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Latest Information Related to the ICC Investigation

15 Oct 2010

Dear all,

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

This message includes the latest press releases issued by the ASP relating to the meeting of the ASP President and Kenyan Minister of Foreign Affairs (I), CICC members quoted (II) and related news coverage (III).

Please also 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.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. ASSEMBLY OF STATES PARTIES PRESS RELEASE

"President of the Assembly meets Minister of Foreign Affairs of Kenya", ASP Press Release, 21 September 2010, ICC-ASP-20100921-PR575, http://www.icc-cpi.int/menus/icc/press and media/press releases/president of the assembly meets minister of foreign affairs of kenya

Note: This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.

"The President of the Assembly of States Parties to the Rome Statute of the International Criminal Court, His Excellency Ambassador Christian Wenaweser met on 17 September, in New York, with His Excellency Mr. Moses Wetangula, Minister of Foreign Affairs of Kenya. Minister Wetangula reiterated Kenya's firm support for the International Criminal Court, especially as it pertains to investigations currently underway in Kenya. With regard to the visit of President Omar Al-Bashir of Sudan to Nairobi, he highlighted his country's competing obligations towards the Court, the African Union, and regional peace and stability.

Ambassador Wenaweser underscored his view that the obligation to cooperate in accordance with the Rome Statute could not legally be suspended by a decision of the African Union. Only the Security Council could suspend the Court's investigations in accordance with article 16 of the Rome Statute. He expressed his hope that the recent events would lead to a fruitful and broad discussion on cooperation with the Court and to the reiteration of the universal commitment that the Court enjoyed among its States Parties, and welcomed the meeting as a possible first step in this regard. Ambassador Wenaweser highlighted the reliance of the Court on the cooperation of States, without which it could not operate.

The conversation also made reference to Ambassador Wenaweser's letter to Minister Wetangula, dated 28 August, wherein Ambassador Wenaweser forwarded the Decision issued by the Court's Pre-Trial Chamber I, informing the United Nations Security Council and the Assembly of States Parties to the Rome Statute about President Omar Al-Bashir's presence in the territory of the Republic of Kenya. Minister Wetangula informed Ambassador Wenaweser that an official reply from the Kenyan Foreign Ministry would be forthcoming, and the parties agreed to continue the dialogue on cooperation."

II. CICC MEMBERS QUOTED

i. "Security Chiefs Gang Up to Fight Ocampo" by Mugumo Munene( AllAfrica/Daily Nation), 2 October 2010, http://allafrica.com/stories/201010030015.html

"...The stalemate drew ire from the Kenya Chapter of the International Commission of Jurists, who accused the government of changing positions and offered a different interpretation of the law.

'The government position that the ICC investigators could only interrogate its security chiefs in the presence of a judge is erroneous for the reason that the request by the ICC does not relate to the taking of evidence. Section 77 is only applicable in situations where the ICC opts for evidence to be adduced within Kenya and in an ideal situation where a case is pending determination before the pre-trial chamber or the trial chamber.

This is not the case in the current instance; the prosecutor is just conducting his investigations and is yet to present his case before the trial court,' said ICJ executive director George Kegoro..."

ii. "Human Rights Group Criticizes Kenya's 'Error' over Bashir Invite" by Peter Clottey (VOA News), 29 September 2010
http://www.voanews.com/english/news/africa/Human-Rights-Group-Criticizes-Kenyas-Error-over-Bashir-Invite-104047424.html

"An official of the New York-based group Human Rights Watch (HRW) has expressed concern after an international group of lawmakers announced their support for Kenya's decision in August to invite Sudan's indicted leader to the promulgation of Kenya's constitution.

Tiseke Kasambala, senior researcher at the Africa Division of Human Rights Watch, said Kenya made an error in judgment by allowing Sudan's President, Hassan Omar Al-Bashir, to participate in the ceremony.

'Kenya is a member state of the International Criminal Court (ICC) and is therefore obliged to respect the International Criminal Court and is obliged not to invite President Al-Bashir, or, if he is invited to its territory, Kenya is obliged to arrest President Al-Bashir. We hope it does not set a precedent among other ICC state parties to do the same.'

At a meeting in Brussels Wednesday, the African, Caribbean and Pacific members of parliament from 75 countries said they support Kenya's decision to invite the Sudanese leader..."

III. RELATED NEWS COVERAGE

1. "Kenyan police get ICC deal to testify on bosses" By Oliver Mathenge and Peter Leftie (Daily Nation), 14 October 2010
http://www.nation.co.ke/News/politics/Kenyan police get ICC deal to testify on bosses /-/1064/1033186/-/lg1elxz/-/

2. "New twist as MPs drag in ICC probe in 'Uhuru debate'" by Beauttah Omanga (Standard)
13 October 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000020262&cid=4

3. "Kibaki meets Cabinet ICC team" by Judie Kaberia (Capital FM), 13 October 2010
http://www.capitalfm.co.ke/news/Kenyanews/Kibaki-meets-Cabinet-ICC-team-10157.html

4. "State clears way for ICC to get vetted minutes" by Martin Mutua and Cyrus Ombati (Standard), 12 October 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000020207&cid=4

