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24 Jan 2011

Dear all, Please find below information about recent developments related to the International Criminal Court's investigation in Kenya following the 15 December 2010 announcement by the ICC Prosecutor that he had requested Judges of Pre-Trial Chamber II to issue summonses to appear for six Kenyan nationals for crimes against humanity allegedly committed during the 2007 post-election violence in Kenya. This message includes latest Coalition members' media statements (I), as well as related news, opinions and audiovisual reports (II). Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC. With regards, CICC Secretariat www.coalitionfortheicc.org ************************************* I. COALITION MEMBERS' STATEMENTS 1. "ICC Proves Immune to Political Interference", International Center for Policy and Conflict (ICPC), 18 January 2011, http://www.icpcafrica.org/site/index.php?option=com_content&view=article&id=286:icc-proves-immune-to-political-interference-&catid=42:featured&Itemid=107 "The decision rendered on 18th January 2011 by PTC II in the Kenyan Situation is of utmost importance...one of the 6 named suspects had moved to the ICC seeking to stop the PTC from issuing summons before the said Applicant was allowed to address the Chamber. In summary, the Application was rejected for reasons that the procedure of the Court does not allow intervention of suspects at the stage of seeking summons.... The ICC follows due process and once summoned the named 6 suspects will have a chance to challenge the evidence and witnesses presented by the Prosecution.... Once again we as part of the civil society reiterate our commitment to keeping vigil to ensure that we support the ICC process and we believe that through it we shall witness an end to deep rooted impunity in this country...." READ RELATED ICC DECISION: 2. "Decision on Application for Leave to Submit Amicus Curiae Observations," Pre-Trial Chamber II, International Criminal Court, 18 January 2011, http://www.icc-cpi.int/iccdocs/doc/doc999959.pdf 3. "Kenya must uphold the rule of law by continuing to engage with the ICC", FIDH, 21 January 2011, http://www.fidh.org/Kenya-must-uphold-the-rule-of-law-by-continuing "The International Federation for Human Rights (FIDH) and its member organization in Kenya, the Kenya Human Rights Commission (KHRC) call upon the Kenyan government not to withdraw from the Statute of the International Criminal Court (ICC) or to seek deferral of the Kenyan situation.... 'Withdrawing from the Rome Statute would constitute a step backwards for Kenya and it would send a message to the world about Kenya's disregard for human rights and the fight against impunity for international crimes'... If Kenya withdraws from the ICC Statute, it would be the first of 114 States Parties to undertake such an action. Kenya's reputation would be seriously compromised.... Kenya is also reported as attempting to garner African support for an AU resolution on deferring the Kenyan situation, pending conclusion of judicial reforms. FIDH, the KHRC and the broader Kenyan human rights community strongly urge the AU not to consider such a resolution. Kenya has clearly not met the complementarity test...." 4. "International Criminal Court Debate Post-Parliament Withdrawal Motion from Rome Statute", ICPC, 17 January 2011, http://www.icpcafrica.org/site/index.php?option=com_content&view=article&id=284:international-criminal-court-debate-post-parliament-withdrawal-motion-from-rome-statute&catid=42:featured&Itemid=107 "International Center for Policy and Conflict attention has been drawn to concerted efforts by the Executive and Parliament to defeat International Criminal Court (ICC) course of justice.... Further, claims that a Member of Parliament is drafting a Bill to bring into effect the motion passed in Parliament late last year to withdraw Kenya from Rome Statute is imprudent and foolhardy. It will have zero effect to the ongoing International Criminal Court process. We urge International community to come out strongly united and support and express solidarity with victims of post-election violence and people of Kenya, who have overwhelmingly accepted International Criminal Court contrary to Members of Parliament and a clique of state officials' dubious and self-serving assertions. International community should immediately cut links with the suspects including conducting any official business...." 