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03 Nov 2010

Dear all,

Please find below information about recent developments related to the International Criminal Court's investigation in Kenya.

This message includes the latest update from the Office of the Prosecutor and articles on the current status of the Court's investigation (I), and related news articles and opinions (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


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I. OTP UPDATE

Note: These documents have been produced by the ICC. The Coalition for the ICC distributes them as part of its mandate to inform member organizations and individuals about ICC-related developments. The documents do not reflect the views of the CICC as a whole or its individual members.

OTP Weekly Briefing - KENYA, 19 - 25 October 2010, Issue #60, http://www.icc-cpi.int/NR/rdonlyres/111A878E-C79C-4197-B26024ABDC186C3C/282595/WBENG.pdf

"The Office made its examination of the post-election violence of December 2007 January 2008 public in February 2008. On 9 July 2009, the African Union Panel of Eminent African Personalities, chaired by Kofi Annan, announced the submission to the OTP of a sealed envelope containing a list of persons allegedly implicated and supporting mateials previously entrusted to Mr. Annan by the Waki Commission. On 5 November the Prosecutor informed President Kibaki and Prime Minister Odinga of his view that crimes against humanity had een committed and of his duty, in the absence of national proceedings, to act. Both the President and the Prime Minister committed to cooperate with the Court. On 26 November the Prosecutor requested authorization from Pre-Trial Chamber II to open an investigation, noting that: 1,220 persons had been killed; hundreds raped, with thousands more unreported; 350,000 people were forcibly displaced; and 3,561 injured as part of a widespread and systematic attack against civilians. On 31 March the Pre-Trial Chamber authorized the Prosecutor to commence an investigation covering alleged crimes against humanity committed between1 June 2005 and 26 November 2009. The Prosecutor made his first visit to Kenya since the beginning of the investigation on 8-12 May. The Prosecution has announced that in the course of 2010, it will present two cases against 2 or 3 individuals alleged to be most responsible in accordance with the evidence.

25 October- 23 African civil society organizations have issued a joint petition calling on President Kibaki and Prime Minister Odinga to pevent Sudanese President Al Bashir from visiting Kenya, citing the + International Crimes Act and Section 2(6) of the Constitution. The civil society organizations emphasized that �a visit by Al-Bashir would run counter to Kenyaʹs commitment to the ICC. It would also send damaging signals to victims of mass atrocity in Darfur and undermine Kenyaʹs credibility on issues of justice.�"

Related news:

1. �Kenya poll violence probe �on schedule��, by Oliver Mathenge (Daily Nation), 21 October 2010, http://www.nation.co.ke/News/politics/Poll violence probe on schedule/-/1064/1037686/-/ocifis/-/

2.VIDEO - France 24 interviews Luis Moreno-Ocampo about the ICC and the situations, 22 October 2010, http://www.france24.com/fr/20101020-ocampo-procureur-tpi-rwanda-kenya-crimes-guerres

3.�ICC questions for security chiefs ready�, 2 November 2010, by Cyrus Ombati (Standard), http://www.standardmedia.co.ke/InsidePage.php?id=2000021532&cid=4&ttl=ICC questions for security chiefs ready

4.�Security chiefs appearing before ICC assured of protection� by Cyrus Ombati (Standard), 29 October 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000021282&cid=4&ttl=Security chiefs appearing before ICC assured of protection

5. �Hague Court Still to Name Key Witness to Post-Election Violence� (Allvoices), 27 October 2010, http://www.allvoices.com/news/7159106-kenya-hague-court-still-to-name-key-witness-to-postelection-violence

6. �Stage is set for ICC statement taking� by Carol Gakii (KBC), 29 October 2010, http://www.kbc.co.ke/news.asp?nid=67271

7. �Rules for ICC statements gazetted� by Judie Kaberia (Capital FM), 26 October 2010, http://www.capitalfm.co.ke/news/Kenyanews/Rules-for-ICC-statements-gazetted-10292.html

8. �ICC analysts pitch camp in Eldoret Town� by Vincent Bartoo (Standard), 20 October 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000020676&cid=4&ttl=ICC analysts pitch camp in Eldoret Town

9. �Hague court yet to receive security notes� (Daily Nation), 19 October 2010, http://www.nation.co.ke/News/-/1056/1036324/-/11j2c8az/-/

10. �ICC statement rules to be published Friday�, by Judie Kaberia (Capital FM), 19 October 2010, http://www.capitalfm.co.ke/news/Kenyanews/ICC-statement-rules-to-be-published-Friday-10218.html

11. �Kenyan lawyers to get tips from ICC experts�, by Anthony Kagiri (Capital FM), 19 October 2010, http://www.capitalfm.co.ke/news/Kenyanews/Kenyan-lawyers-to-get-tips-from-ICC-experts-10217.html

II. RELATED NEWS AND OPINIONS

1. �Kenya missing its chance for justice, say top international lawyers� by Mike Pflanz (Christian Science Monitor), 26 October 2010, http://www.csmonitor.com/World/Africa/2010/1026/Kenya-missing-its-chance-for-justice-say-top-international-lawyers

2. �FACTBOX-Key political risks to watch in Kenya� by James Macharia (Reuters), 1 November 2010, http://af.reuters.com/article/kenyaNews/idAFRISKKE20101101

3. �Lawyers make new demand on ICC probe�, by Jillo Kadida and Emeka Gekara-Mayaka (Daily Nation), 1 November 2010, http://www.nation.co.ke/News/Lawyers make new demand on ICC probe/-/1056/1045004/-/l6gutjz/-/

4. �Can Kenya make its new deal work?; Kenya and east Africa� (The Economist), 30 October 2010, http://www.economist.com/node/17373983

5. �PEV: Rawal team ready for statements� by Emeka Gekara-Mayaka (Daily Nation), 29 October 2010, http://www.nation.co.ke/News/politics/Rawal team ready for statements /-/1064/1043200/-/138e6ffz/-/

6. �Kenya court declines man�s request against ICC� by Philip Muyanga (Daily Nation), 28 October 2010, http://www.nation.co.ke/News/politics/Kenya court declines mans request against ICC /-/1064/1042554/-/14nu21w/-/

7. �Court fails to stop ICC operations in Kenya�, by Dzuya Walter (KBC), 27 October 2010, http://www.kbc.co.ke/news.asp?nid=67223

8. �ICC lawyers call for local tribunal� (Standard), 23 October 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000020907&cid=4&ttl=ICC lawyers call for local tribunal

9. �Groups demand inquiry on poll chaos rape cases� by Samuel Siringi (Daily Nation), 21 October 2010, http://www.nation.co.ke/News/Groups demand inquiry on poll chaos rape cases /-/1056/1037904/-/60cufr/-/

10. �No one will be shielded from ICC, says Saitoti� by Beauttah Omanga (Standard), 20 October 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000020678&cid=41

11. �All set for PCs and police to give evidence� (Daily Nation), 19 October 2010, http://www.nation.co.ke/News/All set for PCs and police to give evidence /-/1056/1036270/-/t7jf2az/-/

12. �Kenyan president suspends key minister�, AFP, 19 October 2010, http://www.google.com/hostednews/afp/article/ALeqM5g0vuZGnlH0-jNV-Q84ezErrW4NHg?docId=CNG.5ad543ce839fb7c75ade44a2db5fb0eb.9c1

13. �See How the Big Boys Run from the ICC's Small Axe� (The East African), 18 October 2010, http://allafrica.com/stories/201010190802.html

14. �Kenyan law group to file motion before court seeking arrest of Sudan�s Bashir� (SudanTribune), 17 October 2010, http://www.sudantribune.com/spip.php?article36620

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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