The Nation (Nairobi)

Kenya: Hague Date Stands for Violence Plotters

Nairobi — The International Criminal Court has allayed fears that a reprieve was being sought for the masterminds of Kenya's post-election violence.

Prosecutor Luis Moreno-Ocampo affirmed that charges of crimes against humanity will be filed by the end of the year.

Mr Moreno-Ocampo told a press conference in Kampala that investigations were proceeding well and charges will be filed by December.

He also expressed satisfaction that the Kenya government was cooperating with the ICC investigation.

"I am delighted the Attorney-General of Kenya informed the conference how they are supporting our work. And as I said, we will present two cases before the end of the year," he said.

He was speaking to the Press at Speke Resort in Munyonyo, Kampala, on the sidelines of the two-week conference on the review of the Rome Statute.

The ICC Review Conference, which has attracted over 2,000 NGOs and representatives of 111 State Parties and other non-members, seeks to amend the 1998 Rome Statute that established the ICC seven years ago.

There was speculation before the conference that Kenya was leading an initiative by African states to check the work of the ICC by subjecting its work to supervision of the UN Security Council.

Such a move would have provided respite for the Kenyan suspects as well as prominent indictees such as President Hassan al Bashir of Sudan.

There were also reports that the Kenya intended to ask for more time to establish a local tribunal before ICC indictments are issued.

The move was said to have split the Kenya delegation, with the ODM team rejecting any plans that would win breathing space for the post-election violence masterminds.

Kenya is represented at the conference by Attorney-General Amos Wako and Lands minister James Orengo. Others at the conference are MPs Abdikadir Mohamed and Musa Sirma.

The two cases which Mr Moreno-Ocampo was referring to will affect six key suspects of the post-election violence who he intends to drag to The Hague for trial. He said the suspects include political leaders drawn from both PNU and ODM, senior civil servants and business people.

At least 1,133 people were killed and another 650,000 displaced from their homes during the chaos that followed the announcement of the disputed 2007 presidential election results.

On Tuesday, Mr Moreno-Ocampo said the Kenyan case needs quick justice to prevent recurrence of election-related violence in the in the country.

Mr Wako dismissed reports that Kenya had asked Mr Moreno-Ocampo to delay the prosecution until next year.

"Mr Moreno-Ocampo was in Kenya recently but we never raised that to him. So what is the reason for us to raise that matter now? Whoever is saying that is peddling lies," Mr Wako said.

He confirmed Kenya's obligations to uphold the integrity of the Rome Statute and to the reforms within the ICC.

Sources said although one side of the government wanted the investigations suspended until after the referendum, a quick meeting between Mr Wako and Mr Orengo in Kampala resolved the matter and ensured that a united position of the government was presented.

The meeting also changed the earlier intention of the government to push for the UN Security Council's approval of the ICC's mandate over the crime of aggression.

Presenting the African position, Mr Wako said the 33 states who are members of ICC agreed that the jurisdiction of The Hague over the crime of aggression should not be subject to the Security Council approval.

He said the Statute already contains a filter mechanism in the form of Pre-Trial Chamber hence ruling out the need for approval by the Security Council.

"Some have suggested that the Council's prior approval for the exercise of jurisdiction is a necessary consequence of the provisions of the Charter - some going so far as to argue that the council has 'exclusive responsibility' of determining the existence of the crime of aggression," he said.

Reported by Solomon Muyita and Alfred Wandera in Kampala and Bernard Namunane in Nairobi.


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