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February 5, 2021

ICC Judge from Benin: Ruling on the "Rule of Law" from a Country Without the Rule of Law

Reine Adélaïde Sophie Alapini-Gansou (File photo courtesy Wikimedia Commons)
Beninese International Criminal Court Judge Reine Adélaïde Sophie Alapini-Gansou was one of two judges in a majority decision by the ICC that the Court has jurisdiction to target Israel in an investigation sought by the Palestinians.

According to Freedom House:

"Benin's status declined from Free to Partly Free because a new electoral code and a series of decisions by the courts... resulted in the exclusion of all opposition parties from the April 2019 parliamentary elections...

Key Developments in 2019

The courts, electoral officials, and the government implemented a new electoral code in a manner that effectively prevented all opposition parties from participating in the April legislative elections, resulting in a National Assembly composed entirely of government supporters...

Corrupt officials rarely face prosecution, contributing to a culture of impunity. The Court of Punishment of Economic Crimes and Terrorism (CRIET) was established in 2018 to focus on the prosecution of corruption, drug trafficking, and terrorism cases. However, critics have argued that the new court targets the government's political opponents and journalists;...

[T]he courts are susceptible to corruption, and the process of nominating and promoting judges lacks transparency...

In addition to allegations that the anticorruption court has been used to prosecute the president's political opponents, judges on the court were appointed in 2018 by government decree, in lieu of a transparent confirmation process."
Date
February 5, 2021
Title
ICC Judge from Benin: Ruling on the “Rule of Law” from a Country Without the Rule of Law

Related Documents

Date Title
2/5/2021 Decision on the ‘Prosecution request pursuant to article 19(3) for a ruling on the Court’s territorial jurisdiction in Palestine’, ICC-01/18-143
2/5/2021 Judge Péter Kovács’ Partly Dissenting Opinion ICC-01/18-143-ANX1
2/5/2021 Partly Separate Opinion of Judge Perrin De Brichambaut ICC-01/18-143-ANX2
2/5/2021 Press Release: ICC Pre-Trial Chamber I issues its decision on the Prosecutor’s request related to territorial jurisdiction over Palestine
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