Kenyans can join a global audience to watch the ‘Ocampo Six’ confirmation hearings at The Hague live on their computers and television sets on April 7 and 8. This is a historic moment, as it will be the first time the appearance of Kenyan suspects in a courtroom becomes a live international event. As the six make their initial appearance in Courtroom 1 of the International Criminal Court Pre-Trial Chamber II at The Hague, the entire proceedings will be captured live by satellite broadcast through Eurovision, free of rights, and free of charge in Europe, Asia, North and South America, and Africa.
However, the 35 MPs accompanying them will need to have booked their seats at the public gallery, which is separated from the main courtroom by see-through bulletproof glass.
They must arrive no later than 10.15am (9.15am at The Hague), and use the public entrance where they will undergo a tough security check to ensure they do not enter with phones or cameras, as any recording, filming or photography is not allowed inside the courtroom. Those without valid identification cards would not be allowed in.
Live web streaming (via the Internet) of the hearing will also be available without the usual 30-minute delay at the link: http://livestreamxs4all.nl/icc5.asx)
"The hearing is being held to verify the identity of the suspects and to ensure that they have been informed of the crimes, which they are alleged to have committed, and of their rights under the Rome Statute, founding treaty of the ICC," said communication from the court.
The media will enjoy modern facilities at the Media Centre with the court providing feed from Courtroom I to the ‘hot-desk area’.
The Ocampo Six yesterday got their special visas that limit them to travel only within The Netherlands, Luxembourg and Belgium. Those accompanying them got the normal Schengen visas that give them access to all the 17 European Union countries.
Shuttle diplomacy
News of the developments came as UN Secretary General Ban Ki-moon met President Kibaki and Prime Minister Raila Odinga and delivered a tough message that the country must tackle impunity.
Addressing journalists after the meeting, Ban Ki-moon said he has no powers to convince the United Nations Security Council to rule in favour of President Kibaki’s request for a postponement of the two cases against the six suspects.
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His statements appeared to dim any hopes that the expensive shuttle diplomacy spearheaded by Vice- President Kalonzo Musyoka to lobby the permanent members of the United Nations Security Council to defer the cases would succeed.
Mr Ban Ki Moon issued the statement in Nairobi, as the Government rushed to file an application challenging the admissibility of two cases before the ICC.
Attorney General Amos Wako, Director of Prosecution, Keriako Tobiko, and Solicitor-General, Wanjuki Muchemi, will leave for Amsterdam on Tuesday to support the application lodged by Sir Geoffrey Nice, and Rodney Dixon, the counsel the Government hired.
Eldoret North MP, William Ruto, Tinderet MP, Henry Kosgey, and Kass FM radio presenter, Joshua arap Sang, will appear in Courtroom 1 on April 7. Uhuru Kenyatta, Francis Muthaura, and Maj-Gen (Rtd) Hussein Ali appear the following day.
"The hearing is being held to verify the identity of the suspects and to ensure they have been informed of the crimes, which they are alleged to have committed, as well as of their rights under the Rome Statute," said a statement on the ICC website yesterday.
Kenyans will follow court proceedings through a live web streaming of the hearing to be made available, with no delay, on the ICC website, through several links provided for TV channels.
The import of Ban Ki-moon’s statement is that the country is now at the mercy of ICC judges.
Short of telling Kenya ‘You are on your own’ Ban Ki Moon told the Government not to count on him because he neither has influence on the UN Security Council nor the ICC over the handling of The Hague cases.
Yesterday, Wako confirmed that the Government filed an application challenging the admissibility of two cases touching on the six prominent officials at the International Criminal Court at The Hague.
The UN boss spoke to journalists at the UN headquarters in Gigiri, shortly after seeing off President Kibaki, who had officiated at the opening of the world body’s new, ultra-modern offices.
Frank statement
In his speech, President Kibaki had stressed that the new Constitution had ushered in reforms in institutions that empower the country deal with challenges and appealed for the support of the international community.
Ban Ki-moon said in meetings with President Kibaki and Prime Minister Raila, he had urged that they work together to complete reforms, end impunity, and bring justice to victims of post-election violence.
But it is the UN chief’s frank statement on Kenya’s quest for the postponement of ICC trials that will damper the hopes of authorities, coming a week before the Ocampo Six appear at The Hague to answer to crimes against humanity charges the Prosecutor seeks to prefer against them.
Ban Ki-moon said his position on Kenya’s request for a deferral under Article 16 of the Rome Statute — on grounds the cases are a threat to international peace and security — can be determined by UN Security Council.
He recalled President Kibaki had sent Vice-President Kalonzo Musyoka to New York earlier last month, to lobby for deferral.
Ban Ki Moon added: "I have taken note of concerns and the wishes of the Kenyan Government. But my position on the deferral under Article 16 is that, it has to be determined by the UNSC."
On the ICC, he observed: "The UN Secretary General has no role in the International Criminal Court. It is an independent judicial institution, with its own authority to handle this matter."
The Government has resorted to Article 19 of the Rome Statute, which establishes the ICC, to press the international court to refer the cases so they can be prosecuted through a local judicial mechanism.
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