Feeds:
Posts
Comments

Dec 15 2010 Available at http://www.icc-cpi.int/NR/exeres/BA2041D8-3F30-4531-8850-431B5B2F4416.htm

Kenya’s post election violence: ICC Prosecutor presents cases against six individuals for crimes against humanity

ICC-OTP-20101215-PR615

ICC Prosecutor Luis Moreno-Ocampo today requested the International Criminal Court to issue summonses to appear against six Kenyan citizens to face justice for massive crimes committed during the post-election violence (PEV) in Kenya.

The Prosecutor has concluded there are reasonable grounds to believe crimes against humanity were committed, in the first Prosecution case, by:

1. William Samoei Ruto – currently: Minister of Higher Education, Science and Technology (suspended), MP for Eldoret North and during the PEV, MP for Eldoret North. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters;

2. Henry Kiprono Kosgey – currently: Minister of Industrialization, MP for Tinderet Constituency, ODM Chairman and during the PEV: MP for Tinderet. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters; and

3. Joshua Arap Sang – currently Head of Operations, KASS FM and during the PEV: Radio broadcaster. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters.

And in the second Prosecution case, by:

4. Francis Kirimi Muthaura – during the PEV and to date: Head of the Public Service and Secretary to the Cabinet and Chairman of the National Security Advisory Committee. The Prosecution considers that he authorized the Police to use excessive force against ODM supporters and to facilitate attacks against ODM supporters.

5. Uhuru Muigai Kenyatta – currently: Deputy Prime Minister and Minister of Finance. The Prosecution considers that during the PEV he helped to mobilize the Mungiki criminal organization to attack ODM supporters; and

6. Mohamed Hussein Ali – currently: Chief Executive of the Postal Corporation of Kenya and during the PEV he was Commissioner of the Kenya Police. The Prosecution considers that during the PEV he authorized the use of excessive force against ODM supporters and facilitated attacks against ODM supporters.

“The post election period of 2007-2008 was one of the most violent periods of the nation’s history,” said the Prosecutor.

The post election attacks left more than 1, 100 people dead, 3,500 injured and up to 600, 000 forcibly displaced. During 60 days of violence, there were hundreds of rapes, possibly more, and over 100, 000 properties were destroyed in six of Kenya’s eight provinces.

“These were not just crimes against innocent Kenyans”, said Prosecutor Moreno-Ocampo. “They were crimes against humanity as a whole. By breaking the cycle of impunity for massive crimes, victims and their families can have justice. And Kenyans can pave the way to peaceful elections in 2012.”

The judges of Pre-Trial Chamber II will now review the evidence. If they determine that there are reasonable grounds to believe that the six persons named committed the alleged crimes, they will decide on the most appropriate way to ensure their appearance in Court. The Prosecution has requested Summonses to Appear.

15.12.2010 – Prosecutor’s Application Pursuant to Article 58 as to William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang

15.12.2010 – Prosecutor’s Application Pursuant to Article 58 as to Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali


FOR MORE INFORMATION:

OTP Public Information Officers

Nicola Fletcher
nicola.fletcher@icc-cpi.int
+ 31(0)70 515 8071
+31 (0) 6 50890473 (mobile)

Florence Olara
Florence.olara@icc-cpi.int
+31(0)70 515 8723
+31(0)650294476(mobile)

OTPNewsDesk@icc-cpi.int


Annex

Summary of the Application

1. As early as December 2006, WILLIAM SAMOEI RUTO (“RUTO”) and HENRY KIPRONO KOSGEY (“KOSGEY”), prominent leaders of the Orange Democratic Movement (“ODM”) political party, began preparing a criminal plan to attack those identified as supporters of the Party of National Unity (“PNU”).[1]JOSHUA ARAP SANG (“SANG”), a prominent ODM supporter, was a crucial part of the plan, using his radio program to collect supporters and provide signals to members of the plan on when and where to attack. RUTO, KOSGEY and SANG coordinated a series of actors and institutions to establish a network, using it to implement an organizational policy to commit crimes. Their two goals were: (1) gain power in the Rift Valley Province, (“Rift Valley”) and in Kenya Central Government, (2) punish and expel from the Rift Valley those perceived to support PNU (collectively referred to as “PNU supporters”).

