Bensouda signals readiness to refer ICC cases back to Kenya

Posted by: The People in National May 31, 2013 0 308 Views

By WANJOHI GITHAE

The International Criminal Court appeared ready to let go of the cases affecting President Uhuru Kenyatta and Deputy President William Ruto after the Chief Prosecutor stated she is ready to debate the future of the cases. Chief Prosecutor Fatou Bensouda said the decision to defer the charges to Kenya will have to be endorsed by the trial judges after they are satisfied that the state (Kenya) is capable of prosecuting the cases.

President Uhuru’s trial is due to begin in July while that of Ruto and radio presenter Joshua Sang, which was scheduled to begin on May 28, was pushed forward to an unknown date. The judges are yet to rule on the application by the two to have the hearing of the case start in November. Both Uhuru and Ruto have promised to cooperate with the ICC.

In response to an email sent to her by The People, Bensouda said the only way for justice to take its course is through judicial channels, with each step decided by the judges, and not by political bodies or the media. “This is a judicial process, the outcome of which is independently decided by judges. The OTP (Office of the Prosecutor) stands ready to engage in any legal debate regarding its on-going cases in Kenya,” she said.

Kenya has previously asked ICC to refer the cases against President Kenyatta, his Deputy William Ruto and former radio journalist Joshua arap Sang back to the country. Bnesouda’s change of heart comes after persistent and unprecedented diplomatic pressure from the Africa Union to have the cases referred to Kenya. AU General Assembly last week passed a resolution that called on ICC to refer the cases back to Kenya or face mass withdrawal from the 34 African nations that are signatories to the Rome Statute.

The resolution was proposed by Uganda and was supported by all members except Botswana. Bensouda left no doubt the AU move had an impact on the case. “The Office of the Prosecutor (OTP) appreciates the AU’s unflinching commitment to combat impunity for serious crimes. The OTP reiterates its readiness to work with the AU and all States Parties to end the suffering of millions of victims of atrocious crimes around the world,” she said.

Proceedings The process of refereeing the case to Kenyan courts would require that Kenyan authorities satisfy the judges that they are genuinely conducting proceedings against the same person/s for the same crimes. A month ago Chief Justice Dr Willy Mutunga initiated a process that will see the creation of a division of the High Court to deal with international crimes.

Dr Mutunga said the court will not deal with crimes that are spelt out in the Rome Statute but other crimes of international nature, such as piracy. On Wednesday the ICC office of the presidency under Sang-Hyun Song issued a statement and reiterated its willingness to work with AU. “The International Criminal Court acknowledges and respects the African Union’s important role as the continent’s main regional organisation.

As an impartial international judicial institution, the ICC, including its independent Office of The Prosecutor, strives to maintain good working relationships with all relevant international and regional bodies, including the African Union,” read the statement. The statement noted that ICC is an independent judicial body which follows strict legal provisions.

The judges of the court have the final say on which route a case may take thus absolving the OTP from any expectations to refer the cases. The ICC President said the Rome Statute defines the criteria for deciding whether cases should be tried before the ICC or in a national judicial system.