5. "Pulling out of ICC and Funding the 6: An Insult to Kenyans and PEV", ICPC, 12 January 2011, http://www.icpcafrica.org/site/index.php?option=com_content&view=article&id=283:pulling-out-of-icc-and-funding-the-6-an-insult-to-kenyans-and-pev&catid=42:featured&Itemid=107 "International Center for Policy and Conflict (ICPC) together with Haki Focus read with outrage and consternation the reports appearing in today's press that the cabinet of the Government of Kenya will today meet inter alia, to discuss pulling Kenya out of ICC as well as fund the 6 suspects whose summons are requested against by the prosecutor of the International Criminal Court (ICC). It's obscene for President Mwai Kibaki and Prime Minister Raila Odinga to lead this charade. There cannot be greater insult and abuse to us Kenyans, even more so to Post Election Violence victims. Public resources cannot be used to defend suspected abusers of the selfsame public. IDPs and other victims remain uncompensated. Secondly, the cabinet knows that ICC has a defence fund to support any impecunious suspects. We see this as another scheme by the Kenyan Government to steal this money once approved because it is a private expenditure outside of public vote. We the people must resist this diabolical exhibition of impunity." II. RELATED NEWS AND OPINIONS A. COALITION MEMBERS QUOTED 1. "Civil society on a diplomatic offensive to stop attempts to scuttle ICC process", Daily Nation, 15 January 2011, http://www.nation.co.ke/News/politics/-/1064/1090346/-/7aqx0w/-/ "Three years ago today, Members of Parliament were making champagne toasts just hours after they took their oaths of office to start work in the Tenth Parliament. Today (Sunday), as then, they are enjoying the privileges of high office while thousands of citizens - who previously owned homes and earned livelihoods on their own - remain bereft of hope, stripped of dignity and desperate for a meaningful future. The state of affairs three years down the line and the quest to pull Kenya out of the ICC have energised civil society campaigners who are planning to roll out a programme of activities aimed at countering an effort by some within government to scuttle trials of post-election violence suspects. They hope to collect one million signatures to demonstrate that the majority of Kenyans oppose all efforts to scuttle attempt to bring the financiers of the violence to book. They are also planning to go on a diplomatic offensive to convince Kenya's diplomatic partners to reject a government plan revealed in the past week that seeks to halt cooperation between African states and the International Criminal Court. Dispatch teams Working under the umbrella of the Kenyans for Peace, Truth and Justice group, the civil society campaigners will dispatch different teams to the United Nations in New York to press the case for sustained pressure on the Kenyan government to pursue justice for the victims. Another team will head to Addis Ababa, seat of the African Union headquarters, and another will go to The Hague, according to a programme made available to the Sunday Nation. This newspaper has learned of the contents of a letter written by International Commission of Jurists Kenya chapter executive director George Kegoro to President Kibaki and Prime Minister Raila Odinga urging them to sack officials linked to the violence who are still in office. "(A) guilty verdict should not be the yardstick with which to measure whether they should resign or not, more so considering this has not been the yardstick for previous instances where the integrity of