English   |    French

  Thursday AM

ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case

Journalists for Justice / 20 September 2016

 New battle lines opened up between Kenya and the International Criminal Court after judges found that the government had failed to honour prosecution requests for information in the case against President Uhuru Kenyatta.

The decision will be a Pyrrhic victory for ICC Prosecutor Fatou Bensouda, who was forced to terminate the case against Kenyatta for lack of sufficient evidence, which she blamed on the Kenya Government’s failure to supply.

Trial Judges Kuniko Ozaki (presiding) Robert Fremr and Geoffrey Henderson referred Kenya to the Assembly of States Parties 13 months after the Appeals Chamber at the ICC ordered them to review their December 3, 2014 decision in which they had made a finding of non-compliance but stopped of short of recommending any action.

Kenya is the first country to be referred to the ASP for failing to honour its treaty obligations to cooperate with the court, and the annual ASP, scheduled for November 16 and 24 this year, will likely turn into a diplomatic battleground even though the referral might not come up for formal discussion.

Judges decided that “judicial remedies had been exhausted and that the cooperation proceedings had reached a deadlock”.

“Despite the passage of a further 18 months … it appears that no further progress has been made in implementation of the [prosecution’s request],” the judges said in their 18-page decision released on Monday.

Since 2013, after crimes against humanity charges were confirmed for four Kenyatta, former head of the public service Francis Muthaura, Deputy President William Ruto and journalist Joshua arap Sang, has sent large delegations to the ASP each year at The Hague and in New York to lobby for rule changes and termination of the cases. Other diplomatic endeavours have targeted the African Union, whose open-ended ministerial committee on the ICC is expected to meet the United Nations Security Council this week to push for immunity of heads of state from prosecution, as well as the deferral of the genocide and war crimes cases against Sudanese President Omar el Bashir. They also hope to raise issues on the execution of arrest warrants, rules of procedure and the use of regional courts in place of the ICC.






< >

Other Headlines

How I survived the LRA attack on the Pajule camp, by ICC witness

BY Journalists for Justice / ON 22 March 2017

New challenges for ICC on the horizon from the North as African threats to withdraw recede

BY Journalists for Justice / ON 22 March 2017

LRA soldiers cut up villager's body, cooked it and fed to his neighbours

BY Journalists for Justice / ON 21 March 2017

How attack on Pajule IDP camp was planned, by ICC witness

BY Journalists for Justice / ON 13 March 2017

Museveni brother’s name crops up a third time at Ongwen’s ICC trial

BY Journalists for Justice / ON 11 March 2017

Court hears details of last moments of LRA deputy leader Vincent Otti

BY Journalists for Justice / ON 09 March 2017

Fear and loathing at Dominic Ongwen’s ICC trial

BY A map of the Barlonyo massacre / ON 08 March 2017

South Africa revokes notice to withdraw from the ICC

BY Journalists for Justice / ON 09 March 2017

You failed us on truth report, violence victims tell Uhuru Kenyatta

BY Journalists for Justice / ON 01 March 2017

Revealed: How prosecutors fought to protect witnesses in Kenyatta case

BY JFJustice / ON 08 February 2017

There is no way Kenya was going to take the AU chair

BY Ambassador Amina Mohammed / ON 02 February 2017

Bensouda challenges UN security council to end impasse on Darfur

BY Journalists for Justice / ON 09 January 2017