2. Kenyans voted in the presidential election on 27 December 2007. On 30 December 2007, the Electoral Commission of Kenya declared that Mwai Kibaki, presidential candidate for the PNU had won the election. The announcement triggered one of the most violent periods in Kenya’s history. The Prosecution will present some of the incidents, identifying those who are most responsible.

3. Thousands of members of the network (“perpetrators”) cultivated by RUTO, KOSGEY and SANG began to execute their plan by attacking PNU supporters immediately after the announcement of the presidential election results on 30 December 2007. On 30-31 December 2007, they began attacks in target locations including Turbo town, the greater Eldoret area (Huruma, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town. They approached each location from all directions, burning down PNU supporters’ homes and businesses, killing civilians, and systematically driving them from their homes. On 1 January 2008, the church located on the Kiambaa farm cooperative was attacked and burned with more than hundred people inside. At least 17 people died. The brunt of the attacks continued into the first week of January 2008.

4. All identified attacks occurred in a uniform fashion. Perpetrators gathered at designated meeting points outside of locations selected for attack. There, they met Coordinators, who organized the perpetrators into groups with assigned tasks. Perpetrators then attacked target locations. Some perpetrators approached on foot, while others were driven or in trucks, previously arranged. SANG helped coordinate the attacks using coded language disseminated through radio broadcasts.

5. In response to RUTO, KOSGEY and SANG’s planned attacks on PNU supporters, as well as to deal with protests organized by the ODM, prominent PNU members and/or Government of Kenya officials Francis Kirimi MUTHAURA (“MUTHAURA”), Uhuru Muigai KENYATTA (“KENYATTA”), and Mohammed Hussein ALI (“ALI”) developed and executed a plan to attack perceived ODM supporters in order to keep the PNU in power.

6. First, under the authority of the National Security Advisory Committee, of which MUTHAURA and ALI were Chairman and a member, respectively, the Kenya Police in joint operations with the Administration Police (“Kenyan Police Forces”) were deployed into ODM strongholds where they used excessive force against civilian protesters in Kisumu (Kisumu District, Nyanza Province) and in Kibera (Kibera Division, Nairobi Province). As a consequence, between the end of December 2007 and the middle of January 2008, the Kenyan Police Forces indiscriminately shot at and killed more than a hundred ODM supporters in Kisumu and Kibera.

7. Second, MUTHAURA, KENYATTA and ALI also developed a different tactic to retaliate against the attacks on PNU supporters. On or about 3 January 2008, KENYATTA, as the focal point between the PNU and the criminal organization the Mungiki, facilitated a meeting with MUTHAURA, a senior Government of Kenya official, and Mungiki leaders to organize retaliatory attacks against civilian supporters of the ODM. Thereafter, MUTHAURA, in his capacity as Chairman of the National Security Advisory Committee (“NSAC”), telephoned ALI, his subordinate as head of the Kenya Police, and instructed ALI not to interfere with the movement of pro-PNU youth, including the Mungiki. KENYATTA additionally instructed the Mungiki leaders to attend a second meeting on the same day to finalize logistical and financial arrangements for the retaliatory attacks.

8. As a consequence, the Mungiki and pro-PNU youth attacked ODM civilian supporters in Nakuru (Nakuru District, Rift Valley Province) and Naivasha (Naivasha District, Rift Valley Province) during the last week of January 2008. During these attacks, the attackers identified ODM supporters by going from door to door and by setting up road blocks for intercepting vehicles, killing over 150 ODM supporters.

