Mar
31

Pre Trial Chamber Opens Kenya Investigation

Pre-Trial Chamber II of the International Criminal Court has granted the request of the prosecutor to open an investigation into the post-election violence in Kenya.   A majority of the panel voted to grant the request, Judge Han-Peter Kaul, dissented, arguing that the crimes alleged in the 1,500 pages of documentation submitted by the office of the prosecutor do not constitute crimes against humanity.   Essentially Judge Kaul determined the post-election violence was not directed by a government or other organization and so did not rise to the level of war crimes as defined by the Statute of Rome, the defining treaty of the court.

The court’s 163 page decision is available here.  The court’s press release is available here. The 111 nations that have ratified the Treaty of Rome are subject to the court’s jurisdiction when there are crimes against humanity or war crimes that national authorities cannot or will not prosecute.  Kenya has agreed to cooperate with the investigation and prosecution of the widespread violence following its election in 2007.

This investigation will allow the victims of crimes against humanity from Kenya during the post-election period to make application to the court and seek reparations from the court and the fund set up by the 111 nations who are signatories to the treaty.

Mar
10

ICC Prosecutor Delivers List of 20 Names to the Court in Kenya Investigation

The Office of the Prosecutor of the International Criminal Court has  delivered a list of 20 names of senior government officials and business leaders who are alleged to have been involved in directing the post-election violence in Kenya.  “These senior leaders from both PNU and ODM parties were guided by political objectives to retain or gain power”, said the Prosecutor. “They utilized their personal, government, business and tribal networks to commit the crimes. They implemented their policy with the involvement of a number of State officers and public and private institutions, such as members of the parliament, senior government officers, the police force and youth gangs.”

The pre-trial chamber is directing the investigation and had requested clarification from the Office of the Prosecutor. The names have not been made public.  “At this stage, the names are indicative only” said the Prosecutor. “The allegations concerning the named individuals will have to be measured against the evidence gathered independently by my office. If the Judges authorize the investigation, I will engage those who wish to clarify their role or provide further information.”

The International Crime Bureau has covered this story here. The court’s press release on the matter is available here. The prosecutor has made an expedited request to open an investigation, the pre-trial chamber will determine if there is sufficient evidence to do so and whether or not to issue indictments.

Mar
04

ICC Prosecutor Tells Court Kenya Violence Directed by Officials

The Office of the Prosecutor of the International Criminal Court has told the pre-trial chamber that the post-election violence in Kenya is traceable to specific officials.  The prosecutor reported the violence was directed by specific “senior political and business leaders.”

Kenya may be the fifth situation for the ICC, the investigation is limited to the post election violence.  The ICC has jurisdiction over cases in countries which are signatories to the Rome Statute, the treaty which created the court, or where the case has been referred by the U.N. Security council.  The security council referred the situation in Sudan.  The situations in Uganda, Democratic Republic of Congo,  and Central African Republic were referred by the respective governments.  The government of Kenya has consented to this investigation.  The ICC has jurisdiction only when the cases cannot or will not be prosecuted by the national government.

The ICC’s press release is available here. The ICC has jurisdiction over war crimes, crimes against humanity, and genocide.

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