ICC authorises Kenya chaos investigation

[Namtih58]

Judges at the International Criminal Court at The Hague have authorized prosecutor Luis-Moreno Ocampo's request to investigate Kenya's post election violence.

ICC authorises investigation into Kenya chaos​

ICC Prosecutor Luis Moreno-Ocampo​

Posted Wednesday, March 31 2010 at 16:15


Judges at the International Criminal Court at The Hague have authorized prosecutor Luis-Moreno Ocampo's request to investigate Kenya's post election violence

Two of the judges approved the investigation while one dissented.

"The information available provides a reasonable basis to believe that crimes against humanity have been committed on Kenyan territory," a statement from ICC notes.


It goes on: "The majority moreover found that all criteria for the exercise of the Court's jurisdiction were satisfied, to the standard of proof applicable at this stage."


Meanwhile, the Prosecutor will on Thursday, April 1, outline the steps he will take in investigating the crimes committed in Kenya during the post-election violence.

Luis Moreno-Ocampo will be holding a news conference at The Hague at 10am (11 am Kenyan time)

European Union (EU) delegation to Kenya said ICC's decision was an "important step towards ending impunity in Kenya"

In a statement, the EU delegation noted that ICC's involvement was a result of the "failure by Kenya's State institutions to establish a local special tribunal, and followed the process contained in the Waki Report, adopted by the Kenyan Government and Parliament in 2008/9."

EU also expressed concern over the continued harassment and intimidation of potential witnesses of the post-election violence.

There has been calls for the protection of potential witnesses by Kenyan human rights lobbyists, who cite threats to the their lives.

Prosecutor Moreno-Ocampo asked judges last November to approve an investigation into the Kenya violence. The judges requested for additional information February this year.

In his presentation to the Pre-Trial Chambers in March this year, Mr Moreno-Ocampo said Kenyan political leaders organised and financed the attacks against civilians.

More than 1000 people were killed and 650,000 displaced in the post-election mayhem that rocked the country.

Zaidi hapa

 

[PakaJimmy]

If this is not taken with due care, they can lead to another erruption of violence in Kenya!

May Peace reign!

 

[Ab-Titchaz]

Ripoti kamili hii hapa:

http://www.icc-cpi.int/iccdocs/doc/doc854287.pdf

 

[Black Jesus]

Yupo Wapi Mheshimiwa Jakwaya Mrisho Kikwete Akawakingie Kifuwa Majirani zetu, Kama alivyofanya wakati Ule wa Rais wa Sudan. Alipotakiwa Kwenda Kujibu Mashitaka yake.

 

[Nkamangi]

Yupo Wapi Mheshimiwa Jakwaya Mrisho Kikwete Akawakingie Kifuwa Majirani zetu, Kama alivyofanya wakati Ule wa Rais wa Sudan. Alipotakiwa Kwenda Kujibu Mashitaka yake.

Mpendwa, jina lako linanikwaza, unaweza kulibadilisha?

 

[jmushi1]

Mpendwa, jina lako linanikwaza, unaweza kulibadilisha?

Ha ha ha Nkamangi! Was Jesus Christ white?

 

[Masanja]

As a long supporter of ICC, I strongly feel that Africa we should put our houses in order. Ofcourse I know, hapa watakuja watu na kuanza kulalamika eti Ocampo anawatarget waafrika (maana mpaka sasa investigations za ICC zote ziko Africa; Sudan, Uganda, Kenya, Congo na Central Africa). Lakini ukweli ni kwamba viongozi wetu wa Africa wameshindwa kabisa kutambua misingi ya kujitawala na kuwaongoza wananchi wao. Perhaps, Ocampo can speak the language which they can understand.

I only hope that, as we move forward, Africa will fully take its responsibility to address this injustice against its own citizens. Inasikitisha sana kuona Kenya walishindwa kuunda hata tribunal kudeal na vurugu za uchaguzi! Imagine poor Kenyans living in IDP camps...wakati waliowasababisha kwenda huko wanatanua...No I say, Africa, we dont deserve to be taken serious by the international community, if we ourselves can not do so!

 

[Ubungoubungo]

As a long supporter of ICC, I strongly feel that Africa we should put our houses in order. Ofcourse I know, hapa watakuja watu na kuanza kulalamika eti Ocampo anawatarget waafrika (maana mpaka sasa investigations za ICC zote ziko Africa; Sudan, Uganda, Kenya, Congo na Central Africa). Lakini ukweli ni kwamba viongozi wetu wa Africa wameshindwa kabisa kutambua misingi ya kujitawala na kuwaongoza wananchi wao. Perhaps, Ocampo can speak the language which they can understand.

