ICC clarifies on Kenya poll victims' compensation
A file photo of internally displaced persons at NAKA camp in Yamumbi, Eldoret town March 3, 2013. Victims of the 2007 post-election violence have asked the International Criminal Court to “leave them alone.” FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- ICC Trust Fund’s executive director said issue of compensation could not be discussed before an assessment is done and also subject to availability of funds.
- TFV compensates victims only after a successful conviction in order to ensure justice.
- Compensation for victims is not strictly in monetary form and includes simply constructing a memorial for the victims.
The International Criminal Court has disputed reports that post-election violence victims would not benefit from any compensation if Kenya pulls out of the Rome Statute.
Media reports had on September 11 quoted the Executive Director of the ICC Trust Fund for Victims Pieter De Baan saying that the kitty’s board of directors “will find it hard” to give support to the families if the country ditched the court.
On Wednesday, the motion for withdrawal was the subject of submissions by the parties in the case against Deputy President William Ruto and former radio journalist Joshua Sang after the prosecution said it would impact on cooperation and witness safety and security.
The court, however, said the ICC Trust Fund’s executive director had said the issue of compensation could not be discussed before an assessment is done and also subject to availability of funds.
“As regards the possibility of TFV (Trust Fund for Victims) projects in Kenya under its rehabilitation assistance mandate, which is related to the general situation rather than to particular cases, Mr De Baan explained that TFV Board of Directors will consider this matter not before an assessment mission is carried out and subject to the availability of resources,’’ the ICC said in a statement.
UNLAWFUL ARREST
The TFV compensates victims only after a successful conviction in order to ensure justice. Compensation for victims is not strictly in monetary form and includes simply constructing a memorial for the victims.
Meanwhile, the ICC’s spokesman Fadi el Abdallah has said the accused persons would not get any compensation unless it is established that there was a miscarriage of justice after conviction or unlawful arrest.
“Compensation for the accused only happens under two circumstances, first where it is established that there was unlawful arrest. The second instance is where, after conviction it is established that there was a miscarriage of justice,” he said.
Mr Ruto, Mr Sang and President Kenyatta have not been arrested.
The three have been honouring summons by the chamber.
Mr Ruto and Mr Sang’s trial for the 2007/08 post-election violence started on September 10 while President Kenyatta’s trial begins on November 12.
