ICC chamber ready for trial of Kenyans
Mr Fadi El Abdallah Spokesperson and Head of Public Affairs Unit ICC on March 29, 2012 at Nation Centre Nairobi Kenya during an interview. Photo/WILLIAM OERI
What you need to know:
- Court spokesman says charges can only be transferred if the admissibility appeal is successful
The International Criminal Court (ICC) last evening told a local radio station that trials of four Kenyans accused of crimes against humanity would go on in The Hague since a trial chamber is ready to start its work.
ICC spokesman Fadi el Abdallah told Capital FM that the cases could only be transferred from The Hague if an admissibility challenge is successful.
“We cannot speak technically about a transfer of cases by the ICC. The Kenyan cases are at the trial stage. However, before the opening of a trial and even after, but only under exceptional circumstances and with the authorisation of the Trial Chamber, there is the possibility to challenge the admissibility of the cases.
“If the conditions for it, as specified under the Rome Statute are fulfilled, cases can be declared inadmissible before the ICC and can proceed before other tribunals,” Mr Abdallah clarified.
He spoke as it emerged that the African Union is working to expand the mandate of its court of justice to enable it take over ICC cases facing top African leaders.
Attorneys general from the union are currently working on amendments that will expand the jurisdiction of the African Court of Justice and Human and People’s Rights to deal with international crimes such as genocide, crimes against humanity and war crimes.
Legal experts from AU member states are currently gathered in Addis Ababa to finalise Africa’s common position on the ICC.
Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former public service head Francis Muthaura and radio presenter Joshua Sang are awaiting trial at the ICC over crimes against humanity.
For the past two years, President Kibaki’s wing of the coalition has put up a spirited fight to have the cases against the four suspects brought for trial at home.
President Kibaki has successfully lobbied his peers in East Africa and secured a resolution that the jurisdiction of the regional court be expanded to cover crimes against humanity.
Then the Kenyan cases will be referred to The Hague-based court.
