Families of Tunisian political detainees turn to ICC as ‘hope for justice fades'

Relatives of jailed members of the opposition filed a legal case against the Tunisian government on Thursday in The Hague, asking the International Criminal Court (ICC) to investigate recent arrests of politicians in the North African country.

Their complaint falls under Article 15 of the Rome Statute – the treaty under which the ICC is established – through which the party making the submission must provide the court’s prosecutor with the necessary documents that lay out the foundation of their claims.

In turn, the claims must prove their connection to one of the four crimes the court has jurisdiction over.

These crimes include genocide, crimes against humanity, war crimes or crimes of aggression.

However, in recent years the recourse to Article 15 tool has had limited impact for parties filing similar requests.

Tunisia became the first country in North Africa to ratify the Rome Statute on June 24, 2011, hence becoming a member of the International Criminal Court and consequently having the obligation to comply with its rules.

Yusra Ghannouchi, daughter of Ennahda opposition leader and former house speaker, Kawther Ferjeni, daughter of Said Ferjeni of Ennahda, Jazaa Cherif, son of opposition politician Chaima Issa and Elyes Chaouachi, son of lawyer Ghazi Chaouchi, were among the family members present.

“There is no hope in attaining justice anymore and we cannot expect any form of cooperation to take place as the regime continues its crackdown,” Ms Ghannouchi said at a press conference in The Hague on Thursday.

The decision to head to the ICC became evident for the detained politicians' families after eight months passed with their loved ones in detention. Yet they claim no official sentencing was announced, and little investigation has been made.

Despite her recent release, member of the National Salvation Front Chaima Issa remains under travel ban, house arrest and is deprived of moving freely in the country, her son Jazaa Cherif said in The Hague on Thursday.

“My mother is not free, she has been placed under house arrest and she cannot even go to the doctor without a permission from the judge,” Mr Cherif said.

“Her rights as citizen were stripped from her and neither does she, or us as her family feel safe anymore,” he added.

The ICC request comes days after several of the political detainees announced the beginning of a hunger strike over their eight-month long pretrial detention.

Striking politicians include Jawhar Ben Mbarek, Issam Chebbi, Abdelhamid Jelassi, Ridha Belhaj and Rached Ghannouchi who staged a three-day hunger strike over the weekend in support of their fellow detainees.

It also comes only two days following the arrest of Abir Moussi, leader of the Free Destourian Party – a party with links to former ousted president Ben Ali – and an opponent of president Kais Saied.

In February, an investigative judge issued multiple arrest warrants against members of the Tunisian opposition accusing them of assisting in the forming an alliance “with the aim of conspiring against the internal and external security of the state”.

Meanwhile, Tunisian president Kais Saied accused detainees – without providing any evidence – of being terrorists and said in several addresses that judicial action must be taken against “those who tarnish the reputation of symbols of the state”, framing all criticism as a form of attack on national security.

As Mr Saied continues to rule the country by decree since his power grab in 2021, he has a de facto control over all branches of power including the judiciary.