Nairobi — THE International Criminal Court is expected to request sealed warrants of arrest for the post-election violence suspects, the Star has established.
The decision to ask for sealed warrants follows growing indications that the Kenya Government is unwilling to cooperate with the ICC.
Multiple sources who understand the ICC processes, rules and procedures intimated to the Star yesterday that ICC Chief Prosecutor Luis Moreno Ocampo will seek the sealed warrants to ensure the suspects are brought to justice.
This follows the government's failure to arrest Sudan President Omar al Bashir, who is wanted by the court for genocide and war crimes in Darfur, when he visited Nairobi on Friday.
Sealed indictments and warrants are issued in strict confidentiality and on the basis that the persons being sought might flee if public warrants or indictments are offered.
"It is an option the prosecutor might opt to pursue knowing that Kenya appears bent on subverting the course of justice not only for its leaders but also neighbouring countries," the source said.
The ICC pre-trial chamber authorised investigations earlier this year.
Formal investigations are ongoing and after this the prosecutor will go back to the pre-trial chamber which will either confirm or turn down the indictments.
An indictment is basically a detailed charge sheet laying out the offences and disclosing in great detail the circumstances of the crime.
"Sealed indictments are issued after the Prosecutor completes investigations and gets them confirmed by the Pre-Trial Chamber. These indictments are not open to public scrutiny," said a lawyer accredited to the ICC.
"They are usually sealed to aid investigation and prevent the flight of suspects and also to protect witnesses and in cases where there is danger of escalating insecurity - all of this at the discretion of the prosecutor." Besides the sealed arrest warrants, the prosecutor can issue summonses of voluntary appearance before the court if the prosecutor reasonably believes that the suspect will indeed show up at the court.
This cannot however be relied upon in the Kenyan case especially with growing indications that the government and the suspects might not cooperate with the court.
"Even if they issued the sealed warrants, they might have to write silently to all state parties alerting them of such and requiring them to arrest the suspects," International Centre for Policy and Conflict's Ndung'u Wainaina explained yesterday.
According to the court, arrest warrants are meant to ensure that a person appears at trial, that the person does not endanger or obstruct the investigations and, when necessary, to prevent a person from continuing to perpetrate the alleged crime.
According to a factsheet at the Coalition for ICC website, an arrest warrant can be applied for any time the prosecutor initiates investigations.
This means that Ocampo can apply for a warrant of arrest against the Kenyan suspects if he deems it appropriate. Once such warrants are issued, the registrar or the prosecutor will be required to make specific requests for arrest.
Wainaina said seeking a sealed warrant of arrest would need to be done if there was compelling evidence that the course of justice would be frustrated by a public warrant.
"All indications point to the direction of frustrating the court and l won't be surprised if this happens," Wainaina said.
Lawrence Mute, a commissioner at the Kenya National Commission on Human Rights, said it was would be unrealistic for the ICC to expect reasonable cooperation from the government.
"In a few months time, we hope ICC will indict some people over the post-election violence. At a practical level, will Kenya cooperate by handing over suspects? I think not," he said.
Many countries apart from African Union members are ready and willing to cooperate with the court. Others like the US which are not signatories to the Rome Statute have ad hoc arrangements of cooperating with the court.
President Kibaki and Prime Minister Raila Odinga last year promised Ocampo that the government would give him all the cooperation required to investigate and arrest suspects of the 2007-08 violence.
Yesterday Deputy Prime Minister and Minister for Local government Musalia Mudavadi said Kenya cannot reverse what had already happened and there was now need to move on as a nation.
"What the international community will be looking for is a clear re-affirmation that the Kenya government is committed to the ICC and the Rome Statutes and that's the only way we can do damage control because his (Bashir's) invitation kind of negated the commitment of Kenya to the ICC process," the Deputy Prime Minister said.
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if kenya has to move forward as its shown that it is capable of doing so the players which unfortunately does not include a former president known to all as the #1 instigator on ethnic violence should be brought to bear the brunt of ICC and yes KENYA is a signatory and has to honor its international commitments none should be spared the sooner they are apprehended the better
Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case
http://picasaweb.google.com/lpcyusa (The Documentary Secret United Nations ICC Meeting Papers Scanned Images)
http://sites.google.com/site/jillstarrsite/irrefutable-proof-icty-is-corrup t-court-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-kar adzic-case/irrefutableproofictyiscorruptcourtirrefutableproofthehaguecourtc annotlegitimatelyprosecutekaradziccase
This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not.
Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversation and openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others.
I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding.
Jilly wrote:*The rep from Spain became distraught and when her countrys proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, Spain (my country) strongly believes if we contribute most financial support to the Hagues highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.
((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a totally legitimate topic discussed and debated it between each other for some time. I was quite shocked! The idea was "let's discuss it." "It's a great topic to discuss."
Some countries agreed with Spains propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate toic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.))))))))))))))))))))))))))))
In particular., since "Spain" was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, "Spain" must have already known by previous experience the topic of bribery was "socially acceptable" for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student.
SPAIN's diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!
SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN "INTERNATIONAL CRIMINAL COURT."
I remind everyone, when I attended those ICC Preparatory Meetings in 2001, witnessing first hand the country plenipotentiary representatives present with me discussing so openly, trading judicial funding of a new international criminal court, for its direct judicial appointments and judicial verdicts, those same state powers were
concurrently,
those same countries and people were already simultaneously, funding the already established ICTY which was issuing at that time, arrest warrants for Bosnian Serbs under false primary diplomatic pretenses.
The ICTY and ICC is just where it should be for once. Cornered and backed into and an international wall, scared like a corned animal (and I bet it reacts in the same way a rabid cornered animal does too in such circumstances). (ICTY associates)
http://picasaweb.google.com/lpcyusa/ViewMyHagueInternationalCriminalCourtPr eparat oryDocumentsFromThe2001UnitedNations# (Evidence Against the ICTY)
http://picasaweb.google.com/lpcyusa/DuringTheTrialOfRamushHaradinajIn2006Th eHag ueWarCrimesTribunalForTheFormerYugoslavi# (Documents: Hague war crimes tribunal for the former Yugoslavia (ICTY) has destroyed all material evidence about the monstrous KLA Albanian/KLA organ trade in Kosovo)
I believe strongly that ICYU associates murdered former Serb President, Slobodan Milosevic, tried to murder me, as well and other Serbs prisoners and presently places , Doctor Radovan Karadzics life in direct danger as well as Ratko Mladics life in danger should he be brought there.
The ICTY has no other choice than to halt all further court proceedings against, Doctor Radovan Karadzic, and others there both serving sentences and awaiting trials. Miss JIll Louise Starr (The UN Security Council has no choice but to act on this now).
I accuse the Hague ICTY war crimes tribunal of attempted assassination on my life and others, contempt of court and obstruction of international justice and "international witness tampering" in complicity with Richard Holbrook and Bill Clinton (Former US President of the USA) as well as political players in Spain and the Netherlands .
I represented the state interests' of the Former Yugoslavia, in Darko Trifunovics absence in those meetings and I am proud to undertake this effort on Serbias behalf.
=========================================================================== ======= United States :
Weve all become closely acquainted with the concepts of impunity, international law, social justice, and both licit and illicit equity within the framework of judiciary constructs.
And as such, Ive been sitting all alone here in my room for seemingly endless years, merely contemplating these and other questions crucially important to the conceptual role of international criminal justice:
1) Many news media presenters argue certain leaders of political parties and organized crime syndications are arrogant, for believing they themselves are above the rule of law.
However, the award for winning the Olympic Gold Metal of being Mother of All Arrogance has just be captured by Hagues Highest Legal Entity, the newly constructed International Criminal Court.
2) This entity shamelessly and explicity proclaims its own impunity from international justice while increasing its push moving forward in prosecuting others for identical crimes itself commits. It flaunts its diplomatic immunity as if it were the President of the most powerful country on earth. Claiming to rival the powers of the Queen of England and the Holy See. As totally immersed and interesting as I found the topics, the African ambassador seated found boring. I say this owing to noticing during the entire meeting he was merely doodling nonsensical pictures on some legal pad. I think that no one took more notes that day than me. I was especially interested in the interstate bickering about financing the international criminal court should and when it came about. Spain was particularly forceful in vocalizing its opinion that the countries giving the most monetary contributions to the court itself ought have more power over both its staffing and its innocent and guilty verdicts as well as judges appointed. My suspicions equally shared by scholars such as Noam Chomsky and former attorney general, Ramsey Clark were now fully justifiably confirmed. The court itself was a great travesty of justice and I was actually witnessing quarrels between countries insofar as controlling the courts judges and verdicts based on financial contributions rather than on law and true international justice.