the government officials has been questioned, and especially where a court case is under way," the letter reads in part, according to Office of the President sources privy to the details. "Your Excellency, the Constitution is very clear on the principles that underlie leadership and integrity and it is incumbent upon your office to uphold those principles. As a custodian of the Constitution for the people of Kenya, it is expected that you will apply the values and principles enshrined in the law equally and not selectively. All situations of a similar nature should be treated the same. The enactment of a new constitutional order was welcomed by Kenyans as a chance to do away with the vices that had in the past bedevilled governance such as cronyism and favouritism; these your excellency are vices that should not be seen to be permeating into the new constitutional dispensation." ICC suspects Three of those named by the ICC as suspects are currently serving in government: Finance minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and Postal Corporation of Kenya chief executive Hussein Ali. Others on the prosecutor's list are suspended ministers Henry Kosgey and William Ruto and journalist Joshua arap Sang. And as the government engages in diplomatic efforts to halt the ICC process, there are mounting protests by internally displaced persons (IDPs) many of whom remain in camps three years after the crisis. ..." 2. "Kenya can bring justice home; ICC's part of the answer", by David Tolbert, International Center for Transitional Justice, 17 January 2011, http://ictj.org/en/news/coverage/article/4363.html "After Kenyan MPs voted overwhelmingly last month to withdraw from the Rome Statute, the government must now decide whether to act for, or against, accountability.... Kenya's withdrawal from the Rome Statute would not affect the ICC's capacity to continue acting in relation to the announced investigations. The withdrawal would demonstrate bad faith and an intention to shield certain persons from prosecution. It would not strengthen Kenya or Kenyans, but would further entrench impunity and victims' suffering.... Some Kenyan politicians are claiming that this is another indication of a neo-colonial outlook in international justice that victimizes Africa. This is dishonest posturing. The Rome Statute that Kenya voluntarily adopted makes clear that The Hague court is a court of last resort. The ICC will only act if Kenya is unwilling or unable to bring genuine cases before its own courts. The parliament that rejected the ICC is the same parliament that rejected the possibility of setting up a special tribunal to deal with the post-election violence. Since Kenya's parliament has rejected both domestic and international justice measures, Kenyans are entitled to conclude that most members of parliament are opposed to real accountability.... Kenya squandered its opportunity to address these crimes nationally, but still has the option to work toward accountability under the system of international criminal law that it helped to establish, along with the other states that signed the Rome Statute. Impunity, however, is not an ethical or legal answer...." 3. "Crimes against humanity occurred; Kenya must stay the course of justice," By WANGARI MAATHAI, Daily Nation, 16 January 2011, http://www.nation.co.ke/oped/Opinion/Crimes against humanity occurred/-/440808/1090690/-/ibflpmz/-/index.html "... In December, Chief Prosecutor of the ICC Luis Moreno-Ocampo announced six suspects in two cases stemming from investigations of crimes against humanity committed during the post-election violence. The judges of the Pre-Trial Chamber II of the ICC will now review the evidence and decide the way forward. Those named have nothing to fear: they are innocent until proved guilty. What is needed is to send a clear message that nobody is above the law, and that the era of impunity has come to an end. Those who commit crimes will one day be called to account. Unless the law protects all of us, the rich