Background

The International Criminal Court (ICC) is the world’s only permanent international court with a mandate to investigate and prosecute three sets of crimes collectively called “atrocity crimes”  (criminal act, a crime against humanity, a war crime). The ICC Prosecutor may start a preliminary examination Proprio motu ("on one's initiative" in Latin), into alleged atrocity crimes that have occurred either:

1. on the territory, or by a national, of any state party or;
2. on the territory, or by a national, of a non-State Party that has consented to the jurisdiction of the ICC.

It is uncontroverted that member states are sovereign and entitled to create and enforce their laws, the principle of complementarity entails that the ICC can investigate and prosecute core international crimes when national jurisdictions are unable or unwilling to do so. These are some of the fundamental objectives of The International Criminal Court with inherent jurisdiction over state parties as provided in the Rome statute.

Parties to this petition are of the firm conviction that no person or state operatives should ever be encouraged to infringe on basic human rights and the disregard of decency with absolute impunity. This was further reinforced in Article 5 of the Universal Declaration of Human Rights (No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment). We trust that the ICC, as a court of law, will continue to do its independent work, undeterred,  as per statutory mandate and the overarching principle of the rule of law.

Dear Office of The Prosecutor,

As per relevant statutory provisions, individuals have the right to communicate information on alleged crimes against humanity to the Office of the Prosecutor (OTP) of the International Criminal Court, regardless of nationality,  political affiliation or religious beliefs. The purpose of this petition is to show that more than just an individual believes that this institution has a humanitarian and statutory responsibility to step in and investigate and hold to account the perpetrators of “atrocity crimes” especially those who bear the greatest responsibility.

My Lady, In reliance of the above the petitioners respectfully submit that the Office of the Prosecutor undertakes their responsibility in accordance with Article 15 of the Rome statute, to investigate fully, Madam Josephine Jackson, an operative of the Sierra Leone Peoples Party also aspiring as Member of Parliament, to represent the people of constituency 110 in the Western Area Rural District of The Republic of Sierra Leone. On or about the 27th day of July 2019, at Goderich Western Area Rural of The Republic of Sierra Leone,  Josephine Jackson and persons unknown unlawfully apprehended a juvenile known as Ibrahim Konteh. The incident precipitated a grotesque violation of human rights, namely but not limited to torture, false imprisonment and dehumanizing treatment directed to the victim.

The alleged crime was never investigated by the police or a competent law enforcement authority. The vast majority of the public expressed their dismay at the glaring travesty of justice when the victim was further charged with several crimes and consequently remanded in custody at the Pademba Road maximum security prisons without bail and absolute disregard to his dire need of medical attention. He was later released on bail after 27 days following a rigorous nationwide campaign led by human right activists and some members of the local and international media.

My Lady, the petitioners are fully aware that the prerequisite for the justiciability of such referrals is subject to initial assessment process known as “Preliminary Examination” to determine whether the alleged crimes satisfy fundamental jurisdictional requirements of the Rome statute. It provides that even when the temporal, territorial, subject matter and personal jurisdictional requirements are satisfied, the alleged crime must be the gravest of atrocity. We are equally mindful that your august office determines gravity by looking at the scale, nature, manner, and impact of the alleged crimes. The parties to this petition have relevant, cogent and admissible evidence to substantiate their numerous allegations. To further assist the court, we hereby attached a video file depicting the commissioning of the said crimes and respectfully invite the court to determine the degree of gravity as per statutory requirements. https://www.youtube.com/watch?v=rWbl0iMKjhA&t=12s

Finally, we respectfully submit that state operatives and persons believe to be accessories before and after the facts are duly investigated and culpable individuals are held to account, punished in accordance with international law and possible reparations for the victim for the harm suffered. The petitioners and some key state functionaries have consented to assist the ICC or its organ by granting access to documents and other evidence and to help locate witnesses and victim. We hope to generate over 80,000 signatures representing over 1% of the population of Sierra Leone and hope that the information provided does constitute a reasonable basis to warrant an investigation of the alleged inhumane conduct of Madam Josephine Jackson.

Yours Sincerely,

Concern Salone

To all potential signatories;

You do not have to be a citizen of the Republic Sierra Leone to request that the OTP investigate crimes against humanity committed by Josephine Jackson. Under the rules of the ICC, any individual, group or organization has the right to request to the OTP that they investigate an alleged crime. 

In conclusion, when you sign this petition, the following email will automatically be sent to the OTP;