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ICC opens full probe into alleged crimes in Burundi unrest

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International judges have approved the opening of a full investigation into alleged crimes against humanity in Burundi, triggering anger Thursday in the crisis-torn African nation, the first ever to leave the war crimes tribunal.

The decision to probe abuses in which at least 1,200 people may have been killed was made by judges at the International Criminal Court (ICC) on October 25, just two days before Burundi quit the world's only permanent war crimes court.

The launch of the probe had been kept under seal until Thursday in a bid to help protect victims and possible witnesses.

In the decision, the judges authorised ICC chief prosecutor Fatou Bensouda "to open an investigation regarding crimes within the jurisdiction of the court allegedly committed in Burundi or by nationals of Burundi outside Burundi since 26 April 2015 until 26 October 2017."

Bensouda can also extend the probe by her team to acts committed both before and after those dates "if certain legal requirements are met", and could even investigate other atrocities such as suspected "genocide or war crimes".

The move comes after a violent political crisis was triggered in Burundi when President Pierre Nkurunziza ran for a third term in office, winning July 2015 elections which were boycotted by the opposition.

In a swift reaction to Thursday's news, Burundi presidential office spokesman Willy Nyamitwe denounced the "corrupt" ICC in a series of tweets.

He accused the court of cheating because the authorisation had been "pre-dated" and said it had just "shot itself in the foot."

"Without any doubt, Burundi will emerge the winner of this battle," he said.

- 'Perpetrators can't escape' -

Although Burundi officially left the ICC on October 27, the ICC judges said the court "retains jurisdiction over any crime within its jurisdiction up to and including 26 October, 2017, regardless of Burundi's withdrawal".

Burundi had been a member of the ICC during the period to be probed and it therefore "has a duty to cooperate with the court for the purpose of this investigation", which was approved before the "withdrawal became effective," the judges stressed.

After warning during the deadly upheavals that "perpetrators do not go unpunished," Bensouda opened a preliminary probe in April 2016 into reports of killings, torture and rape in the landlocked country in Africa's Great Lakes region.

The judges found there was now "a reasonable basis to proceed with an investigation in relation to crimes against humanity".

According to estimates, "at least 1,200 people were allegedly killed, thousands illegally detained, thousands reportedly tortured and hundreds disappeared", the judges said.

"The alleged acts of violence have reportedly resulted in the displacement of 413,490 persons between April 2015 and May 2017," they added.

The abuses were allegedly carried out by people acting for the state, including the national police and intelligence service, units of the army and "members of the youth wing of the ruling party known as the 'Imbonerakure'," they said.

Noting that Burundian courts had failed to act, they warned if "sufficient evidence" is found the prosecutor could "issue either summonses to appear or warrants of arrest".

According to differing tolls provided by the United Nations or non-governmental organisations, the violence in Burundi has claimed between 500 and 2,000 lives, and more than 400,000 Burundians have fled abroad.

Set up in 2002, the ICC based in The Hague has often come under fire from some countries who claim it is unfairly targeting African nations.

And thousands had celebrated Burundi's withdrawal from the ICC in late October, singing and dancing in the streets of the capital Bujumbura.

International judges have approved the opening of a full investigation into alleged crimes against humanity in Burundi, triggering anger Thursday in the crisis-torn African nation, the first ever to leave the war crimes tribunal.

The decision to probe abuses in which at least 1,200 people may have been killed was made by judges at the International Criminal Court (ICC) on October 25, just two days before Burundi quit the world’s only permanent war crimes court.

The launch of the probe had been kept under seal until Thursday in a bid to help protect victims and possible witnesses.

In the decision, the judges authorised ICC chief prosecutor Fatou Bensouda “to open an investigation regarding crimes within the jurisdiction of the court allegedly committed in Burundi or by nationals of Burundi outside Burundi since 26 April 2015 until 26 October 2017.”

Bensouda can also extend the probe by her team to acts committed both before and after those dates “if certain legal requirements are met”, and could even investigate other atrocities such as suspected “genocide or war crimes”.

The move comes after a violent political crisis was triggered in Burundi when President Pierre Nkurunziza ran for a third term in office, winning July 2015 elections which were boycotted by the opposition.

In a swift reaction to Thursday’s news, Burundi presidential office spokesman Willy Nyamitwe denounced the “corrupt” ICC in a series of tweets.

He accused the court of cheating because the authorisation had been “pre-dated” and said it had just “shot itself in the foot.”

“Without any doubt, Burundi will emerge the winner of this battle,” he said.

– ‘Perpetrators can’t escape’ –

Although Burundi officially left the ICC on October 27, the ICC judges said the court “retains jurisdiction over any crime within its jurisdiction up to and including 26 October, 2017, regardless of Burundi’s withdrawal”.

Burundi had been a member of the ICC during the period to be probed and it therefore “has a duty to cooperate with the court for the purpose of this investigation”, which was approved before the “withdrawal became effective,” the judges stressed.

After warning during the deadly upheavals that “perpetrators do not go unpunished,” Bensouda opened a preliminary probe in April 2016 into reports of killings, torture and rape in the landlocked country in Africa’s Great Lakes region.

The judges found there was now “a reasonable basis to proceed with an investigation in relation to crimes against humanity”.

According to estimates, “at least 1,200 people were allegedly killed, thousands illegally detained, thousands reportedly tortured and hundreds disappeared”, the judges said.

“The alleged acts of violence have reportedly resulted in the displacement of 413,490 persons between April 2015 and May 2017,” they added.

The abuses were allegedly carried out by people acting for the state, including the national police and intelligence service, units of the army and “members of the youth wing of the ruling party known as the ‘Imbonerakure’,” they said.

Noting that Burundian courts had failed to act, they warned if “sufficient evidence” is found the prosecutor could “issue either summonses to appear or warrants of arrest”.

According to differing tolls provided by the United Nations or non-governmental organisations, the violence in Burundi has claimed between 500 and 2,000 lives, and more than 400,000 Burundians have fled abroad.

Set up in 2002, the ICC based in The Hague has often come under fire from some countries who claim it is unfairly targeting African nations.

And thousands had celebrated Burundi’s withdrawal from the ICC in late October, singing and dancing in the streets of the capital Bujumbura.

AFP
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With 2,400 staff representing 100 different nationalities, AFP covers the world as a leading global news agency. AFP provides fast, comprehensive and verified coverage of the issues affecting our daily lives.

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