and powerful will continue to buy justice and continue to tread on the weak and vulnerable. The rule of law is essential for society and should be respected by all irrespective of their social, political and economic position. Kenya has a deep-rooted culture of impunity, dating back to the colonial period. It was perpetrated during the struggle for independence and it has continued, especially in the area of tribal clashes of the 1990s and the continuing extra-judicial killings. The post-election violence in 2007/2008 was the latest expression of that culture of impunity. In the course of all that period, nobody was called to account for the crimes committed against Kenyans. The ICC was necessitated by the need to protect citizens of countries where leaders governed with impunity. Without an ICC, citizens had no recourse and cruel leaders shielded themselves through claims of sovereignty and independence. Therefore, nothing is new in the posturing we now see from the Kenyan leadership in their effort to avoid being held to account by the ICC. Those opposing the ICC are either protecting their own skins, their relations, ethnic interests, political friends and colleagues. To them, it is inconsequential that there are victims of crimes committed by people who are still at large. Kenyans who believe in justice and fairness must stand up and reject any attempt to perpetuate the culture of impunity that frustrates the pursuit of justice. Let justice be our shield and defender...." [Prof Maathai is the 2004 Nobel Peace laureate, founder of the Green Belt Movement and founding board member of the Nobel Women's Initiative] B. OTHER NEWS AND OPINIONS 1. "Top Hague official jets in Monday," By BERNARD NAMUNANE and OLIVER MATHENGE, Daily Nation, 23 January 2011, http://www.nation.co.ke/News/politics/Top Hague official jets in Monday/-/1064/1094720/-/bwoans/-/index.html 2. "KENYA: For and against the ICC", IRIN, 20 January 2011, http://www.irinnews.org/Report.aspx?ReportId=91674 3. "Groups demand referendum on ICC pullout", by Beauttah Omanga and Vincent Bartoo, The Standard, 19 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000027116&cid=4 4. "Civil society to challenge ICC deferral", Capital FM, 18 January 2011, http://www.capitalfm.co.ke/news/Kenyanews/Civil-society-to-challenge-ICC-deferral-11281.html 5. "Why the Ocampo Six must vacate office", by Makau Mutua, Daily Nation, 8 January 2011, http://www.nation.co.ke/oped/Opinion/Why the Ocampo Six must vacate office /-/440808/1085978/-/hoy36mz/-/ 6. "Kenya Seeks Malawi Support Over International Criminal Court Indictment", Net News Publisher, 19 January 2011, http://www.netnewspublisher.com/kenya-seeks-malawi-support-over-international-criminal-court-indictment/ 7. "Kenya lobbying African nations to support delaying ICC cases after postelection violence", by Tom Maliti, CP, 19 January 2011, http://www.google.com/hostednews/canadianpress/article/ALeqM5h2u0qp2VVk6At2w47Q9X5op9JwnQ?docId=5694801 8. "ICC, let Kenyans shape their destiny", by Andrew M. Mwenda, The Independent, 19 January 2011, http://www.independent.co.ug/2011/index.php?option=com_content&view=article&id=3820:icc-let-kenyans-shape-their-destiny&catid=3:the-last-word&Itemid=205 9. "Uganda backs Kenya on ICC trial", by Raymond Baguma, New Vision, 18 January 2011, http://www.newvision.co.ug/D/8/13/744079 10. "Judge puts off ICC process again", by Bernard Momanyi, Capital FM, 18 January 2011, http://www.capitalfm.co.ke/news/Kenyanews/Judge-puts-off-ICC-process-again-11285.html 11. "Kalonzo seeks Malawi support against ICC", by Michael Mumo, Capital FM, 18 January 2011, http://www.capitalfm.co.ke/news/Kenyanews/Kalonzo-seeks-Malawi-support-against-ICC-11274.html 12. "Ocampo invites three to The Hague as anger over legal fees mounts", by Emeka-mayaka Gekara, Daily Nation, 18 January 2011, http://www.nation.co.ke/News/politics/Ocampo invites three to The Hague /-/1064/1092016/-/joa4f8z/-/ 13. "State plan to shield ICC suspects faulted", by Sarah Wambui, Capital FM, 17 January 