Chief Prosecutor Luis Moreno Ocampo's wish finally came true: a former head of state on trial at the International Criminal Court in The Hague.

Former Ivorian president Laurent Gbagbo was transferred to the ICC detention facility near The Hague on 29 November. A letter witten by Gbagbo himself in 2003 paved the way for his trial.

Ocampo was defiant: “Leaders must understand that violence is no longer an option to retain or gain power," he said. However, Gbagbo’s rival President Alassane Ouattara remains politically healthy, back in Abidjan.

“Ivorian victims will see justice for massive crimes,” Ocampo said. In the past few months, the Argentinian prosecutor has worked hard to draw up his indictment against Gbagbo, who faces four charges for crimes against humanity allegedly committed between 16 December 2010 and 12 April 2011.

Power struggle
Ocampo says he has proof that Gbagbo had citizens attacked, killed and raped in the aftermath of the presidential elections because of their support for his rival Ouattara who was declared winner of the elections. At least 3,000 people were killed in the violence.

Gbagbo was eventually arrested in April by French soldiers and he and his wife Simone were detained in the north of the country. Ouattara's inauguration as rightful president ended the protracted power struggle in Ivory Coast.

The indictment states that the 66-year-old former president and his supporters planned the attacks on his opponents. Gbagbo’s lawyers argue that the accused had nothing to do with the political violence.

Mr Gbagbo will be in a position to enter a plea of guilty or not guilty when he is arraigned at the Court in the coming days.

First Ivorian
Gbagbo is the first Ivorian to stand trial, but Ocampo says “there is more to come.” The investigation into serious crimes committed during the aftermath of the presidential elections is ongoing and insiders say more indictments will follow.

“We are investigating crimes committed by both sides and will prosecute two to three individuals per party,” says Pascal Turlan, an analyst at the ICC prosecutor’s office in The Hague.

Both sides committed crimes, and even though Gbagbo is a good catch for Ocampo and the ICC, human rights organisations are cautioning against victor’s justice. Human Rights Watch argues that the ICC should also investigate the serious accusations brought against Ouattara’s supporters.

At present, there are no signs pointing to a possible prosecution of President Ouattara. Ocampo is fully dependent on his cooperation for his investigation in Ivory Coast. The new president has created a truth and reconciliation commission and claims to be investigating atrocities committed by his own supporters.

Back-firing letter
The charges brought against his predecessor may yet be expanded. For now, the former president is only accused of the political violence that occurred after 16 December 2010, but Ocampo is waiting for the green light to investigate serious human rights violations committed since 2003, and perhaps also war crimes.

Gbagbo himself was the person who took the initiative for the investigation of earlier crimes. Ivory Coast is officially not a signatory to the ICC, but in April 2003 Gbagbo wrote a letter inviting the court’s chief prosecutor to investigate political violence allegedly committed by rebels and opposition parties. That invitation opened the door for the ICC to exercise jurisdiction in Ivory Coast and seems now to have back-fired on Gbagbo.