English   |    French

  Tuesday PM

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


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

ICC judges pay their respects to victims of Auschwitz

BY Journalists for Justice / ON 27 June 2017

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

Looking Uhuru Kenyatta’s IDP gift horse in the mouth

BY Journalists for Justice / ON 27 June 2017

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

UN puts British colonialism In Africa before Hague world court

BY Journalists for Justice / ON 27 June 2017

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

Ntaganda takes the stand in his own defence at the ICC

BY Susan Kendi / ON 27 June 2017

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

Human rights violations persist in a climate of widespread fear in Burundi

BY Susan Kendi / ON 27 June 2017

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

Kenyatta urged to act on rising number of uninvestigated extra-judicial killings

BY Susan Kendi / ON 27 June 2017

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

Acholi chief reveals his role in peace talks efforts between LRA and Museveni

BY Susan Kendi / ON 16 June 2017

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

Affaire Ntaganda : La Chambre d’appel de la CPI confirme la compétence de la Cour pour connaître de deux chefs de crimes de guerre

BY Journalists for Justice / ON 27 June 2017

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

Le Procureur de la CPI demande que les suspects, Messieurs Saïf Al-Islam Qadhafi et Al-Tuhamy Mohamed Khaled,soient immédiatement arrêtés et remis à la Cour

BY Journalists for Justice / ON 27 June 2017

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

Bensouda: Olive branch of peace is barren without the trunk of blind justice

BY Journalists for Justice / ON 13 June 2017

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

Ntaganda defense off to a rocky start as lawyers reel Rwanda, Uganda into trial

BY Susan Kendi / ON 13 June 2017

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

How LRA fighters lived with and fought alongside South Sudanese soldiers

BY Journalists for Justice / ON 23 May 2017

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

Ongwen still my boss, my friend and my brother – witness tells court

BY Journalists for Justice / ON 11 May 2017

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

Thousands of post-election violence rapists went scot-free in Kenya

BY Editor / ON 02 May 2017

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

How victims brought a cruel dictator to justice

BY Journalists for Justice / ON 02 May 2017

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

Judge Trendafilova heads new international court as it holds first public session

BY Journalists for Justice / ON 12 May 2017

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

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

BY Journalists for Justice / ON 22 March 2017

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

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

BY Journalists for Justice / ON 13 March 2017

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

Fear and loathing at Dominic Ongwen’s ICC trial

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

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

South Africa revokes notice to withdraw from the ICC

BY Journalists for Justice / ON 09 March 2017

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

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

BY Journalists for Justice / ON 01 March 2017

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

Revealed: How prosecutors fought to protect witnesses in Kenyatta case

BY JFJustice / ON 07 April 2017

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

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

BY Ambassador Amina Mohammed / ON 02 February 2017

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

Bensouda challenges UN security council to end impasse on Darfur

BY Journalists for Justice / ON 09 January 2017

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

BY Journalists for Justice / ON 12 August 2016