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Kenya: Latest News and Opinions
13 July 2011
Dear all,

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

This message includes the latest information on the decision not to hold in situ confirmation of charges hearings in Kenya in the Ruto, Kosgey and Sang case (I), as well as other news and opinions (II).

Please 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 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. DECISION ON IN SITU HEARINGS IN RUTO, KOSGEY AND SANG CASE

A. ICC DOCUMENTS

On 29 June 2011, in the case of the Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang, Judge Ekaterina Trendafilova, Single Judge of ICC Pre-Trial Chamber II held that it would not consider further the option of conducting the confirmation of charges hearing in the Republic of Kenya. A decision is pending on this matter regarding the second case in the Kenya situation.

1. "Decision Requesting the Parties to Submit Information for the Preparation of the Confirmation of Charges Hearing", ICC, 29 June 2011, http://www.icc-cpi.int/NR/exeres/E7F64DC0-E99E-49C6-9444-D5804C39B2FC.htm

"...The Single Judge takes note of the relevant observations submitted, pursuant to a request of the Chamber by the parties and by the Office of Public Counsel for Victims ... on behalf of the victims who had applied for participation in the present case. With the exception of Counsel for Henry Kosgey, all parties as well as the OPCV raise concerns with respect to the security situation in the Republic of Kenya should the confirmation of charges hearing take place there and, accordingly, request the Chamber that the confirmation of charges hearing be held at the seat of the Court in The Hague. Bearing in mind that the decision whether or not in situ hearings may take place lies ultimately with the plenary of Judges according to rule 100 of the Rules, the Single Judge, however, wishes to inform the parties and the applicant victims that the Chamber, for its part, being respectful of their wishes as expressed in the respective submissions, will not consider further the option of conducting the confirmation of charges hearing in the Republic of Kenya. The Chamber has therefore ensured that this concern is submitted to the competent entities entrusted to render a decision upon this question according to rule 100 of the Rules. In any event, absent any decision to the contrary, the confirmation of charges hearing in the present case will take place at the seat of the Court in The Hague...."

B. RELATED COALITION MEMBERS STATEMENTS

1. "Request for leave to submit amicus curiae observations pursuant to rule 103 of the Rules of Procedure and Evidence," No Peace Without Justice, 10 June 2011, http://www.icc-cpi.int/iccdocs/doc/doc1087503.pdf

On 10 June 2011, NPWJ submitted an application to submit amicus curiae observations which proposed to offer observations on how the holding of the confirmation of charges hearings in Kenya would be in the interests of justice and facilitate the rights of victims to participate in an effective and efficient way.

The request was rejected on 13 June 2011.
See: "Decision on the "Request for leave to submit Amicus Curiae observations pursuant to Rule 103 of the Rules of Procedure and Evidence", ICC Pre-Trial Chamber II, 13 June 2011, http://www.icc-cpi.int/NR/exeres/985DA06A-F731-4194-976F-F77B0268BFD5.htm

2. "Kenya: Hold ICC Hearings in the country, Amnesty Urges" Daily Nation, 15 June 2011, http://allafrica.com/stories/201106151198.html

"Amnesty International has said it backs the International Criminal Court's proposal to conduct the confirmation of charges hearings for the Ocampo Six in Kenya.
The rights organisation said the move, if successful, would bring justice closer to the victims who bore the brunt of the post election violence that left 1,133 people and 650,000 others uprooted from their homes.

"Amnesty International fully supports the ICC proposal to hold the confirmation of charges hearings in Kenya," said Michelle Kagari, Amnesty International's deputy Africa director in a statement Wednesday.

"The proposal to hold hearings in Kenya, if implemented, would bring justice closer to victims and their relatives, and locally affected communities. It would not impinge at all the right to fair trial of those accused by the Prosecutor."

According to AI, the ICC should consider holding such hearings and trials in the states where the crimes were committed so that justice could be served closer to the victims.

It said it was aware of concerns expressed about the security of victims and witnesses in Kenya and urged Kenyan authorities to make sure that security of the proceedings, victims and witnesses is assured...."

