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Kenya managed to secure support from willing Nations enabling for the passing of the amendments. The President and the deputy President will now be able to perform their duties as the constitutional demands of them, without interference and interruption from any quarters.
Exclusive Interview: ONE on ONE with the President of the Assembly of States Parties, Ambassador Tiina Intelmann:
Asked whether she has confidence in the ICC Judges and the Chief Prosecutor, Ambassador Intelmann told African Press International that she has confidence in them, adding that should any Member State raise a complaint against any of them, she will not hesitate taking the matter up, with the Assembly of State Parties, in line with the laid down procedures in the Rome Statute and so far no Member State has raised any complaint against their performance.
With the new amendments passed, Kenya is today a proud Nation having had learned minds and qualified negotiators in their delegation that worked in a focused manner on the issues tirelessly with a desire to ensure success. Lobbying was very important and the delegation managed to make friends with some Nations that were considered hostile to the desired amendments. They finally got their support to the amendments as put forward by the working group.
Some of the Members of the Kenya Delegation to the Twelfth Session of the Assembly of States Parties in the Hague between 20th – 28th November 2013:
The brains that made Kenya and the Presidency proud by carrying the day at the negotiation table in securing the necessary amendments that will contribute to Kenya’s stability.
http://www.africanpress.me/ Some of the members of the Kenya Delegation during the Twelfth Session of the Assembly of States Parties held in the Hague from the 20th to 28th of November 2013
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http://www.africanpress.me/ Some of the members of the Kenya Delegation during the Twelfth Session of the Assembly of States Parties held in the Hague from the 20th to 28th of November 2013
The KenyanNGOs who participated during the Session chose to organise many side events that was meant to derail the negotiation process to secure the new amendments. The passing of the amendments was a big blow to them. Their aim was to impress upon Member States delegates to reject any amendments that would allow the two Kenyan leaders, President Kenyatta and Deputy President Ruto to be excused from continuous presence in the court and only be represented by counsel.
On realised that their efforts were fruitless, most of the NGOs packed their things and left the Conference center hurriedly travelling back to home. This may serve as a lesson to them that they should not pork their noses in everything – a lesson that they should, in some cases, put their country first.
By passing the amendments put forward by the African Nations, the West has now realised that Africa is no longer a push-over, lying down and allowing themselves to be dictated to at all times.
Africa’s unity, through the AU, has now educated the West by telling them that they are able and ready to decide their own destiny at all times.
Kenya has emerged victorious at the twelfth session of the Assembly of States Parties by securing amendments to their satisfaction. This means now that President Uhuru Kenyatta and Deputy PresidentWilliam Ruto are not required to appear in the International Criminal Court in person but only represented by Counsel.
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This is good news for African Union who had pushed for the deferral because they did not want to see Kenya’s Commander-in-Chief and President of the Republic of Kenya humiliated, sitting daily in the court instead of serving the people of Kenya.
Today is a celebration for those Kenyans and friends of Kenya who supported the amendments because they do not want the Head of State and his deputy to be humiliated.
However, there are those who are disappointed like the NGOs and some members of the Kenya opposition parties who wanted to see the humiliation of the President and his deputy carried through.
Ambassador Amina Mohamed informed the media that the amendments also allows for the Video link in other cases in the future. She hopes the video link trials can be extended to cover Mr Joshua Arap sang since his case is already ongoing.
When asked if the trial via video link will be extended to Mr Barasa whose warrant of arrest has been issued by the ICC accusing him of confusing witnesses, the Cabinet Secretary stated that there was no discussion in that direction. Mr Barasa, therefore, will have to face the ICC in person to answer the charges if he is exported to the Hague by the Kenyan authorities. He has gone to court to block exportation. Mr Barasa recently told the media that he worked with ICC investigators on witnesses and that they turned against him when he was considered hostile to the needs of the ICC prosecution. Barasa is a Kenyan journalist who has claimed that he was being paid by the prosecution investigators whenever he gave them the help they needed.
Did Mr Barasa break the code of conduct as a journalist in any way?
On 23 and 24 November 2013, the authorities of the Netherlands, France, Belgium and the Democratic Republic of the Congo (DRC) acting pursuant to a warrant of arrest issued by Judge Cuno Tarfusser, the Single Judge of the Pre-Trial Chamber II of the International Criminal Court (ICC), arrested four persons suspected of offences against the administration of justice allegedly committed in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo. This warrant of arrest in respect of the same charges was also served on Jean-Pierre Bemba at the ICC’s detention centre, where he has been detained since 3 July 2008.
