AU seeks to join Ruto Hague case

What you need to know:

  • In his request to the court, Uganda’s Attorney-General Fredrick Ruhindi said it was important for his country’s opinion on the matter to be heard since complex issues were raised from the manner in which the judges permitted the use of the recanted testimony.
  • Namibia’s AG Sakeus Shanghala said the understanding of State Parties was that the rule would not apply to cases that were already ongoing at the court at that time.

The African Union has requested to be enjoined as a friend of the court in Deputy President William Ruto’s case at the ICC.

Mr Ruto wants the International Criminal Court’s decision allowing the use of recanted testimony reversed.

Similar requests have been submitted separately by the governments of Uganda and Namibia to the ICC.

The AU has all along been using diplomatic and political efforts in opposing the case against Mr Ruto.

COMPLEX ISSUES

In his request to the court, Uganda’s Attorney-General Fredrick Ruhindi said it was important for his country’s opinion on the matter to be heard since complex issues were raised from the manner in which the judges permitted the use of the recanted testimony.

He said: “It would be in the interest of justice for the Appeals Chamber to hear observations and perspectives from States Parties, such as the Republic of Uganda.”

He said this would result in a situation that satisfies the demands of a fair trial.

In their ruling on August 19, Trial Chamber judges allowed Prosecutor Fatou Bensouda to use as evidence the recorded testimony of five hostile witnesses.

DIFFERENT UNDERSTANDING

The judges based their decision on Rule 68 of the ICC rules, which had been amended during the 2013 Assembly of States Parties conference.

According to Mr Ruhindi, States Parties that negotiated the amendment had a different understanding of the rule.

Namibia’s AG Sakeus Shanghala said the understanding of States Parties was that the rule would not apply to cases that were already under way at the court at that time.

The Kenyan government had also applied to be enjoined in the appeal through AG Githu Muigai, a request that has since been opposed by Ms Bensouda.