9. The violence resulted in more than 1,100 people dead, 3,500 injured, approximately 600,000 victims of forcible displacement, at least hundreds of victims of rape and sexual violence and more than 100,000 properties destroyed in six out of eight of Kenya’s provinces. Many women and girls perceived as supporting the ODM were raped.


[1] This is a coalition of parties including the Kenya African National Union (KANU), Ford-Kenya, Ford-People, Democratic Party and the National Alliance Party of Kenya.

Source: Office of the Prosecutor

Advertisements

Tim Witcher (AFP) – Dec 12 2010

UNITED NATIONS — The International Criminal Court faces a new battle of wills this week with Sudan’s President Omar al-Bashir even as its top prosecutor says the wanted leader is increasingly encircled.

Bashir, who faces ICC warrants for genocide, war crimes and crimes against humanity in Darfur, has been invited to a summit in Zambia on Wednesday and to attend a festival in Senegal later this month.

ICC statutes dictate that any member country should arrest him if he visits. Bashir is defiant, however, the African Union supports him, and this year he has been to Kenya and Chad, both signatory countries which refused to detain him.

“President Bashir will continue to travel, nobody will be able to restrict him,” Sudan’s UN ambassador Daffa-Alla Elhag Ali Osman said.

Following ICC complaints and some international pressure, some diplomatic doors have closed, however.

An October summit of an East African group had to be moved from Kenya to Ethiopia, a non signatory, so that Bashir could go. Sudan boycotted an AU-European Union summit in November because of European threats to walk out and a visit to Central African Republic this month never went ahead.

South Africa and Uganda said they would arrest him if he went there.

“He is not under house arrest, he is under country arrest,” ICC chief prosecutor Luis Moreno-Ocampo said as court signatory countries met at the United Nations.

Read Full Story

See Also Bashir’s canceled trip to Zambia, New York Times Dec 15 2010

New York Times  NEIL MacFARQUHAR Dec 9 2010

Hundreds of civilians have been killed and thousands displaced in Darfur in the past six months as violence has continued there, Luis Moreno-Ocampo, the prosecutor of the International Criminal Court, told the United Nations Security Council on Thursday. The government of Sudan was neither cooperating with the court in pursuing the perpetrators nor taking action on its own, he said. President Omar Hassan al-Bashir had ordered the attacks against civilians, the prosecutor said. The court has charged Mr. Bashir with crimes against humanity and genocide, but he has not been arrested. Sudan’s United Nations ambassador, Daffa-Alla Elhag Ali Osman, accused the prosecutor of recycling unconfirmed allegations.

Read Full Story

VOA News

Reuters

 

The Sofia Echo, Dec 7 2010

The co-operation of states is vital in bringing to justice those responsible for war crimes in the former Yugoslavia and Rwanda and in facilitating the successful completion of the United Nations tribunals mandated with this task, the UN Security Council was told on December 6 2010, the UN News Service said.

Serge Brammertz, Prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY), said that Serbia’s failure to capture the two remaining fugitives, Ratko Mladic and Goran Hadžic, is a major concern.

“Serbia must bridge the gap between its stated commitment to the arrests and the effectiveness of its operations on the ground,” he told the Council, as it met to consider the work of the ICTY and the International Criminal Tribunal for Rwanda (ICTR).

“Time is passing and we are not seeing results,” he said. “Serbia needs to adopt a more pro-active approach to arresting fugitives.”

Since its inception 17 years ago, the Tribunal, which is based in The Hague, has indicted 161 persons for war crimes committed on the territory of the former Yugoslavia. The proceedings against 125 individuals have been completed. Only two indictees remain at large – Mladic and Hadžic.

The failure to arrest Mladic and Hadžic would leave the victims without redress, as well as impede reconciliation in the region and damage the credibility of the international legal system as a whole, Brammertz said.

