Burundi: The ICC’s intervention
Dear Sirs,
I welcome the announcement from the International Criminal Court’s (ICC) chief prosecutor Fatou Bensouda on April 25 that the Court is to begin a preliminary examination of the situation in Burundi, with the purpose of determining whether grounds exist to proceed with a full, formal investigation. Should a reasonable basis be found to believe human rights violations within the ICC’s remit have been committed, a formal investigation can then be authorised by Court Judges. Subsequently, the evidence gathered may be used to inform further requests from the Prosecutor for the issue of summons or arrest warrants by the Judges for those responsible- all action taken given Burundi is party to the ICC’s founding Rome Statute treaty. Although by no means a concrete solution to the crisis in itself, this action is a vital step towards ensuring the perpetrators of gross abuses in the Central African nation are held in the words of Ms Bensouda, ‘individually accountable’.
The ICC’s decision after reports of ‘killing, imprisonment, torture, rape and other forms of sexual violence’ underscores the severity of the political instability which has been endured by Burundians, arising after President Pierre Nkurunziza announced he was pursuing a third term in office one year ago. Labelled as unconstitutional by his opponents, the move sparked dissenting protests and a government crackdown, which have spiralled into tit-for-tat attacks between rebel groups allegedly backed by neighbouring Rwanda, and the security forces. This is in addition to attacks against civilians committed by the Imbonerakure- the militia which forms the ruling party youth wing. To date, an estimated 439 deaths and 3500 arrests have occurred, with a further 260,000 being displaced from their homes. The United Nations Refugee Agency supporting those fleeing the conflict has only received about one in every seven dollars needed from donors.
In another development, United Nations Security Council (UNSC) unanimously passed Resolution 2279, which urges full cooperation with the African Union (AU) backed political talks between the Burundian government and opposition, scheduled to resume from May 2–6. It also requested that Secretary-General Ban Ki-Moon present options to the Council regarding the deployment of a UN police force to Burundi. Secretary-General Ban has since released his report on the matter, recommending either a full deployment of 3000 officers, a 228 officer force to potentially work with AU monitors and provide an early warning capacity, or a light contingent of 20–50 personnel to help improve the rule of law.
On account of the UNSC resolution excluding a mandate for intervention under Chapter VII of its charter, the consent of the Burundian government remains necessary for any force to take action in the country. Such a requirement under international law is clearly problematic, considering that the government has stated its opposition to a ‘large’ UN force, and has suggested that just 20 officers would be a suitable contribution. In light of this, the international community must push Burundi into accepting at the very least the mid-sized deployment proposed as a preliminary measure. This could be achieved through diplomatic pressure and more robust sanctions against all stakeholders acting to derail a peaceful solution, in addition to those already implemented by the European Union and United States. The mid-sized deployment would be able to monitor the crisis closely, ideally until the full deployment is prepared to enter Burundi as ‘the only option that could provide some degree of physical protection to the population’ within Secretary-General Ban’s report. Indeed, it is only once relative stability and security is restored can the ICC make a meaningful difference in bringing those who have committed abuses before the law.
Regardless of the consent of the Burundian government on the matter, the UN and AU must anticipate the possibility of the crisis deteriorating further, and should plan accordingly. While the onus remains on Burundian stakeholders to commit to peace through the ongoing political dialogue, we cannot allow the crimes of the past to repeat themselves.
The world has already said ‘never again’ far too many times.
Yours Sincerely,
Jefferi HS