I only hope that, as we move forward, Africa will fully take its responsibility to address this injustice against its own citizens. Inasikitisha sana kuona Kenya walishindwa kuunda hata tribunal kudeal na vurugu za uchaguzi! Imagine poor Kenyans living in IDP camps...wakati waliowasababisha kwenda huko wanatanua...No I say, Africa, we dont deserve to be taken serious by the international community, if we ourselves can not do so!

I agree with you. I am glad the ICC has decided to do this. There is a claim by some african countries, especially those who support Al Bashir that the ICC is targeting Africa since nobody out of Africa has been dealt by it. Some of them will come argue in this thread as well. but they have no point, if you take the example of kenya, they were given chance to prosecute perpetrators in their own legal system but they didn't. there is a principle in teh ICC statute called, the principle of complimentarity under art. 17 and 22, which gives the ICC power to prosecute perpetrators if the state where he comes from is unwilling or unable to do it by its own. that means, the first priority to put the perpetrator into justice is given to the states themselves, and if they will do it as a sharm in order to shield the suspect, or if they will show unwillingness by unjustified delay like what happened in kenya, or if they are unstable in their judicial system like somalia or Rwanda during the genocide period, the ICC will step in. WITH THE CASE OF KENYA, they show that they were unwilling, since there is a clear unjustified delay...everyone here remembers how Kofi Anan insisted on it. unjustified delay here reasonably is a period above one year. kenya qualifies every aspect for the ICC to step in.

This is a very good example which other countries in Africa have to learn. unaweza ukafanya kitu chochote kibaya kwa wananchi, unaweza ukatoa incitements to the public kufanya maovu, lakini ujue the international community is looking at you, one day you may end up alone at the ICC kama vile kina Jean Pierre Bemba wa congo, kina Joseph kony na wengine wengi. its a lesson to our politicials, you have got to learn something hapa, hasa tunavyoelekea kwenye uchaguzi mwaka huu, wengi hawajui kuwa a simple incitement to the public can amount the offence of genocide or crime against humanity. haya sasa wakenya, those big fish lazima wakamatwe, and Kenya is a signatory to the ICC that means they have an obligation to arrest and produce those guys to the hague. hongera ICc.

 

[Nkamangi]

Ha ha ha Nkamangi! Was Jesus Christ white?

It doesn't matter to me whether he IS burgundy or lime green Mr Mushi, what I find appalling sir is the fact that this fellow calls himself Jesus (who is the Messiah), unless of course if the person is Spanish like Madonna's young fella

 

[Mwana wa Mungu]

Yupo Wapi Mheshimiwa Jakwaya Mrisho Kikwete Akawakingie Kifuwa Majirani zetu, Kama alivyofanya wakati Ule wa Rais wa Sudan. Alipotakiwa Kwenda Kujibu Mashitaka yake.

haujui unachoongea, awakingie kifua kina nani, kwani wanaonewa? try to read what ubungo has written above, pia you should understand that, fighting against international crimes (war crimes, genocide, crimes against humanity, piracy and torture) is the duty of the international community and I don't think Kikwete is anybody to stand protect evils before the international community, hivi unamtumaini sana huyo kikwete ehee, acha siasa za kitanzania na za kisisiemu hizo, halafu, hilo jina unalojiita, kama Yesu akitukanwa hapa JF kwasababu yako, utalipa consequences. Hebu mheshimu Mungu, acha utani kwenye mambo ya msingi, badilisha hilo jina, ninapunguza heshima ya Yesu Kristo. kama wewe ni mtu mzina na mwelewa, naomba uelewe na ufanye hivyo tafadhali.

 

[Ab-Titchaz]

Wakuu wa JF,

Hii ishu ya ICC hapo Kenya haishi leo maana ni mpaka kieleweke tu. Wanasiasa
wanaojulikana majina walitumia nafasi zao na ukaribu wao na Ikulu kupanga
mauji ya wafuasi wengi wa ODM. Kwa ubavu wa pili pia inasidikiwa kua baadhi
ya vigogo ndani ya ODM kwa upande wao walishiriki katika kupanga mauaji
ya jamii ya wakikuyu na wakisii waliokua wanaishi mitaa ya Bonde la Ufa.
Nitazidi kuwapa data kadri ninavyozipata.