Read Full Story

Nov 11 2010 The Standard Ben Agina
Victims of the 2007/08 post-election violence will participate in proceedings at the International Criminal Court (ICC), Judges assigned the Kenyan situation have ruled.
Presiding Judge Ekaterina Trendafilova, Justice Hans Paul Kaul and Justice Cuno Trafusser ruled on Wednesday at The Hague that victims of the violence can now appear before them.
However, a distinction will first have to be made between those applying for participation in the proceedings and those applying solely for the purposes of reparation.
The judges noted that unless the victims explicitly indicate their wish to participate in the proceedings, the Victims Participation and Reparation Section (VPRS) was ordered to treat those applicants presented merely for the purposes of reparation.
"The VPRS will have to assess whether all applications related to participation in the proceedings are complete," said the judges.
The VPRS assessments must be carried out within 60 days from the date of receipt of the said applications.
The judges noted that victims must meet certain requirements before their applications are accepted.
Read Full Story

Read Full Report at: http://www.issafrica.org/pgcontent.php?UID=30455

Intro to Report:

This African expert study on the African Union’s (AU) concerns about article 16 of the Rome Statute of the International Criminal Court (ICC) seeks to articulate a clearer picture of the law and politics of article 16 deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC) to invoke article 16 to suspend the processes initiated by the ICC against President Omar al-Bashir of Sudan. The lack of a formal reply by the UNSC to the AU request has resulted in AU member states deciding to withhold cooperation from the ICC in respect of the arrest and surrender of Bashir. In light of the AU’s continued concerns, questions have arisen about the UNSC’s exercise of the controversial deferral power contained in article 16. This culminated in the AU proposing that article 16 be amended to empower the UN General Assembly to act should the UNSC fail to decide on a deferral request after six months.

Although states parties to the Rome Statute have shown little support for the AU’s proposed amendment to article 16, the merits of the AU proposal must be considered. A failure to engage with African government concerns about the deferral provision could further damage the ICC’s credibility in Africa. Constructive suggestions about the ‘article 16 problem’ must be developed in order to contribute towards resolving the negative stance that some African countries have taken towards the ICC. The challenge is to devise both legally sound and politically palatable options. For many Africans, the ICC’s involvement in Sudan has come to reflect the skewed nature of power distribution within the UNSC and global politics. The result is that the uneven political landscape of the post-World War II collective security regime has become a central problem of the ICC.

It is also important to pay attention to the AU’s concerns and its request for an article 16 deferral of the Bashir indictment because the matters underlying the tension – how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the UNSC in ICC business – are likely to arise in the future with respect to other situations. Solutions must be found to problems that may arise in working out the relationship between the UNSC and the ICC. The study therefore makes practical suggestions about how to resolve the concerns raised within certain African government circles and other developing nations about the relationship between the UNSC and the ICC, and the relationship between the ICC and peacemaking initiatives of governments and regional organisations.

 

 

Sudan Tribune

eptember 16, 2010 (KHARTOUM) – A meeting of the Arab league foreign ministers today endorsed a resolution reaffirming its position in rejecting the arrest warrant issued by the International Criminal Court (ICC) against the Sudanese president Omer Hassan Al-Bashir for war crimes and genocide allegedly committed in Darfur.

An Arab Ministerial Committee on the affairs of the Sudan expressed solidarity with Sudan and face of the ICC’s decisions and called annulling the warrants noting that Sudan is not a member of this Court.

The committee which is comprised of Egypt, Algeria, Saudi Arabia, Sudan, Libya, Qatar, Sudan, UAE, Oman and Syria slammed “attempts to politicize the principles of international justice and used in the erosion of State sovereignty , unity and stability”.

The ICC’s first-ever warrant against a sitting head of state was issued for Bashir in March 2009 on charges of war crimes and crimes against humanity. The second was issued in July 2010 on charges of genocide.

The United Nations says up to 300,000 people have died since conflict broke out in Darfur in 2003, when ethnic minority rebels took up arms against the Bashir’s Arab-dominated regime for a greater share of resources and power.

Read Full Story