SEE ALSO:

3. "Disagreement over proposals to hold ICC hearings in Kenya: Amnesty International is in favour but Luis Moreno-Ocampo opposes suggestion by the Pre-Trial Chamber II that September hearings be held in Kenya," The Hague Justice Portal, 17 June 2011,
http://www.haguejusticeportal.net/eCache/DEF/12/796.TGFuZz1FTg.html

4. "Victims oppose holding the confirmation of charges hearing in Kenya," by Timothy Synhaeve, Victims Rights Working Group, 22 June 2011,
http://www.vrwg.org/home/home/post/24-victims-oppose-holding-the-confirmation-of-charges-hearing-in-kenya/

C. RELATED NEWS AND OPINIONS:

1. "ICC judges pick The Hague for Kenya hearings" by Evelyn Kwamboka, The Standard, 30 June 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000038097&cid=4
2. "Should Confirmation Hearings be held in Kenya? Part II" by Njonjo Mue & Rosemary Tollo, Kenya Trial Monitor, 29 June 2011, http://www.icckenya.org/2011/06/should-confirmation-hearings-be-held-in-kenya-part-ii/
3. "Should Confirmation Hearings be held in Kenya? Part I" by Njonjo Mue & Rosemary Tollo, ICC Kenya Monitor, 28 June 2011, http://www.icckenya.org/2011/06/should-confirmation-hearings-be-held-in-kenya-part-i/
4. "No, Ekaterina, don't try the Ocampo Six in Kenya" by Makau Mutua, Daily Nation, 25 June 2011, http://www.nation.co.ke/oped/Opinion/No++Ekaterina++don+t+try+the+Ocampo+Six+in+Kenya++/-/440808/1188928/-/13amkj8z/-/
5. "Kenya: Government Will Not Support ICC Hearings in Country" by Macharia Wamugo, Nairobi Star, 24 June 2011, http://allafrica.com/stories/201106240209.html
6. "Hague Six differ over proposal to relocate hearings" by Oliver Mathenge, Daily Nation, 18 June 2011, http://www.nation.co.ke/News/politics/Hague+Six+differ+over+proposal+to+relocate+hearings+/-/1064/1184944/-/f26mv0/-/
7. "Kenya: Ocampo Objects to ICC Sittings in Nation" by Nzau Musau, Nairobi Star, 14 June 2011, http://allafrica.com/stories/201106141686.html
8. "ICC: Suspects split over venue for hearings" by Evelyn Kwamboka, The Standard, 14 June 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000037116&cid=4&ttl=ICC: Suspects split over venue for hearings
9. "Group opposes local hearing of ICC cases" KBC, 13 June 2011, http://www.kbc.co.ke/news.asp?nid=70737
10. "Ocampo opposes ICC hearings in Kenya" by Oliver Mathenge, Africa Review, 13 June 2011, http://www.africareview.com/News/Ocampo+opposes+ICC+hearings+in+Kenya/-/979180/1180378/-/6h6hgh/-/
11. "Kenya: Lawyers to Oppose ICC Sittings in Kenya" by Cornelius Mwau, Nairobi Star, 13 June 2011, http://allafrica.com/stories/201106130477.html
12. "Kenya: Trials Push Up Hague Budget" by Alphonce Shiundu, Daily Nation, 12 June 2011, http://allafrica.com/stories/201106130663.html
13. "Why ICC could hold Ocampo Six hearings in Kenya" Daily Nation, 11 June 2011, http://www.nation.co.ke/News/politics/Why+ICC+could+hold+Ocampo+Six+hearings+in+Kenya+/-/1064/1178916/-/hq3mxt/-/