2011, http://www.capitalfm.co.ke/news/Kenyanews/State-plan-to-shield-ICC-suspects-faulted-11264.html 14. "Security chiefs 'not party' to ICC statements suit", by Judy Ogutu, The Standard, 17 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026966&cid=159&story=Security chiefs ‘not party’ to ICC statements suit 15. "ODM disowns plans to defer ICC trials", by Anthony Kagiri, Capital FM, 17 January 2011, http://www.capitalfm.co.ke/news/Kenyanews/ODM-disowns-plans-to-defer-ICC-trials-11266.html 16. "ODM disowns deal to pay for 'Ocampo Six'", by David Ochami, The Standard, 17 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026978&cid=4&ttl=ODM disowns deal to pay for 'Ocampo Six' 17. "Grand Coalition split as ODM fights back", by Caroline Wafula, Daily Nation, 17 January 2011, http://www.nation.co.ke/News/-/1056/1091196/-/11fgltwz/-/ 18. "MPs lobby discounts anti-ICC bills", by Oliver Mathenge, Daily Nation, 17 January 2011, http://www.nation.co.ke/News/politics/MPs lobby discounts anti ICC moves/-/1064/1091066/-/kptcsgz/-/ 19. "We are not party to anti-ICC suit, says lawyers", by Judy Ogutu, The Standard, 17 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026911&cid=4&ttl=We are not party to anti-ICC suit, says lawyers 20. "Search for impunity cuts across the political divide", The East African, 17 January 2011, http://www.theeastafrican.co.ke/OpEd/comment/Search for impunity cuts across the political divide/-/434750/1090484/-/10hhs3e/-/ 21. "President 'behind move on Hague'", by Dave Opiyo, Daily Nation, 16 January 2011, http://www.nation.co.ke/News/politics/President behind move on Hague/-/1064/1090884/-/pm9a2cz/-/ 22. "Group seeks signatures to support ICC", by Beauttah Omanga, The Standard, 16 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026890&cid=4&ttl=Group seeks signatures to support ICC 23. "Cabinet yet to agree on ICC pullout - Kalonzo", Daily Nation, 16 January 2011, http://www.nation.co.ke/News/politics/Cabinet yet to agree on ICC pullout Kalonzo/-/1064/1090828/-/cd9tlez/-/ 24. "Violence suspects must bear own defence costs", Daily Nation, 15 January 2011, http://www.nation.co.ke/oped/Editorial/-/440804/1090272/-/kio4xr/-/ 25. "Which way Kenya over Ocampo Six?", by Beauttah Omanga, The Standard, 16 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026823&cid=4 26. "Trying to woo the AU over Ocampo Six simply won't do", by Gitau Warigi, Daily Nation, 15 January 2011, http://www.nation.co.ke/oped/Opinion/Trying to woo the AU over Ocampo Six simply wont do /-/440808/1090224/-/12m360r/-/ 27. "VP seeks Museveni's support over ICC cases", Daily Nation, 15 January 2011, http://www.nation.co.ke/News/politics/-/1064/1090068/-/7aqupd/-/ 28. "Kenya denies plan to duck ICC", by Daniel Ooko and Ben Ochieng, Xinhua, 14 January 2011, http://www.coastweek.com/3402_ICC.htm 29. "Plan to aid 'Ocampo 6' raises heat", by Beauttah Omanga and Boniface Ongeri, The Standard, 14 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026705&cid=4 30. "Hague Trials, Drought Place Hurdles on Recovery Road", by Lee Mwiti, Business Daily, 14 January 2011, http://allafrica.com/stories/201101140247.html 31. "Pulling out of the ICC will ensure convictions and very stiff sentences", by Kwamchetsi Makokha, Daily Nation, 14 January 2011, http://www.nation.co.ke/oped/Opinion/Pulling out of the ICC will ensure convictions/-/440808/1089828/-/dh3m4vz/-/ 32. "Is Kenya Pushing for a Mass African Withdrawal from the ICC?", by Dapo Akande, EJIL: Talk!, 14 January 2011, http://www.ejiltalk.org/is-kenya-pushing-for-a-mass-african-withdrawal-from-the-icc/ 33. "MPs say Bill for withdrawal from ICC ready", by Beauttah Omanga, The Standard, 13 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026642&cid=4 34. "Kenya launches anti-ICC offensive across Africa", Africa Review, 13 January 2011, http://www.africareview.com/News/-/979180/1088884/-/i6rtxqz/-/ 35. "Kalonzo now lobbies Museveni on ICC", by Michael Mumo, Capital FM, 13 January 2011, http://www.capitalfm.co.ke/news/Kenyanews/Kalonzo-now-lobbies-Museveni-on-ICC-11204.html 