The post which Charles Ble Goude held during the 2010-11 post-election violence in Ivory Coast sounds quite innocuous. He was appointed youth minister by the then President Laurent Gbagbo. But he was also leader of the so-called "Young Patriots," a fanatical group of Gbagbo supporters. According to Geraldine Mattioli-Zeltner from Human Rights Watch (HRW), Gbagbo bestowed a veneer of officialdom upon this militia by giving Goude a cabinet post.

HRW'sMattioli-Zeltner has been following closely the search for justice in the aftermath of the post-election violence. More than 3,000 people were killed in clashes between supporters of Gbagbo, who lost the election, and their counterparts from the opposing side, who backed winning candidate Alassane Ouattara. Mattioli-Zeltner said many of these crimes can be directly linked to the "Young Patriots" and their leader Ble Goude.

'Climate of impunity'

Mattioli-Zeltner welcomes the start of hearings at the International Criminal Court (ICC) on Monday (29.09.2014), which will decide whether Ble Goude should stand trial. She hopes that prosecution will be able to muster sufficient evidence for the start of criminal proceedings against the militia leader. Such a trial - together with the proceedings against Gbagbo, who is also in custody in The Hague - would convey a powerful signal, namely that heads of state and their henchmen can be called to account for their crimes. Mattioli-Zeltner said a climate of impunity has prevailed in Ivory Coast for a long time.

Observers, however, are far from satisfied with the ICC's record on Ivory Coast. So far only the former president and his associates have appeared in court. Numerous members of the opposing side are also suspected of having committed serious crimes against humanity. But Ouattara, who with international backing eventually emerged victorious after the fighting between the rival camps, has so far only permitted the prosecution of his political opponents.

Allegations of victors' justice

Andreas Mehler is a professor of African studies at German Institute of Global and Area Studies (GIGA) in Hamburg. He believes there is the risk that the court in The Hague could allow itself to be misused for the dispensation of "victors' justice."

The Ivorian government "was able to decide how it would handle the International Criminal" and has made use of this opportunity, Mehler maintained.

The ICC depends on national governments to hand over suspects. There is little it can do if they refuse to extradite them, as in the case of Gbabgo's wife, Simone. She is wanted by the ICC for crimes against humanity, but the Ivorian government would prefer to see her stand trial at home for political reasons.

No charges have been brought against Ouattara's militia in The Hague. Mattioli-Zeltner believes the ICC is therefore setting a bad example for Ivorian justice, which defends itself against allegations of bias by saying "the ICC is only prosecuting Gbagbo's side and we are just doing the same."

Mehler believes that the international community - in particular former colonial power France - has a moral responsibility to see that any accusations of "victors' justice" are effectively defused. This would help foster reconciliation in the country which is still deeply divided between the two camps. Yet France is not encouraging the Ivorian government to investigate crimes committed by its own ranks. Instead it is supporting President Ouattara without reservation. "France is clearly backing one side and opposing the other," Mehler said.