• About US
  • Our Work
Friday, August 1, 2025
  • Login
Journalists For Justice (JFJ)
  • 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
Journalists For Justice (JFJ)
No Result
View All Result

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

byJournalists For Justice
September 19, 2016
in ICC Cases, Kenyan Cases
Reading Time: 2 mins read
25
A A
ICC judges cite Kenya for failure to cooperate in the Uhuru Kenyatta case
8
SHARES
87
VIEWS
Share on FacebookShare on TwitterShare on Whatsapp

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 on investigations, even though the Democratic Republic of Congo, although it has been cited alongside Uganda, Sudan, Chad and Djibouti at the ASP and the UN Security Council for failing to arrest Sudanese President Omar el Bahssir who is wanted at the ICC for genocide and war crimes. 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.

RelatedPosts

Dilemma of ICC-wanted Netanyahu’s visit high on the agenda of new leadership in Germany

Impunity continues to rob Sudanese victims of peace and justice

Rodrigo Duterte arrest heralds hope for justice for Philippines’ victims of ‘war on drugs’

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.

Already, Kenya has threatened to withdraw its signature from the Rome Statute, the treaty creating the ICC, with a private member’s draft law to make good the threat being considered in the National Assembly.

Share3Tweet2Send
Previous Post

Mengistu aide faces fresh war crimes charges for Ethiopia genocide

Next Post

Congolese warlord Ntaganda’s hunger strike enters third week

Next Post

Congolese warlord Ntaganda's hunger strike enters third week

Please login to join discussion

Recent Posts

  • Elusive Sanna Manjang continues to rob Gambian victims of hope for justice
  • Justice for CAR victims as ICC sends two militia leaders to prison for brutal crimes
  • ICJ’s groundbreaking advisory opinion brings new hope to victims of climate change disasters
  • Peace efforts without justice for victims will not stop future conflict in DRC
  • Deadly duty: Journalists pay a high price as attacks on the media shoot up

About

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.

Twitter Facebook Instagram LinkedIn

Archives by Month:

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
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.