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ICC Issues Summons To Appear for Six Kenyans: ICC decisions and CICC Media Statement

08 Mar 2011

Dear all,

On 8 March 2011, Judges of Pre-Trial Chamber II (PTC II) of the International Criminal Court (ICC) issued summonses to appear for six individuals for their alleged roles in the 2007-2008 Kenyan post-election violence.

The two PTC II decisions are available on the ICC website at: http://www.icc-cpi.int/Menus/ICC?lan=en-GB

Please find below the latest media statement issued by the Coalition for the International Criminal Court in relation to the decisions.

Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition will not take a position on potential and current situations before the Court or situations under preliminary examination. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. CICC ADVISORY

1. "ICC Issues Summons To Appear for Six Kenyans: Pre-Trial Judges Open Two Cases for Alleged Crimes Against Humanity in 2007-2008 Kenyan Post-election Violence Investigation," CICC Media advisory, 8 March 2011, www.coalitionfortheicc.org

"WHAT: On 8 March 2011, Judges of Pre-Trial Chamber II (PTC II) of the International Criminal Court (ICC) issued summonses to appear for six individuals for their alleged roles in the 2007-2008 Kenyan post-election violence.

WHO: William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali have been implicated in the Prosecutor’s investigation into the 2007-2008 Kenyan post-election violence. All six suspects are members of the Orange Democratic Movement or the Party for National Unity, the two parties that form the ruling coalition in Nairobi.

WHY: On 15 December 2010, the Prosecutor asked PTC II to issue summonses to appear against these six individuals. Judges examined the request and decided that there were reasonable grounds to believe that the persons have committed crimes against humanity and that summonses to appear would be sufficient to ensure their appearance before the Court. The Judges’ decisions include different modes of liability for the alleged crimes, including murder, forcible transfer of population and persecution. The summonses are to be served to the suspects themselves, not to a state.

HOW: The suspects are summoned to appear before the ICC on 7 April 2011 for an initial hearing during which Judges will verify the suspects’ identities and that they were informed of the charges brought against them and of their rights under the Rome Statute

Judges ordered the suspects (1) to have no direct or indirect contacts with victims or witnesses; (2) to refrain from corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, or tampering with or interfering with the Prosecution's collection of evidence; (3) to refrain from committing Rome Statute crimes; and (4) to attend all required ICC hearings.

COMMENTS: “We call on the named individuals to cooperate with the ICC and to voluntarily appear before the Court, where they will be afforded the rights granted to all accused under the Rome Statute, including the presumption of innocence,” said Stephen Lamony, the Coalition’s Africa Outreach Liaison and Situations Adviser. “In parallel we call on ICC states parties not to derail the course of justice by allowing the ICC process to follow its course,” he added.

BACKGROUND: The ICC prosecutor’s investigation into crimes against humanity allegedly committed in Kenya in relation to the 2007-2008 post-election violence was authorized by Judges of PTC II on 31 March 2010, following a request by the ICC prosecutor on 26 November 2009. It was the first time the prosecutor used his “proprio motu” powers to initiate an investigation without first having received a referral from governments or by the United Nations Security Council.

The ICC is the world’s first permanent international court to prosecute war crimes, crimes against humanity and genocide. There are currently 114 ICC states parties to the Rome Statute, the Court’s founding treaty. Central to the Court’s mandate is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unable or unwilling to investigate and prosecute perpetrators of genocide, crimes against humanity and war crimes. There are currently six active investigations before the Court: the Central African Republic; the Democratic Republic of the Congo; Darfur, the Sudan; Kenya; Libya; and Uganda. In addition to today’s summonses, the ICC has publicly issued 12 arrest warrants and three summonses to appear. Three trials are ongoing. The Office of the Prosecutor has made public that it is examining at least ten situations on four continents, including Afghanistan, Chad, Colombia, Côte d'Ivoire, Georgia, Guinea, Honduras, Republic of Korea, Nigeria, and Palestine.

Coalition NGO experts are available for interviews and background. List available upon request by contacting [email protected]

The Coalition for the International Criminal Court includes 2,500 civil society organizations in 150 different countries working in partnership to strengthen international cooperation with the ICC; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide. For more information, visit: www.coalitionfortheicc.org..."