PART I->Additional Photo Documentary Evidence Against the ICTY Court at the Hague
PART II- Additional Photo Documentary Evidence of ICTY Hague Court Criminality
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_text_ Jill Starr - Dec 19, 2009 10:06 AM - Remove
Several seasons went by and now it was spring 2001. Darko and his wife Bojana had time off which they spent visiting friends and family in Serbia for about two weeks. Because of this Darko was unable to function in full diplomatic capacity. In spring 2001 there was a preparatory commission meeting of plenipotentiaries to establish an international criminal court at the United Nations in New York City. Topics of the meeting included but were not limited to defining interstate acts of aggression, court financing etc.. Darko asked me if I would sit in for him at the meeting taking as many notes possible owing to the Law Projects Center possessing United Nations accreditation as a NGO (non governmental organization) with full observer status at the United Nations; I acceded. Darko faxed me all necessary paperwork enabling my application attendance at this crucial meeting; I filled out the necessary forms and faxed them to the appropriate United Nations office for approval. It was an extremely exciting time for me. My close friend and colleague, Arnold Stark (History professor and Columbian University PhD) drove me into Manhattan walking me through the United Nations main entrance and security the day of attendance. Professor Stark himself was an old foreign service man from way back in the day and he told me I never looked as professionally sharp as I did on that day; I wore a navy blue pin striped suit. I must admit, I looked good. Only post attending that day did I truly understand the total lapse of security existing then at the United Nations in New York City. I say this owing to the social fact that the Law Projects Center was indeed registered as an United nations accredited NGO it is true. However, closed meetings of this sort meant attendance was strictly limited to head ambassadors of valid United Nations member state missions and non governmental organizations possessing observer status were not allowed. Unto present, Ive yet understood whereby I gained entrance into this privy closed meeting consisting of only United Nations ambassadors, but I did. Walking to the basement floor of the United Nations building that day, I merely wore a visitors badge given to me at the front desk in no manner indicating that I was an ambassador of a United Nations mission; least of all the Bosnia mission as required for entrance. Totally unaware I didnt possess necessary credentials to enter the meeting, I walked confidently towards the entrance door and past the guard stationed outside it. The guard never bothering to examine the type of badge I wore around my neck simply said good day Madame and urged me into the meeting; it was just about time to begin. I immediately sensed something wrong once through the door past the guard. First, I was uncertain where to sit. Everyone else had a sign in front of their seat stating their country of origin. The Israeli ambassador sat in front of the Israel sign, the Spanish lady sat in front of the seat indicating she represented, Spain etc.. I looked fervently around the room seeing no seats indicating seats for United Nations observers anywhere. The last thing I wanted to do was to embarrass myself by taking the seat of an important ambassador; I noticed a couple of men seeming from some African state grabbing some meeting paperwork nearby so I inquired of them. I told them I was a newbie and inquired where to sit and what I should do. With heavy African accents one of them said, just grab a bunch of these papers, sit there and look like you are busy, so I did. In fact, I grabbed as many extra copies as I could without looking conspicuous when noticing another peculiarity. The meeting papers indicated they were for restricted for the eyes of state mission heads only (chief ambassadors of countries) and allowing other persons and/or United Nations employees to view them was a punishable offense. Uncertain what to do, and with the meeting beginning, I merely sat there stunned. My seat and the one the African gentleman next to me took seemed extras because they neglected having any indication regarding country origin in front of them on the table; I felt safe. As totally immersed and interesting as I found the topics, the African ambassador seated found boring. I say this owing to noticing during the entire meeting he was merely doodling nonsensical pictures on some legal pad. I think that no one took more notes that day than me. I was especially interested in the interstate bickering about financing the international criminal court should and when it came about. Spain was particularly forceful in vocalizing its opinion that the countries giving the most monetary contributions to the court itself ought have more power over both its staffing and its innocent and guilty verdicts as well as judges appointed. My suspicions equally shared by scholars such as Noam Chomsky and former attorney general, Ramsey Clark were now fully justifiably confirmed. The court itself was a great travesty of justice and I was actually witnessing quarrels between countries insofar as controlling the courts judges and verdicts based on financial contributions rather than on law and true international justice.
