Violation of a fundamental principle of law:

• Mr Moreno-Ocampo to our knowledge has not set foot in CI has decided where he is if there is abuse, they necessarily come from the camp of President Gbagbo, there’s clearly a violation of law the presumption of innocence as provided by Article 64 of the ICC Statute which imposes the principle of objectivity in the search for truth (the Attorney investigation, moreover, prosecution and defense, not only load as it appears to do in the case of CI).

Breach of the ICC:

• Mr Luis Moreno-Ocampo has skipped an important step in the referral to the ICC, which is that only when national courts are unwilling or competence to judge such crimes that the ICC is seized and he must demonstrate that gap of national courts;
• The ICC is made either by the States parties or by the Security Council of the UN, or the Prosecutor may then decide to open an investigation on its own initiative, but before deciding that he must seek permission to PTC

Having made these observations, it should be noted here that while they had signed the Rome Statute, Côte d’Ivoire has not ratified the Statute and is therefore not to date Member State of the ICC;

Côte d’Ivoire is not the only state in this situation, we in Africa including Cameroon, America, the United States, Asia, China, which have not ratified the Statute.

It is interesting to dwell on the reasons given by China to refuse to ratify:

• Will the ICC against the sovereignty of nation states;
• The principle of complementarity gives the Tribunal the ability to judge the court system of a nation (whether national courts are competent to judge such crimes);
• The jurisdiction covers war crimes, both domestic and international conflicts;
• Finally, and most important objections against the Court, China believes that the right of the prosecutor to lay charges under the court may place a political influence.

One can realize that fear of China is found to deal with what is happening in Côte d’Ivoire, where the Prosecutor is spirited to brandish the threat of prosecution as a scarecrow for President Gbagbo to assign the seat of President of the Republic of Côte d’Ivoire to the person selected by the

“International community”, this nebula.

When one follows the history of Côte d’Ivoire is the question of why the ICC has not even lifted the threat against the rebels when they are delivered to all sorts of abuses From September 2002, although this is within the jurisdiction of the Court, in operation since July 2002

How the ICC intends to establish its credibility if she allows herself to be drawn into political manipulation as is the case in Côte d’Ivoire?

How is it that the ICC interfering in internal political conflict and a threat of the parties remaining completely silent for many years on the actions of the other party?

How the ICC can explain that, suddenly, she became concerned about the protection of the Ivorian people ignored it and continued to ignore yesterday because obviously this is not the interest of the Ivorian people it protects

How to understand that the ICC has issued and continues not to issue threats against the French soldiers who had fired on the unarmed crowd in Abidjan in 2004? If the prefect Abengourou, attacked the 25 or Jan. 26 by the youth of RhD, the abuses of Duekoue, Daloa etc..And the list goes on…

All this should lead us to ask whether the ICC is not a new weapon placed in the hands of Western countries to threaten and enslave the South through other hidden aspects of legality under etc…

Josette Kadji me,
Attorney at Law Society of Cameroon and near the ICTR and the ICC

Jean de Dieu Momo,
Attorney at Law Society of Cameroon and near the ICTR