On 20 November 2013, Judge Tarfusser issued a warrant of arrest for Jean-Pierre Bemba Gombo, his Lead Counsel Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo (a member of Mr Bemba’s defence team and case manager), Fidèle Babala Wandu (a member of the DRC Parliament and Deputy Secretary General of the Mouvement pour la Libération du Congo), and Narcisse Arido (a Defence witness).
Judge Cuno Tarfusser found that there are reasonable grounds to believe that these persons are criminally responsible for the commission of offences against the administration of justice (article 70 of the Rome Statute) by corruptly influencing witnesses before the ICC and presenting evidence that they knew to be false or forged. The suspects, it is alleged, were part of a network for the purposes of presenting false or forged documents and bribing certain persons to give false testimony in the case against Mr Bemba.
The Belgian authorities arrested Aimé Kilolo Musamba, the Dutch authorities arrested Jean-Jacques Mangenda Kabongo, and Narcisse Arido was arrested by the French authorities, in response to requests for arrest and surrender from the ICC. They will be subsequently surrendered to the ICC in accordance with the judicial procedures applicable in the three countries. Fidèle Babala Wandu was arrested by the authorities of the DRC and is being transferred to The Hague. The date of his first appearance at the ICC will be announced shortly. The authorities also cooperated with the ICC for the purposes of searching locations connected to the suspects. The Single Judge of the Pre-Trial Chamber II further requested the States concerned to locate and freeze the suspects’ assets.
On behalf of the Court, the Registrar of the ICC, Herman von Hebel, expressed his gratitude to the States’ authorities for their cooperation, stating that these are the first arrests made in relation to such charges before the ICC.
The trial of Jean-Pierre Bemba Gombo, the alleged President and Commander-in-Chief of the Mouvement de libération du Congo, started on 22 November 2010, for two counts of crimes against humanity (rape and murder) and three counts of war crimes (rape, murder and pillaging) allegedly committed in the Central African Republic.
On the , 19 November 2013, Trial Chamber II of the International Criminal Court (ICC) scheduled a hearing to deliver the judgment in the case The Prosecutor v. Germain Katanga on Friday, 7 February 2014, at 09:30 (The Hague local time).
Background: Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri [Patriotic Resistance Force in Ituri] (FRPI) is accused of three counts of crimes against humanity (murder, rape and sexual slavery) and seven counts of war crimes (using children under the age of 15 to take active part in the hostilities; directing an attack against a civilian population as such or against individual civilians not taking direct part in hostilities; wilful killing; destruction of property; pillaging; sexual slavery and rape). His trial started on 24 November 2009 and final conclusions from parties and participants were heard from 15 to 23 May 2012. Mr Katanga is in the Court’s custody.
On 20 November 2013, the Single Judge of Pre-Trial Chamber II issued under seal a warrant of arrest against five individuals for the commission of offences against the administration of justice in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo (ICC-01/05-01/08).
Pursuant to this warrant, on 23 and 24 November 2013, police forces in Belgium, France, The Netherlands and the Democratic Republic of the Congo arrested four individuals whom my Office alleges are responsible for offences against the administration of justice under Article 70 of the Rome Statute. The warrant of arrest was also notified on a fifth person, Mr. Jean-Pierre Bemba Gombo, who my Office alleges has ordered, solicited and induced these attempts to pervert the course of justice in relation to his on-going trial at the International Criminal Court (ICC). Since his arrest in 2008, Mr. Bemba has been in detention at the ICC where he is facing charges of war crimes and crimes against humanity. He completed the presentation of his case before Trial Chamber III on 22 November 2013.
Persons arrested pursuant to the current warrant of arrest are Messrs. Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Narcisse Arido and Fidèle Babala Wandu. National procedures are on-going for their surrender to the Court.
The individuals arrested include, amongst others, members of the defence team of Mr. Bemba. It is particularly disturbing that a member of the legal profession is alleged to have intentionally and systematically participated in criminal activities aimed at undermining the administration of justice.
Article 70 of the Rome Statute stipulates that it is a criminal offence for anyone to, inter alia, attempt to corruptly influence witnesses or tamper with evidence, or present evidence known to be false or forged. If convicted, those found responsible for these crimes may face up to five years imprisonment, or a fine, or both.
I am extremely grateful for the excellent cooperation received from all States involved in facilitating the smooth execution of the arrests and related investigative operations.
Justice must be allowed to take its course. This warrant of arrest must serve as a warning to would-be perpetrators that my office will not hesitate to bring the full force of the law to bear against cynical – criminal – attempts to deny victims of massive crimes the justice they deserve.
