M.9. The perpetrator was aware that he or she failed to take the necessary and reasonable measures within his or her power to prevent or repress crime or submit the matter for investigation and prosecution

M.9. The perpetrator was aware that he or she failed to take the necessary and reasonable measures within his or her power to prevent or repress crime or submit the matter for investigation and prosecution

In the Gbagbo Decision on the Confirmation of Charges, the Trial Chamber held that:

"264. The Chamber takes note of the available evidence that indicates a failure on the part of Laurent Gbagbo to prevent violence or to take adequate steps to investigate and punish the authors of the crimes, but considers that the evidence, taken as a whole, demonstrates that this failure was an inherent component of the deliberate effort to achieve the purpose of retaining power at any cost, including through the commission of crimes.

265. Therefore, the consideration of Laurent Gbagbo’s responsibility under article 28 of the Statute would require the Chamber to depart significantly from its understanding of how events unfolded in Cote d’Ivoire during the post-electoral crisis and Laurent Gbagbo’s involvement therein. Accordingly, the Chamber declines to confirm the charges based on Laurent Gbagbo’s alleged responsibility under article 28 of the Statute."[301]