: AFR 31/002/2011