It now remains to be seen what action the AU will take because it had decided that if deferral is not granted, the AU member states may pull out of the Rome Statute that established the International Criminal Court.
During the vote at the Security Council, 8 countries abstained while only 7 voted for the deferral. To win a vote at the UNSC, one requires to get 9 votes and no veto.
Mr Kenyatta’s case is set to start on February the 5th 2014 while Mr Ruto’s case resumes next week on the 21st November 2013.
There are many analysts now who say there is a possibility that Mr Kenyatta may not turn up when his case starts, Those who want him well, however, fear that if he does not meet up the ICC will issue a warrant of arrest, something many say will not be good for the country. These group is encauraging the president to atten the trial.
The International Criminal Court‘s Trial Chamber V(b) has set the trial’s commencement in the case against President Uhuru Kenyatta to February 5th, 2014. The case was to start on the 12th November 2013.
The trial judges noted that the Defence and the Prosecutor were in agreement on postponing the date.
Mr Kenyatta’s defence team had, on 24th October 2013 requested the Chamber to vacate the initial date which was the 12th November 2013. The Prosecution accepted the date saying that certain factual matters that the defence has raised makes sense and merited further investigation.
While postponing the date, the court expressed deep regret that repeated adjournments of the trial delays justice for all parties involved. The court has urged the parties to speed preparations so that no further postponement are necessitated.
The Member of Parliament for Kajiado North constituency Hon. Manje says he does not support immediate pull-out by Kenya from the Rome Statute that established the ICC. The Kenya Parliament is now ready with a bill that if passed and ascended to by the President will free Kenya from the claws of the ICC. This, however, will not take place immediately, but in a year’s time. Any pull-out will not affect the ongoing Kenya cases. He also says the ICC should be critical on the witnesses who are in court with suspect evidence with, most of it, hearsay!
The Cabinet Secretary for mining Hon Najib Balala was at the ICC, Hague to give moral support to Deputy President William Ruto and Journalist Arap Sang who are on trial. API got up with him at the lunch break. President Uhuru Kenyatta es expected to stand trial at the ICC in the coming month of November.
It is, however, not known if the trial will be deferred by the United Nations. Deputy President Ruto got conditional excusal by the appeals court, meaning, it is not a blanket excussal. He has to apply at all times for excusal whenever an emergency necessitates it. He will, therefore has to be in attendance most of the time.
Deputy President William Ruto and Journalist Sang are on trial at the ICC. President Uhuru Kenyatta‘s case is expected to start in the same court on the 12th of November.
Kiambu County Governor William Kabogo and Narok County Governor spoke to African Press International at the ICC in the Hague where the two are at the moment to give moral support to Deputy President and Journalist Sang during their on-going trial.
Ruto‘s trial will adjourn on the 1st of November to give way for the start of President Uhuru Kenyatta‘s case. The trial is expected to start on the 12th of November.
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Leaders visiting ICC:
Kenyan leaders at the Hague (September and October). Different leaders arrive weekly to the Hague. They stay for a week and return home while a new group arrive to take their place.
The Trial Chamber had granted Mr Ruto excusal from attending all sessions of his trial but the prosecution led by Bensouda appealed against it.
The appeal court will now rule on Thursday in an open court if Ruto should be granted excusal. The ruling will be delivered livestreamed in an open court.
If the court rules in favour of the Deputy President he is expected to fly to Kenya the same day in order to attend to his constitutional duties.
President Uhuru Kenyatta was granted excusal recently. It is not known, as we go to press, if Chief Prosecutor – Bensouda will appeal and demand that President Kenyatta should be present in the court at all times.
Friday
25 October 2013
Ruto and Sang
09:00 – 10:00
Appeals Chamber judgment on William Samoei Ruto’s presence at trial
Deputy President Ruto of Kenya joined Kenyans in the diaspora in marking Mashujaa Day last Saturday 19th October. The event took place in Brussels.
In his address Ruto dismissed the ICC cases, saying it is fabrications engineered by local and international players for political reasons in furtherance of their ulterior – hidden motives.
The DP is quoted saying“Although it is my pleasure to be with you my fellow citizens, our President, my friend Joshua Sang and I are facing charges based on the most incredible fabrications in living history,” He continued to say, “It has become increasingly evident that these cases were not preferred on their forensic merit, but in pursuit of ulterior political motives by local and international forces,”.
The Appeal Court will on Friday October 25th, rule on whether the DP will be exempted from being in court all the time as he has done so far since the trial against him started on the 10th of September.
