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Kenya: Latest OTP and ASP statements; Related news coverage

22 Sept 2010

Dear all,

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

This message includes the two latest statements from the OTP and the ASP (I), as well as 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. ICC-OTP and ASP STATEMENTS

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.

1. "Statement by ICC Prosecutor Luis Moreno-Ocampo on the situation in Kenya", ICC Office of the Prosecutor, 21 September 2010, http://www.icc-cpi.int/Menus/Go?id=3b2d9447-5bc0-44f7-8816-ebb0ba4c52c7&lan=en-GB

"Before the end of this year, my Office will present two cases against 4 to 6 individuals who according to the evidence, bear the greatest responsibility for the most serious crimes committed during Kenya's 2007-2008 post election violence. In its 31 March 2010 decision authorizing the opening of an investigation, the ICC Pre-Trial Chamber confirmed that these cases would be admissible. In a public press conference, President Kibaki and Prime Minister Odinga both expressed their support for my investigation. Mr Kilonzo has also recently confirmed to me his personal commitment to do justice for the victims of the post election violence. It is our hope that the Kenyan justice system will ultimately deal with the many perpetrators that the ICC will not prosecute."

2. "President of the Assembly meets Minister of Foreign Affairs of Kenya", ICC-ASP press release, 20100921-PR575, 21 September 2010, http://www.icc-cpi.int/NR/exeres/E2CA7311-DDA1-4DBB-90B2-0FA3318FD056.html

"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. RELATED NEWS AND OPINIONS

A. CICC MEMBER QUOTED

1. "Kenyans Have a New Constitution, but Justice Remains Elusive", by Hussein Moulid Bosh (New American), 13 September 2010, http://www.thenewamerican.com/index.php/world-mainmenu-26/africa-mainmenu-27/4579-kenyans-have-a-new-constitution-but-justice-remains-elusive

"... Even with the constitution passed, there remains a lot to do to make it work.

The New American interviewed one of internal displaced people (IDP's) at the Mawingu camp, at the Burnt Forest in the Rift Valley.

"I am not celebrating the rebirth of Kenya because how can I celebrate while am living here? My house was burned in [the] 2007 general election; I lost two sons and my livestock. Two years passed and still I haven't seen any sign of justice," said 78-year-old Ann Wanjiru. "I don't have food, shelter, and livestock. We all see high-ranking government officials visit us and promise to support us, yet there is no compensation," she added.

Weeks of violence occurred after President Mwai Kibaki was declared winner of Kenya's December 2007 elections. Raila Odinga's then-opposition party claimed the vote was rigged, leading to two months of upheavals. Many protesters who clashed with security forces were killed, but the violence also flared along tribal lines.

...According to Moreno-Ocampo, 20 Kenyan officials, whose names are confidential, organized and financed the post-election attacks against civilians and have yet to face prosecution for their alleged crimes in Kenya. Ocampo stressed that the officials have not been formally charged, but remain under investigation. "The allegations concerning the named individuals will have to be measured against the evidence gathered independently by my office," he told the court's pre-trial chamber.

... Human Rights Watch also recommended that the ICC and its prosecutor apply to its new Kenyan inquiry the lessons learned from the ICC's existing investigations. These include investigating all sides to the violence, and, where there is evidence, bringing charges that reflect the full range of the most serious crimes committed during the post-election violence...."

B. OTHER NEWS AND OPINIONS

1. "ICC ties up probe and moves to prosecutions", by Ben Agina (Daily Standard), 22 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000018868&cid=4

2. "Int'l court to launch cases in Kenya violence", by Mike Corder (Associated Press), 21 September 2010, http://hosted.ap.org/dynamic/stories/E/EU_INTERNATIONAL_COURT_KENYA?SITE=CAVEN&SECTION=HOME&TEMPLATE=DEFAULT

3. "Kenya's hope lies in the fear of Ocampo", by Evan Mwangi (Daily Nation), 21 September 2010, http://www.nation.co.ke/oped/Opinion/Kenya hope lies in the fear of Ocampo /-/440808/1015442/-/uwtw7r/-/

4."Minister rapped over Kenya chaos probe", by Carol Gakii and Mary Daraja (Kenya Broadcasting Corporation), 20 September 2010, http://www.kbc.co.ke/news.asp?nid=66504

5. "ICC shifts focus to extra-judicial killings", by Ben Agina and Vitalis Kimutai (The Standard), 20 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000018712&cid=4&

6. "Mutula criticised for remarks on ICC Kenya probe", by Lucas Barasa (Daily Nation), 19 September 2010,
http://www.nation.co.ke/News/politics/Mutula criticised for remarks on ICC Kenya probe/-/1064/1013810/-/12ucp1g/-/

7. "Mutula to Ocampo: Quit Kenyan probe", By Lucas Barasa (Daily Nation), 18 September 2010, http://www.nation.co.ke/News/politics/Mutula to Ocampo Quit Kenyan probe /-/1064/1013680/-/b1f4rs/-/

8. "Knock! Knock! Here comes Mr Ocampo", by Martin Mutua, Vincent Bartoo and Vitalis Kimuta (The Standard), 17 September 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000018537&cid=4&ttl=Knock! Knock! Here comes Mr Ocampo

9. "Address root causes of conflicts, delegates told", By Alex Ndegwa (The Standard), 17 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000018593&cid=4

10. "Kenya chaos a lesson for commonwealth", By John Ngirachu (Daily Nation), 17 September 2010, http://www.nation.co.ke/News/Kenya chaos a lesson for commonwealth/-/1056/1012868/-/ptlfox/-/index.html

11. "Kenya: ICC friend or foe?", by Scott McKenzie (Global Policy), 16 September 2010,
http://www.globalpolicyjournal.com/blog/16/09/2010/kenya-icc-friend-or-foe

12. "How to tell right from wrong at the State human rights commission", by Kwamchetsi Makokha (Daily Nation), 16 September 2010, http://www.nation.co.ke/oped/Opinion/-/440808/1013014/-/nxwuwgz/-/

13. "Kenyans need Transitional Justice", by Kasembeli Albert (The African Executive), 15 - 22 September 2010, http://www.africanexecutive.com/modules/magazine/articles.php?article=5436&magazine=300

14. "U.S. officials confirm plans to name Gration as ambassador to Kenya", (Sudan Tribune), 13 September 2010, http://www.sudantribune.com/spip.php?article36257

15. "Kenya moves to secure international support", By Rufus Hunja (KBC News), 7 September 2010 http://www.kbc.co.ke/news.asp?nid=66266

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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.
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