Human rights organizations and Haitian civil society groups called in late 2021 for the International Criminal Court to consider opening a preliminary examination into crimes committed in Haiti, arguing that the systematic nature of gang violence — including mass killings, sexual violence, and forced displacement — potentially met the threshold for crimes against humanity under the court’s jurisdiction.
The call reflected deep frustration with the complete absence of accountability for gang violence in Haiti’s domestic legal system. With courts undermined by insecurity and corruption, prosecutors threatened or bribed into inaction, and the political-criminal nexus that enabled gang activity making domestic prosecution essentially impossible, advocates argued that international justice mechanisms were the only remaining avenue for accountability.
The ICC’s jurisdiction required either Haitian state referral or a UN Security Council referral, as Haiti had not ratified the Rome Statute. Advocates called on UN Security Council members to consider a referral, arguing that the situation in Haiti met the criteria for the council’s intervention in the interest of international peace and security.
The proposal faced significant political obstacles. Security Council members with reservations about ICC jurisdiction and those with interests in maintaining relationships with the Haitian government were unlikely to support a referral. But the advocacy for international accountability reflected a broader recognition that domestic justice mechanisms had failed completely and that new approaches were urgently needed.