WAKI LIST OUT

Mr Luis Moreno-Ocampo studies the list of Kenyan suspects at the International Criminal Court headquarters on Friday with the prosecutor-designate, Ms Fatou Bensouda from The Gambia, and Mr Michel de Smedt, the acting head of investigations. PHOTO/ICC

What you need to know:

  • Ocampo opens and reseals envelope as rights watchdog links ministers to chaos

Mr Luis Moreno-Ocampo on Friday held a special meeting with senior International Criminal Court officers to discuss the evidence presented to him by chief mediator Kofi Annan.

Mr Moreno-Ocampo had earlier in the day opened, inspected and resealed the envelope containing names of suspected sponsors of the post-election violence handed over to him by Mr Annan.

He said the contents would remain confidential. “There will be no leaks,” he said.

In addition to the envelope, Mr Moreno-Ocampo received six boxes containing documents and supporting materials compiled by the Commission of Inquiry into the Post-Election Violence, locally known as the Waki Commission.

The boxes were stored in a vault at the court’s investigations unit.

The commission provided the names of a number of individuals and why they should be investigated.

Asked whether a report by the Kenya National Commission on Human Rights was part of the evidence received on Friday, the prosecutor’s office was non-committal, only confirming that they had reviewed a range of different reports and statements including “public reports authored by Kenyans and international organisations as well as communications sent to the court.”

As part of its preliminary investigations, Mr Moreno-Ocampo says he has contacted various parties in Kenya seeking further information in relation to alleged crimes.

“I have to say that much information is available,” he said.

The officials said he will continue with his own investigations to “reach an impartial conclusion as to whether or not to investigate those individuals or others, or none.”

Receiving the materials, Mr Moreno-Ocampo expressed his determination to handle the Kenyan case because it was the “only way to prevent the commission of new crimes in the next elections.”

He, however, stressed that the main responsibility lies with the Kenyan government.

Sources at The Hague who did not want to be quoted commenting on the case, revealed that Mr Moreno-Ocampo’s deputy, Gambian Ms Fatou Bensouda, will lead the onslaught on the Kenyan situation. She will work closely with Mr Michel de Smedt, acting head of investigations at the court.

A team of investigators and lawyers had already started work, reviewing reports and evidence offered by various Kenyans groups.

Ms Bensouda, a former attorney-general and Justice minister in her country, joined the ICC after a stint at the International Criminal Tribunal for Rwanda where she was a legal adviser and trial attorney.

Because of her background and experience, Ms Bensouda is reputed to be an “expert on African justice systems who understands sensitivities arising from trials involving victims from the continent.”

Ms Bensouda, is the lead prosecutor in the trial of Democratic Republic of Congo warlord Thomas Lubanga, who faces war crimes-related charges at The Hague.

The Gambian, known for her bare-knuckle tactics in court, recently warned that leaders “everywhere in the world should know that impunity is a thing of the past. It is gone!”

“And those who are trying to bring unspeakable atrocities, suffering to civilians and civilian populations anywhere in the world will be held accountable for those atrocities.”

The Rome Statute requires the prosecutor is to carry out independent investigations.

The ICC has been conducting preliminary investigations to find out whether the crimes committed in Kenya fall under its jurisdiction.

The court tackles war crimes, crimes against humanity and genocide.

It is also noteworthy that the prosecutor only intervenes when convinced that the affected country is reluctant or unable to try suspects.

The Hague has indicated that the first warrants of arrest may be issued within a year, as in the case of Pierre Bemba of the Democratic Republic of Congo.
But it may take longer because of the elaborate nature of the ICC process.

According to the ICC procedure, once the prosecutor is convinced of the need to probe a matter referred to him, he will ask the court’s pre-trial chamber to authorise an investigation.

The chamber scrutinises the merits of the evidence before it and holds a hearing to confirm the charges that will be the basis of the trial.

On the prosecutor’s application, the chamber may issue a warrant of arrest against suspects. The warrant may either be sealed or public.

Travel outside
Sealed warrants are thought to be more effective because the suspects are unaware of them, making it easier to arrest them when they travel outside their countries.

When a warrant of arrest is issued under seal, it is transmitted confidentially to government agencies that are in a position to ensure its execution.

Mr Moreno-Ocampo was non-committal on whether he will request sealed or public arrest warrants for Kenya, only stressing that the country had the duty to cooperate with the court in accordance with the Rome Statute.

Obliged to arrrest
“Whether warrants of arrest will be sealed or not is a premature question at this stage,” he said.

Countries that are signatories to the Rome Treaty that gave birth to the court are obliged to arrest and present such suspects to the ICC.

Once a wanted person has been surrendered to or voluntarily appears before the court, the pre-trial chamber confirms charges and assigns his case to a trial chamber of three judges.

In extreme cases, a person can be jailed for life. A convict can contest a decision in the appeals chamber of five judges.