36. "Resettlement concerns as ICC mulls case against suspects", IRIN News, 13 January 2011, http://www.irinnews.org/Report.aspx?ReportID=91619 37. "Taxpayers may foot bill for ICC suspects", by Bernard Momanyi, Capital FM, 13 January 2011, http://www.capitalfm.co.ke/news/Kenyanews/Taxpayers-may-foot-bill-for-ICC-suspects-11206.html 38. "Kenya seeks Africa support over Hague", by Bernard Namunane and Oliver Mathenge, Daily Nation, 12 January 2011, http://www.nation.co.ke/News/politics/Kenya seeks Africa support over Hague /-/1064/1088748/-/lwq8dgz/-/ 39. "Kenya Lobbies African Nations to Shirk ICC Trials, Nation Says", by Sarah McGregor, Bloomberg, 12 January 2011, http://www.bloomberg.com/news/2011-01-12/kenya-lobbies-african-nations-to-shirk-icc-trials-nation-says.html 40. "Govt denies plan to undermine ICC process", Daily Nation, 12 January 2011, http://www.nation.co.ke/News/-/1056/1088292/-/11fx9poz/-/ 41. "Muthaura denies plans to subvert ICC", by Lilian Mukabhana, KBC, 12 January 2011, http://www.kbc.co.ke/news.asp?nid=68373 42. "Court declines bid to stop ICC witness statements", by Maureen Ngesa, Daily Nation, 12 January 2011, http://www.nation.co.ke/News/Court declines bid to stop ICC witness statements/-/1056/1088340/-/148q46c/-/ 43. "MP roots for local courts to try violence suspects", by Aby Agina, Daily Nation, 12 January 2011, http://www.nation.co.ke/News/politics/-/1064/1088344/-/7aaxnw/-/ 44. "Mutua says State reviewing ICC legal fees", by Beauttah Omanga, The Standard, 12 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026634&cid=159&story=Mutua says State reviewing ICC legal fees 45. "Public cannot pay for defence of Ocampo 6", Daily Nation, 12 January 2011, http://www.nation.co.ke/oped/Editorial/Public cannot pay for defence of Ocampo 6 /-/440804/1088588/-/122qdcvz/-/ 46. "Kenya lobbies Africa to pullout of ICC", by Michael Mumo, Capital FM, 11 January 2011, http://www.capitalfm.co.ke/news/Kenyanews/Kenya-lobbies-Africa-to-pullout-of-ICC-11168.html 47. "Kenya seeks AU backing on bid to pull out of Hague", by Oliver Mathenge, Daily Nation, 11 January 2011, http://www.nation.co.ke/News/-/1056/1088072/-/11fxbcdz/-/ 48. "Decision time for Kibaki and Raila", by Beauttah Omanga, The Standard, 11 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026529&cid=4 49. "Kenyan Tribunal Pledges Questioned", by Blake Evans-Pritchard, Simon Jennings, Katy Glassborow, IWPR, 10 January 2011, http://iwpr.net/report-news/kenyan-tribunal-pledges-questioned 50. "Kenya's secret plot against ICC", by Ben Agina and Beauttah Omanga, The Standard, 10 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026471&cid=4 54. "Why Ocampo could shock ICC suspects", by Juma Kwayera, The Standard, 9 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026277&cid=4& 55. "Kosgey's fate jolts Rift Valley politicians", by Julius Sigei, Daily Nation, 8 January 2011, http://www.nation.co.ke/News/politics/Kosgeys fate jolts Rift Valley politicians /-/1064/1086158/-/1lcwwl/-/ 56. "Officials anxious as cabinet shake-up looms", Daily Nation, 8 January 2011, http://www.nation.co.ke/News/politics/Officials anxious as cabinet shake up looms /-/1064/1086146/-/u88576/-/ 57. "Murgor cleared to appear before ICC", by Beauttah Omanga, The Standard, 7 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026192&cid=4&ttl=Murgor cleared to appear before ICC 58. "A rotten and thieving political class has now smelt danger", by Barack Mukula, The Standard, 7 January 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000026206&cid=489 C. AUDIO/VISUAL RESOURCES 1. "Funding the Hague suspects", NTV, 17 January 2011, http://www.youtube.com/watch?v=cCexvO8IDo4 2. "ICC Suspects Legal Fees", The Latest Kenyan News, 15 January 2011, http://kenyauptodate.blogspot.com/2011/01/icc-suspects-legal-fees.html ************************************* CICC's policy on the referral and prosecution of situations before the ICC: The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands