• About US
  • Our Work
Tuesday, March 21, 2023
  • Login
JFJ - Journalists for Justice
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
JFJ - Journalists for Justice
No Result
View All Result

ICC has no jurisdiction if it does not find a network that Sang was in: Katwa Kigen

byJournalists for Justice
December 29, 2021
in ICC Cases, The ICC
Reading Time: 3 mins read
A A

Katwa Kigen, the Defence Lawyer for Journalist arap Sang

Defense lawyer for journalist Joshua Sang on Wednesday told the Pre-Trial Chamber Judges of the International Criminal Court that the prosecution’s evidence against him on its face value manifests his innocence.

Katwa Kigen, argued in his no-case-to-answer oral submissions that both the Prosecution’s evidence and own witnesses informed that Sang was innocent.

Katwa made the arguments that Sang played no role in the alleged network that the prosecution said he played a part in with his co-accused William Ruto.

RelatedPosts

ICC Issues Arrest Warrants for Putin and Lvova-Belova in Ukraine Conflict

Darfur victims to wait longer for justice as Khan’s new strategy faces challenges

New ICC Registrar to take office in April

“For the last five years the Prosecution has never  presented an audio before the chamber to show Mr. Sang is culpable of the alleged crimes,” Said Katwa. This was in reference to the Prosecution’s allegations that Sang used his position as aradio journalist to popularize the objectives of the network.

The Defense Lawyer thus, asked the Chamber to make a finding if whether Sang broadcast propaganda against the PNU party supporters, funned violence by encouraging his supporters to expel the Kikuyu and if he called on the perpetrators to initiate the attacks.

Read: 

  • My evidence is sufficient to jail Ruto and Sang says Fatou Bensouda 
  • Bensouda concludes her Prosecution case in Ruto and Sang trials
  • Ruto and Sang demand an acquittal of the ICC charges

Sang’s Defence informed the Chamber that without the existence of a network, it had no jurisdiction to listen to the matter or it had to be excluded.

“If you do not find a network, network with an organisational policy, this is an international court then it has no jurisdiction,”

“We maintain there is no network, there is no jurisdiction. We insist that you must find a network. If not the issue be excluded,” reiterated Katwa besides more academic inquiries from Judge Chile Eboe-Osuji the Presiding judge.

Katwa maintained that, it was possible to prosecute an alleged suspect, but if the ingredients: hierarchy, organization network policy does not exist then, there was no jurisdiction.

“Whichever approach you give it, Article 7(2) of the Rome Statute there is no way Mr. Sang is capable of the charge. You have no jurisdiction to try him and the first accused. You have no jurisdiction.”

Katwa insisted that Sang’s close proximity to the alleged persons mentioned by the Prosecutor to be part of the network was only two person: Jackson Kibuor and William Ruto and that the Prosecution was not able to show any relationship or linkage between what Sang did or failed to do with a criminal event.

“In any case, Mr. Sang was a very disloyal member. If at all a network existed, he would have been a member, and he would have been charged with treason for going against its objectives. Sang preached peace,” says Katwa. 

Previous Post

Sections of No case to answer hearing motion held in private to protect witness identification

Next Post

Defence pleads for William Ruto’s ICC case to end in an acquittal

Next Post

Defence pleads for William Ruto's ICC case to end in an acquittal

Please login to join discussion

Recent Posts

  • New marathon international trial in The Hague?
  • ICC Issues Arrest Warrants for Putin and Lvova-Belova in Ukraine Conflict
  • Félicien Kabuga’s IRMCT trial suspended indefinitely over dementia claims
  • Darfur victims to wait longer for justice as Khan’s new strategy faces challenges
  • The Hague to host new Ukraine Damage Register

Follow us on Twitter

JFJ – Journalists for Justice

We call out impunity wherever it occurs; we advocate justice for all victims of atrocity crimes; and we work with people of goodwill everywhere who share our values.

Subscribe to our Newsletter


Loading

No Result
View All Result
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers

Copyright © 2019. Journalists for Justice has asserted its right to be recognized as creators and owners of the content here. Reproduction in part or in whole is permitted on condition that JFJ is acknowledged and notified.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.