I'm gathering my popcorn as I watch this drama unfold.
Welcome to the New Kenya.

 

[Nangetwa]

I wholeheartedly support this cause to remove impunity in African countries. I hope the prosecutor will be able to nail the mastermind of the crime.

 

[paradox]

It doesn't matter to me whether he IS burgundy or lime green Mr Mushi, what I find appalling sir is the fact that this fellow calls himself Jesus (who is the Messiah), unless of course if the person is Spanish like Madonna's young fella

Nice one

but honestly Jesus is just another name like Bob or John or Mohammed (there are millions of people named after the Prophet but you don't see muslims whining about it

) and on a more serious note, it's about time the ICC began doing what Kenyans have clearly failed to do on their own, some may say that the ICC is unfair because it's targeting Africans only but in reality it's not (you can take the former Yugoslavia as an example). If Africans can't clean up their act then it's best if someone else steps in to do what's right for a change.

 

[Ab-Titchaz]

OTP Press Conference on Kenya
Prosecutor Moreno‐Ocampo's Statement

1st April 2010

The judges decided. There will be justice in Kenya. To contribute to the prevention of crimes during the next election we must proceed promptly. We will. There is a list of 20 suspects, but it is not binding. We envision at least two cases against one to three persons in each case. We will focus on those most responsible according to the evidence that will be impartially collected. We aim to finalize the bulk of the investigation during 2010. We will present our case before the Judges. They will decide. This is a judicial process.

The investigation will focus on those most responsible for the most serious incidents. We will try to conduct an expeditious investigation, aiming to present a sample representative of the crimes committed.

We envision at least two cases against one to three persons in each case. We will focus on those who, according to the evidence that will be collected in the course of our independent investigation, are most responsible.

The Office has presented a preliminary list of 20 political and business leaders to the Judges, belonging to or associated with both parties, the PNU and ODM. As you know, this list was just indicative. It is not binding.

We have to collect evidence to finally decide on the names of those who could go to trial. Our duty is to investigate both incriminating and exonerating information. Persons under suspicion can request to be interviewed by my Office in order to provide the explanation that they consider appropriate. We will respect the rights of suspects.

Now that the opening of the investigation has been authorized, I will travel to Kenya in May. I will meet with those who suffered from the violence, and I will visit some of the crime scenes. I will listen to the victims; respect their views and request justice for them in Court.

We have a duty to protect each of our witnesses and we will do it independently. It is also the responsibility of the Kenyan authorities to ensure that all those who speak in favour of justice are duly protected.

We normally call few witnesses to trial, around 30 in the Lubanga case, and a similar number in the Katanga/Ngdujolo case. We will try to present a reduced number of witnesses in the Kenyan cases in order to limit the risk of exposure.

We plan to finalize the bulk of the investigation during 2010. We will present our case before the Judges. They will decide. This is a judicial process.

We will evaluate the best way to ensure the appearance of the suspects in Court. We can request a sealed arrest warrant, a public arrest warrant or, if the suspects express willingness to cooperate and accept to appear voluntarily, a summons to appear. The judges will then decide.

I will engage in this process with the Kenyans, with all the communities. This Court is their Court. Kenyan leaders - women, youth, tribal, judicial, political, religious, all have a role to play. I want to understand them and analyze how my office and all Kenyans can work together to prevent of future violence.

The 50th anniversary of Kenya's independence is coming, it will be a historic opportunity to show an example of how one country overcomes violence
​

 

[Nanu]

Anyway, there should be indepth and unbiased investigations to ensure that whoever will be brought to the Hague s/he actually deserve it. It should also be carried out carefully to ensure it would stir any violence anymore.
But just as a caution, I don't know exactly leader who was leading the riots and killings but it was carried out by individuals and these individuals had no sect like Mungiki nor that they had a certain known organisation. If they acted out of their frustrations and depressions due to oppressions that they have experienced for a long and still when they thought that they will be listened for changing of regime, the regime robbed their right they totally become mad. Even if you take everybody to court, for sure if the root causes have not been identified correctly and the right solutions developed instead of addressing the signs only, I will tend to believe that the clashes may re-occur again may be not next year, but it will happen again.
Kenyans need to identify the root causes and address them amicably and in doing so, we will have the peacefull and safe Kenya.

 

[Ab-Titchaz]

 

[Wacha1]

Mzimu wa Tom Mboya, then Kariuki bado utawala hadi kuwamaliza.