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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

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		ICC Issues Summons To Appear for Six Kenyans: ICC decisions and CICC Media Statement 08 Mar 2011 Dear all, On 8 March 2011, Judges of Pre-Trial Chamber II (PTC II) of the International Criminal Court (ICC) issued summonses to appear for six individuals for their alleged roles in the 2007-2008 Kenyan post-election violence. The two PTC II decisions are available on the ICC website at: http://www.icc-cpi.int/Menus/ICC?lan=en-GB Please find below the latest media statement issued by the Coalition for the International Criminal Court in relation to the decisions. Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition will not take a position on potential and current situations before the Court or situations under preliminary examination. The Coalition, however, will continue to provide the most up-to-date information about the ICC. Best regards, CICC Secretariat www.coalitionfortheicc.org ******************************* I. CICC ADVISORY 1. "ICC Issues Summons To Appear for Six Kenyans: Pre-Trial Judges Open Two Cases for Alleged Crimes Against Humanity in 2007-2008 Kenyan Post-election Violence Investigation," CICC Media advisory, 8 March 2011, www.coalitionfortheicc.org "WHAT: On 8 March 2011, Judges of Pre-Trial Chamber II (PTC II) of the International Criminal Court (ICC) issued summonses to appear for six individuals for their alleged roles in the 2007-2008 Kenyan post-election violence. WHO: William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali have been implicated in the Prosecutor’s investigation into the 2007-2008 Kenyan post-election violence. All six suspects are members of the Orange Democratic Movement or the Party for National Unity, the two parties that form the ruling coalition in Nairobi. WHY: On 15 December 2010, the Prosecutor asked PTC II to issue summonses to appear against these six individuals. Judges examined the request and decided that there were reasonable grounds to believe that the persons have committed crimes against humanity and that summonses to appear would be sufficient to ensure their appearance before the Court. The Judges’ decisions include different modes of liability for the alleged crimes, including murder, forcible transfer of population and persecution. The summonses are to be served to the suspects themselves, not to a state. HOW: The suspects are summoned to appear before the ICC on 7 April 2011 for an initial hearing during which Judges will verify the suspects’ identities and that they were informed of the charges brought against them and of their rights under the Rome Statute Judges ordered the suspects (1) to have no direct or indirect contacts with victims or witnesses; (2) to refrain from corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, or tampering with or interfering with the Prosecution's collection of evidence; (3) to refrain from committing Rome Statute crimes; and (4) to attend all required ICC hearings. COMMENTS: “We call on the named individuals to cooperate with the ICC and to voluntarily appear before the Court, where they will be afforded the rights granted to all accused under the Rome Statute, including the presumption of innocence,” said Stephen Lamony, the Coalition’s Africa Outreach Liaison and Situations Adviser. “In parallel we call on ICC states parties not to derail the course of justice by allowing the ICC process to follow its course,” he added. BACKGROUND: The ICC prosecutor’s investigation into crimes against humanity allegedly committed in Kenya in relation to the 2007-2008 post-election violence was authorized by Judges of PTC II on 31 March 2010, following a request by the ICC prosecutor on 26 November 2009. It was the first time the prosecutor used his “proprio motu” powers to initiate an investigation without first having received a referral from governments or by the United Nations Security Council. The ICC is the world’s first permanent international court to prosecute war crimes, crimes against humanity and genocide. There are currently 114 ICC states parties to the Rome Statute, the Court’s founding treaty. Central to the Court’s mandate is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unable or unwilling to investigate and prosecute perpetrators of genocide, crimes against humanity and war crimes. There are currently six active investigations before the Court: the Central African Republic; the Democratic Republic of the Congo; Darfur, the Sudan; Kenya; Libya; and Uganda. In addition to today’s summonses, the ICC has publicly issued 12 arrest warrants and three summonses to appear. Three trials are ongoing. The Office of the Prosecutor has made public that it is examining at least ten situations on four continents, including Afghanistan, Chad, Colombia, Côte d'Ivoire, Georgia, Guinea, Honduras, Republic of Korea, Nigeria, and Palestine. Coalition NGO experts are available for interviews and background. List available upon request by contacting [email protected] The Coalition for the International Criminal Court includes 2,500 civil society organizations in 150 different countries working in partnership to strengthen international cooperation with the ICC; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide. For more information, visit: www.coalitionfortheicc.org..." ****************************************** 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