Table of contents:
Element:
ICC, The Prosecutor v. Laurent Gbagbo , ICC-02/11-01/11, Decision on the confirmation of charges (PTC), 12 June 2014, para. 238-240:
"238. Moreover, the evidence analysed above shows that:
(i) Laurent Gbagbo was aware that his actions would cause or were causing harm;
(ii) the conduct in question stretched over the course of several months and Laurent Gbagbo knew at least from mid-December 2010 of the consequences;
(iii) Laurent Gbagbo was aware of the deployment of FANCI to Abobo with heavy weaponry;
(iv) Laurent Gbagbo was aware that heavy weaponry was being used by forces under his command in areas densely populated by civilians; and
(v) Laurent Gbagbo knew of the nature of the pro-Gbagbo militias and youth, and exploited their allegiance with a view to committing violence against civilians known or perceived to be supporters of his political opponent Alassane Ouattara. This evidence also illustrates that Laurent Gbagbo and the other co-perpetrators were mutually aware and accepted that the implementation of the common plan to maintain power at any cost would result in the use of violence against civilians.
239. In the view of the Chamber, this evidence further shows that Laurent Gbagbo was aware that the crimes committed in the context of the four charged incidents formed part of a widespread and systematic attack directed against a civilian population, namely known or perceived Ouattara supporters.
240. Finally, the Chamber finds that Laurent Gbagbo was aware that on the basis of his claim of status as President of Cote dIvoire, he was able to assert his authority over the entirety of the FDS, with the high commanders of the FDS recognising his leadership, receiving instructions from him, and reporting to him, directly or indirectly, and that he exercised control over the pro-Gbagbo forces also through a parallel structure which initially complemented and eventually virtually replaced the official structure. With regard to Laurent Gbagbos control over the actions of the pro-Gbagbo youth in particular, the evidence demonstrates that Laurent Gbagbo was aware of his close relations with Charles Ble Goude and the latters major role in the mobilisation of the youth for violent acts, through which their actions were directed."
