A Winner’s Justice?
Laurent Gbagbo has been removed, the legally elected new president Alassane Ouattara and his government have taken the reigns and peace is slowly returning to Côte d’Ivoire after four months of post-electoral violence. Now would be the chance for the country to draw a line under its violent past, to end impunity and introduce the rule of law.
But the government is losing momentum. Of course, Gbagbo, his family and his closest allies are under arrest and are now waiting for trial, 15 of them have already been charged. In fact, regarding their opponents, Ouattara and his government are more than busy to dispense justice. But it is a one-sided, non-transparent and political motivated justice. As Human Rights groups have documented in detail. both sides in the post-election debacle have committed serious human rights violations, including massacres, kidnappings, rapes and unlawful killings. But not one member of the FRCI, the armed forces that fought on Ouattara’s side, has been arrested or detained so far. Moreover, the members of the newly created Truth and Reconciliation Commission were appointed solely by Ouattara. Transparency and inclusive procedures – far from it. Of course, there is also a preliminary ICC investigation under way which looks into the crimes of both sides. But Côte d’Ivoire is no signatory of the Rome Statute that gives the ICC jurisdiction over a country. Even though the new Minister of Justice recently signed a cooperation agreement with the ICC, it is far from sure that Ouattara will allow the ICC to act if his most important allies are impeached. If the ICC actually continues the investigations, which is also unsure. At the moment, it all look’s like a classical winner’s justice. If Ouattara doesn’t change his strategy soon, this will be fatal for the country. The divisions and resentments between Ouattara’s and Gbagbo’s supporters in the country run deep – a one-sided justice will only deepen these divisions and make reconciliation impossible. A resurgence of civil conflict will then be only a matter of time. International donors should be aware of the risks partial justice has. Instead of cancelling all of the country’s debts immediately and shower the new government with development aid, they should first make sure that the new Ivorian government is really interested in peace and reconciliation and not only takes advantage of its own power to take revenge on its former enemies