Ivory Coast's courts as well as International Criminal Court have potential jurisdiction. Prospects for peace and justice may be determined by choice of which court. Each option has risks but the only consideration most certain is that the former president of Ivory Coast Laurent Gbagbo will be brought before some court to answer for his actions and incitement, both in military and political context. Violation of Ivory Coast Laws & Treason? Gbagbo’s worst offense may be in nature of violating Ivory Coast’s election laws and “treason” (in that he refused to accept the vote of the electorate of Ivory Coast, and thus brought the country back to the brink of civil war). However, it is not entirely clear what electoral laws he may have violated especially since the United Nations supervised the election. Also, Gbagbo can claim that the country’s constitutional council never confirmed the election, which was under his influence. Thus, the legality of Gbagbo’s and his opponent, internationally recognized election winner Alassane Ouattara could be again effectively re-adjudicated before an Ivory Coast court and audience. Not much doubt that Gbagbo would lose, but that nonetheless provides Gbagbo and his supporters more of a political platform and opportunity to disrupt within a country still badly divided. Focusing on Gbagbo’s alleged incitement to violence and even to genocide, (Gbagbo appealed to bigotry and fear both within the country and outside including in US against the “outsiders” – the nominally Muslim North of Ivory Coast) is perhaps as big or bigger offense. There is more than enough evidence of Gbagbo inciting. There may be even more direct evidence of his “command and control” over the militaries and paramilitaries (as the “Young Patriots”) that committed grave violations of international humanitarian law. Complementary Jurisdiction – International Criminal Court The International Criminal Court functions on the notion of complementary jurisdiction – which means that the ICC assumes the matter to extent national courts (Ivory Coast) in this case are either unwilling and/or unable to pursue investigation/prosecution. There are several problems for the ICC to assume here, including that Ivory Coast is not “State Party” to ICC, as yet. A referral by the UN Security Council may resolve. That may be something though that the UN Security Council will back away from if Ouattara’s government does not endorse ICC primacy, although during impasse and conflict Ouattara called upon ICC investigation and prosecution on more than one occasion. Now that Ouattara is in power though he could reconsider. Purportedly forces loyal to Ouattara have also committed grave violations. An ICC investigation and prosecution presumably would review actions of all sides, and it would be much more difficult for Ouattara and his Government to manage the process. Why ICC May Become Unavoidable Nonetheless, it may be best result for justice, peace and Ouattara to have ICC assume primary jurisdiction. Why? • A prosecution within Ivory Coast’s own courts could be perceived as not being impartial. • Further, it could be destabilizing to development of national cohesion and reconciliation with subjective rather than a more objective perception of events. • Ouattara loyalists may not be able to avoid investigation/prosecution if UN Security Council-ICC act to apply ICC jurisdiction, (especially if Ivory Coast’s efforts are perceived not reaching adequate standards of objectivity, process and independence from political consideration). • Many of relevant events occurred while international troops (UN & French) were present as actors and witnesses as well as while such were acting under UN Security Council mandate. While undoubtedly now that Gbagbo is under their control many presumably loyal to President Ouattara will now try to retain jurisdiction over Gbagbo and associates, the ICC is probably the best option for a trial at least for the “biggest of the fish.” It may also be unavoidable. Further Reports including: ---“Killings & UN Security Council Sanctions” diplomaticallyincorrect.org/films/movie/killingssanctions-ivory-coast-un-security-council/25918 ---“Ivory Coast-Mass Killings & Retaliation” diplomaticallyincorrect.org/films/movie/mass-killingsretaliation-ivory-coast/26143 ---“Religious Extremism or Pride” diplomaticallyincorrect.org/films/blog_post/religious-extremism-or-pride-cause-for-conflict-in-ivory-coast-by-ambassador-mo/27141