5. "Rely on victims for truth, ICC told" (Daily Nation), 12 October 2010 http://www.nation.co.ke/News/regional/Rely on victims for truth, ICC told/-/1070/1031396/-/5htib8/-/

6. "Cabinet team meets as ICC sleuths approach" by Judie Kaberia (Capital FM), 12 October 2010, http://www.capitalfm.co.ke/news/Kenyanews/Cabinet-team-meets-as-ICC-sleuths-approach-10141.html

7. "ICC witnesses far from giving statements" by Rob Jillo (Capital FM), 11 October 2010,
http://www.capitalfm.co.ke/news/Kenyanews/ICC-witnesses-far-from-giving-statements-10127.html

8. "Ocampo Preparing to Issue Sealed Warrants for Kenyan Cases" by Bruce Zagaris (International Enforcement Law Reporter), November 2010, http://www.ielr.com/content/general/detail/4645/ (subscription needed)

9. "Uhuru breaks his silence on Hague arrests" by Peter Leftie (Daily Nation), 10 October 2010
http://www.nation.co.ke/News/politics/Uhuru breaks his silence on Hague arrests/-/1064/1030248/-/11gm9uu/-/

10. "ICC urged to be objective in Kenyan probe" (KBC), 10 October 2010
http://www.kbc.co.ke/news.asp?nid=66879

11. "Cabinet team to draft rules to guide ICC probe" (Daily Nation),10 October 2010
http://www.nation.co.ke/News/politics/Cabinet to draft rules to guide ICC probe/-/1064/1029736/-/3mk0wq/-/

12. "A clear victory for Moreno-Ocampo" by Murithi Mutiga (Daily Nation), 9 October 2010
http://www.nation.co.ke/oped/Opinion/A clear victory for Moreno Ocampo /-/440808/1029294/-/765lv/-/index.html

13. "Top ICC investigator jets back, meets team" by Ben Agina and Cyrus Ombati (Standard) 8 October 2010
http://www.standardmedia.co.ke/InsidePage.php?id=2000019875&cid=4&ttl=Top ICC investigator jets back, meets team

14. "ICC team to start taking evidence" (Standard) 7 October 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000019812&cid=4

15. "Kenya names judge to help Hague investigators" by James Macharia (Reuters), 6 October 2010,
http://af.reuters.com/article/topNews/idAFJOE6950K120101006

16. "Kenya Does It ICC probe: Crucial minutes missing as committee sits" by Ben Agina and Cyrus Ombati (Standard), 6 October 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000019740&cid=4&ttl=ICC pobe: Crucial minutes missing as committee sits

17. "Legal Challenges Threaten to Undermine ICC Investigation in Kenya" by Michael Onyiego (VOA News), 4 October 2010
http://www.voanews.com/english/news/africa/Legal-Challenges-Threaten-to-Undermine-ICC-Investigation-in-Kenya-104287214.html

18. "Wetangula now says ICC will get support" by Catherine Karong'o (Capital FM), 4 October 2010, http://www.capitalfm.co.ke/news/Kenyanews/Wetangula-now-says-ICC-will-get-support-10044.html

19. "Kenya's Constitutional Dispensation And The ICC Indictments" by Evarist Kagaruki (The Citizen - Tanzania), 3 October 2010,
http://thecitizen.co.tz/sunday-citizen/43-sunday-citizen-opinion-editorial/4541-kenyas-constitutional-dispensation-and-the-icc-indictments.html

20. "ICC Should Now Move With Speed to End Impunity", by Dominic Wamugunda AllAfrica/Daily Nation:, 2 October 2010
http://allafrica.com/stories/201010030002.html

21. "Kenya reiterates its commitment to ICC" by Glena Nyamwayi "KBC" 1 October 2010
http://www.kbc.co.ke/news.asp?nid=66723

22. "Kenya: ICC Can Compel Country to Release Meeting Records" by Oliver Mathenge (AllAfrica), 30 September 2010, http://allafrica.com/stories/201010010007.html

23. "Kenyan govt says it still backs Hague trials" by James Macharia and Wangui Kanina (Reuters) 30 September 2010, http://af.reuters.com/article/topNews/idAFJOE68T03320100930

24. "Ocampo to use available records" By Oliver Mathenge (Daily Nation), 29 September 2010
http://www.nation.co.ke/News/Ocampo to use available records/-/1056/1020946/-/10qci5h/-/

25. "ICC 'denied access to key state secrets' on post-poll chaos" by Bernard Namunane (Nation), 27 September 2010, http://www.nation.co.ke/News/politics/ICC denied access to key state secrets /-/1064/1019436/-/f3b6vyz/-/index.html

26. "ICC team arrives in Kenya" by Peter Atsiaya (Standard) 26 September 2010
http://www.standardmedia.co.ke/InsidePage.php?id=2000019180&cid=4&ttl=ICC team arrives in Kenya

27. "UN, Annan back local tribunal says Kenyan minister "by Carol Gakii (KBC) Posted: 24 September 2010, http://www.kbc.co.ke/news.asp?nid=66587

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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