International Criminal Court Prosecutor Fatou Bensouda has objected to the 14th Assembly of State Parties statement on Rule 68 being placed in the appeals record of the William Ruto and Joshua Sang trials.
Bensouda was responding to Joshua Sang’s Defence that seeks to have the statement of the ASP on amended rule 68 placed into the appeals record.
However, the Prosecutor notes that, “If , however, the Appeals Chamber is of the view that the relevance of the ASP Statement requires further analysis, the prosecution requests the chamber to order the Sang Defence to substantiate the procedural and legal basis for its addition to the record and permit the parties and participants to respond accordingly.”
According to the records, the Assembly of State Parties approved to Kenya’s requested language on the non-retroactive amended Rule 68 on using pre-recorded witnesses testimony.
“Following the debate on the supplementary item “Review of the Application and Implementation of Amendments to the Rules of Procedure and Evidence introduced at the Advance version ICC-ASP/14/20 20-E-031215 13 12th Assembly”, the Assembly recalled its resolution ICC-ASP/12/Res.7, dated 27 November 2013, which amended rule 68 of the Rules of Procedure and Evidence, which entered into force on the above date, and consistent with the Rome Statute reaffirmed its understanding that the amended rule 68 shall not be applied retroactively.”
This retroactive use of rule 68 is currently before the ICC Appeals Chamber.
On the other hand, Trial Chamber V (a) has scheduled a status conference for Tuesday next week to review the progress in the trial of William Samoei Ruto and journalist Joshua arap Sang at the International Criminal Court (ICC).