II. OTHER NEWS AND OPINIONS

1. "Merkel urges Kenya to cooperate with ICC", Daily Nation, 12 July 2011
http://www.nation.co.ke/News/Merkel+urges+Kenya+to+cooperate+with+ICC/-/1056/1199420/-/khjlpvz/-/
2. "Ocampo to use leaked US cables as evidence" by Oliver Mathengue, Daily Nation, 12 July 2011, http://www.nation.co.ke/News/politics/Ocampo+to+use+leaked+US+cables+as+evidence+/-/1064/1199130/-/of7h9oz/-/
3. "Kenya: Hague Court - Kibaki Speech Bad for PNU Allies" by Francis Mureithi, Nairobi Star, 11 July 2011-07-12 http://allafrica.com/stories/201107120795.html
4. "Survey: Public anxiety rising in Kenya as 2012 election approaches" by Tom Maliti, ICC Kenya Trial Monitor, 8 July 2011
http://www.icckenya.org/2011/07/survey-public-anxiety-rising-in-kenya-as-2012-election-approaches/
5. "Ocampo claims Uhuru-Mungiki link" by Oliver Mathengue, Daily Nation, 7 July 2011, http://www.nation.co.ke/News/Ocampo+claims+Uhuru+Mungiki+link+/-/1056/1196660/-/t98a33/-/
6. "Kenya Started Its Own Inquiry On Post-Election Violence", Hirondelle News Agency, 6 July 2011, http://www.hirondellenews.com/content/view/14552/564/
7. "Quest for ICC proof stepped up", by Oliver Mathenge, the Nation (Kenya), 6 July 2011, http://www.nation.co.ke/News/politics/Quest+for+ICC+proof+stepped+up+/-/1064/1195982/-/6rt1am/-/
8. "Kenya poll violence probe a sham" by Judie Kaberia, Capital FM, 6 July 2011
http://www.capitalfm.co.ke/news/Kenyanews/Kenya-poll-violence-probe-a-sham-13487.html
9. "Kenya: Local Investigators Quiz Ocampo Six" by Oliver Mathenge, The Nation (Nairobi), 5 July 2011, http://allafrica.com/stories/201107050793.html
10. "Ocampo six 'causing' drought" by Nicholas Anyuor, The Standard, 3 July 2011
http://www.standardmedia.co.ke/InsidePage.php?id=2000038294&cid=349
11. "AU renews call for UN to differ ICC probes in Kenya post-election violence", People's Daily, 3 July 2011, http://english.peopledaily.com.cn/90001/90777/90855/7427665.html
12. "European Union diplomats anxious over election date delay in Kenya", Afrique en ligne, 1 July 2011, http://www.afriquejet.com/news/africa-news/european-union-diplomats-anxious-over-election-date-delay-in-kenya-2011070117084.html
13. "Appeal for ICC evidence rejected" by Oliver Mathenge, The Nation, 30 June 2011, http://www.nation.co.ke/News/Appeal+for+ICC+evidence+rejected+/-/1056/1192414/-/m5c054/-/
14. "Ocampo Six face compensation suit" by Evelyn Kwamboka, The Standard, 27 June 2011, http://www.standardmedia.co.ke/sports/InsidePage.php?id=2000038008&cid=4
15. "Concern raised as JK plays hosts Kenya ICC suspect" by Edward Qorro, The Citizen, 26 June 2011, http://thecitizen.co.tz/sunday-citizen/-/12269-concern-raised-as-jk-plays-hosts-kenya-icc-suspect
16. "Muthaura raids Ocampo team for another lawyer" by Samuel Kumba, Daily Nation, 25 June 2011, http://www.nation.co.ke/News/Muthaura+raids+Ocampo+team+for+another+lawyer+++/-/1056/1189000/-/15gywk3/-/
17. "Ocampo should hand over his case files to Kenya's newly minted DPP" Daily Nation, 24 June 2011
http://www.nation.co.ke/oped/Opinion/Ocampo+should+hand+over+his+case+files+to+Tobiko/-/440808/1188532/-/11749jfz/-/
18. "Kenya: These Are the Last Days of Impunity" by George Outa, Nairobi Star, 23 June 2011, http://allafrica.com/stories/201106240186.html
19. "Mututho summoned over ICC remarks" by Maniafu Nanzushi, KBC, 23 June 2011, http://www.kbc.co.ke/news.asp?nid=70938
20. "Kenya fights to have ICC ruling reversed" Daily Nation, 22 June 2011
http://www.nation.co.ke/News/politics/Kenya+fights+to+have+ICC+ruling+reversed+/-/1064/1187532/-/s5krp7z/-/
21. "Why the Pre-Trial Chamber of the ICC relies on newspaper reports as evidence" by Peter Mwaura, Daily Nation, 17 June 2011, http://www.nation.co.ke/oped/Opinion/Why+the+Pre+Trial+Chamber+of+the+ICC+relies+on+newspaper+reports/-/440808/1184334/-/14mo7rb/-/
22. "Scholarships out, cocktails in - Kenya's response to Hague trials" by Daniel Howden, The Independent, 14 June 2011, http://www.independent.co.uk/news/world/africa/scholarships-out-cocktails-in-ndash-kenyas-response-to-hague-trials-2297099.html
23. "Suspects want more details from Ocampo" Daily Nation, 10 June 2011
http://www.nation.co.ke/News/politics/-/1064/1178544/-/7sr739/-/
24. "ICC judge deals Ocampo another blow" by Bernard Momanyi, Capital FM, 10 June 2011, http://www.capitalfm.co.ke/news/Kenyanews/ICC-judge-deals-Ocampo-another-blow-13153.html
25. "Ocampo threatens to seek sanctions" by Oliver Mathenge, Daily Nation, 9 June 2011, http://www.nation.co.ke/News/politics/-/1064/1178012/-/7sr339/-/
26. "ICC judge to receive views on witness protection" Daily Nation, 7 June 2011
http://www.nation.co.ke/News/politics/ICC+judge+to+receive+views+on+witness+protection+/-/1064/1176808/-/xbfwlaz/-/

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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