The most shocking point of the meeting for me was when the Israeli ambassador admitted openly to the other attendees that Israel was indifferent to war crimes, crimes against humanity and would in no manner support any international structure limiting its ability for practicing war and peace against any other state and/or party it considered a threat to its national interest. The ambassador representing the United States that day strongly and equally explicitly backed the Israeli position making clear American attendance was more for information gathering purposes and show than true concern for international law, world peace and social justice. When the meeting ended I slipped quickly out the front entrance of the United Nations; notes and papers in hand; I would read them in detail later that evening. When I attended these Preparatory Meetings at the end, the First Ambassador to the Bosnian Mission in NYC (The Serbian Doctor with glasses) came in but only stayed a short while as my witness to my being there. It must have amazed Darko upon returning from Serbia I actually gained entrance to the ICC preparatory closed meeting because within a week he invited me to the city to attend another important meeting at the United Nations comprised of diplomats from some very selective and prestigious NATO member states. I dont recall the date but by his return fully I understood the definition of a closed meeting. Upon approaching the meeting door I became at once cognizant the meeting stated closed meeting, on the door. I did my best to point this fact out to Darko who told me to go in with him anyway; we did. Darko obviously thought because I gained entrance to the ICC meeting I ought not have in his absence, perhaps if I were with him, he covertly could gain access this closed NATO meeting; no dice. Upon entering the room, immediately some important looking man called him over and diplomatically informed him that Serbia was not invited. Darko pointed to me explaining that he was with the American lady but he was asked politely to leave; I followed him out the door embarrassed.The following year was mundane. Filled with activities like shuttling back and forth to FDU for graduate school, fund raising for the Law Projects Center and co-authoring two book with Darko. The fateful day of 9/11 and the attacks by Al-Qaeda on the World Trade Center Towers in New York City changed my venue forever. Post 9/11 Darko became a man on a personal mission seemingly unrelated to the Bosnian mission itself. He told me it was the utmost importance to publicize the alleged fact that the head ambassador of the Bosnian mission was in his estimation involved with Al-Qaeda. Darko had a seemingly ton of secret documentary evidence emanating from the ministry of internal affairs in Belgrade and Bosnia seeming true bolstering his allegations in my eyes then.
Asking me to fervently work on editing a book on which topic was meant for exposing the head ambassador of the Bosnian mission at that time; I acceded. The publication was later published by the Repubika Srpska information agency in Bosnia. The Serbian government in the Republika Srpska in Bosnia then was seriously pressing Darko for a fast publication so we stayed up many nights over his apartment in Forest Hills, New York working to do so. The book was entitled, The Bosnia Model of Al-Qaeda Terrorism. It can probably still be found and read online. Last time I checked it was posted on the website: http://www.analyst-network.com/profile.php?user_id=240.
Darko always told me I possessed full rights to this and other publications we worked on together. Although I edited and co-authoring the Al-Qaeda work, a few years back I noticed Darko removed my name on the inner front cover page as editor replacing it with the name of a Serbian editor. When questioned about it Darko told me he kept my name from being published because of the death threats and dangers to my life that he himself encountered because of its publication. I do vividly remember Darko receiving a great many death threats and threats towards his wife at the time, Bojana. Jill Starr - Mar 25, 2010 7:44 PM - Remove
On an end note, also attending the ICC meeting that day along with me (although my memory is vague), was US Diplomat Richard Holbrook.
I can not be 100% certain because almost a decade of time has past since that day. I DO vaguely remember his thick dark brown eye glasses and face filled up with potholes from pimples. As the Spain representative was discussing the proposition of bribery for financial funding of the ICC, Holbrook merely nodded his head (and he had a paper tablet and pen in his hand as well) ... HOLBROOK NEVER ONCE SAID EVEN ONE WORD TO SPAIN CENSORING THEM FOR BRINGING UP THE TOPIC OF JUDICIAL BRIBERY WHICH WAS ILLEGAL BY ALL LEGAL STANDARDS!
JIll Starr
LPC NYC USA Add comment