Monday 23 January 2012

ICC judges confirm cases against

ICC judges confirm cases against
four top Kenyans

A picture released on December 15, 2010 by the Hague-based International Criminal Court (ICC) shows a combo of the six Kenyans, named by prosecutor Luis Moreno-Ocampo, alleged to have masterminded the 2007-08 post-election violence that claimed 1,500 lives.
By EMMANUEL ONYANGO
Daily Nation
January 23, 2012
Pre-trial Judges at International Criminal Court on Monday confirmed charges against four of the six Kenyan suspects claimed to have played the biggest role in the 2007 2008 post-election violence that took the country to the precipice of civil war.
In a majority decision, the judges confirmed charges against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Head of Civil Service Francis Muthaura and journalist Joshua arap Sang.
Charges against Tinderet MP Henry Kosgey and former Police Commissioner Hussein Ali were not confirmed after the Judges found insufficient grounds for sustaining them.
Judges Ekaterina Trendafilova and Cuno Tarfusser voted to the affirmative while Judge Hans-Peter Kaul dissented.
"After having thoroughly examined and analyzed individually and collectively all the evidence presented, the Chamber, by majority, decided to confirm the charges against four of the six suspects, as will be explained later in more detail.
"Judge Kaul appended a dissenting opinion in both cases. He maintains that the ICC is not competent because the crimes committed on the territory of the Republic of Kenya during the post‐election violence of 2007‐2008 in his view were serious common crimes under Kenyan criminal law, but not crimes against humanity as codified in Article 7 of the Rome Statute," said Judge Trendafilova who read out the ruling.
"As to the criminal responsibility of Mr. Ruto and Mr. Sang, the Chamber found, on the basis of the evidence presented, that they are responsible for the charges levied against them.
"In particular, Pre‐Trial Chamber II confirmed the charges against Mr. Ruto as an indirect co‐ perpetrator with others, while it found that Mr. Sang contributed to the commission of said crimes against humanity.Continued

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