William samoei ruto and joshua arap sang, pursuant to article 82ld of the rome statute statute, renders the following decision on the joint defence request for leave to appeal the decision on witness preparation. Prosecutions response to joint defence request for an order for. Trial chamber v chamber of the international criminal court in the case of the prosecutor v. Paris the international criminal court dropped its case against the deputy president of kenya, william ruto, on tuesday, marking another setback for the court and ending a. Three scenarios for kenyas icc trials kenya al jazeera. On 25 august 2015, the defence teams of mr ruto and mr sang requested permission to appeal this decision.
But by 15 april 2016, during the thanksgiving rally hosted by president kenyatta and his deputy william ruto to mark the end of the icc cases, gathenji was duly introduced as one of the kenyan lawyers who worked for kenyatta in his icc case. Benvenuti, complementarity of the international criminal court to national criminal jurisdictions, in w. This time around, neither kenya nor the icc has been able to deliver on its responsibility to hold the perpetrators of war crimes to account, with kenyatta and ruto showing that, yet again. In addition, the defence submits that otp evidence gives reason to believe that. Icc or the court, in the case of the prosecutor v william samoei ruto and. The icc has assigned three judges to the trial chamber iv charged with handling their terminated cases. Deputy president william rutos defence team on thursday january 14, 2016 presented its oral submission of his motion of no case to answer at the international criminal court icc where it maintained that the case facing him had over the years tumbled, and was in tatters.
Ethnicity and icc cases heat up kenya presidential race. Justice experts have given a cautious welcome to the decision by judges at the international criminal court icc to summon eight witnesses who had refused to testify for the prosecution in the case against kenyas deputy president. Judges declined to confirm charges against mohammed hussein ali on. President uhuru kenyatta and his deputy william ruto in a past event.
Witness preparation in the icc journal of international. William ruto ruto before the international criminal court icc or the court. On april 17, the threejudge panel hearing the case against william ruto and former broadcaster joshua arap sang ruled by a twotoone majority. On 7 april 2011, pretrial chamber ii of the international criminal court icc set the date of the beginning of the confirmation of charges hearing in the case of the prosecutor v. Public redacted version of corrigendum of ruto defence response to the. Innovation is at the heart of every chamber today, ensuring that chambers remain relevant to their members and the business community at large. The case against kenyan president uhuru kenyatta was assigned to trial chamber vb. The confirmation of charges hearing took place from 21 september to 5 october 2011. The 20072008 kenyan crisis followed the presidential election that was held on 27 december 2007.
Addendum to defence request pursuant to article 631 of the rome statute and rule \3aquater of the rules of procedure and evidence to excuse mr. Through the world chambers competition, icc world chambers federation wcf has managed to gather a vast collection of case studies, demonstrating chamber best practices and innovation. In january 20, trial chamber v of the international criminal court icc in the cases of william ruto and joshua sang and of francis muthaura and uhuru kenyatta, collectively known as the kenya decisions, made a marked departure from the firm prohibition on witness proofing established by the iccs pretrial and trial chamber i in the lubanga decisions. It was the first time the prosecutor had requested such an authorization. International criminal court icc, suspected of planning and. The international criminal court icc dismissed another case this week, ordering the release of two more defendants accused of serious international crimes. Case admissibility at the international criminal court. Prosecuting a sitting head of state and his deputy at the icc was. Rights groups have also filed a suit at the kenyan high court challenging ruto and kenyattas suitability for elective office, given their icc cases at the hague.
Highprofile icc cases abc news australian broadcasting. If it rules otherwise, then it will weaken mr rutos defence. On 20 january 2014, the ruto defence filed defence submission of copy of mr. It is intended to complement existing national judicial systems and it may therefore. Case also involved charges against francis kirimi muthaura and mohammed hussein ali. How ruto maintained he has no case to answer in icc court. On 21 may 20, the icc presidency assigned the ruto and sang to trial chamber va tc va, composed of judge herrera carbuccia, judge fremr and judge eboeosuji.
This is also addressed in other, confidential, decisionswhich have been taken into account but which are not cited in this report. Kenya had agreed to the amendment as a giveandtake so that the assembly could also amend rules that would ensure cases go. Initially, rutos trips to the icc were characterized by huge media coverage. It is also possible that the ruling will have no impact on the case, depending on what the judges decide. On 15 july 20, in the context of the case against deputy kenyan president william ruto and. The law and practice of international courts and tribunals 2015 hamilton 3 chamber iii held the burden was on the defence, as the challenging party. International criminal court investigations wikipedia. Cour penale internationale international criminal court icc legal.
The appeals chamber of the international criminal court. Ruto the ruto defence,1 and to the response filed by the. The international criminal court icc or icct is an intergovernmental organization and international tribunal that sits in the hague, netherlands. Judges declined to confirm the charges against mr kosgey on 23 january 2012. On 5 april 2016, trial chamber va decided, by majority that the case against william samoei ruto and joshua arap sang is to be terminated. On 3 june 20, trial chamber va set the date for the start of the trial for 10 september 20. Francis kirimi muthaura, uhuru muigai kenyatta and mohammed hussein ali, decision on the prosecutors application for summonses to appear for francis kirimi muthaura, uhuru muigai kenyatta, and mohammed hussein ali, icc010902111, 18 july 2012 hereinafter. On 31 march 2010, a pretrial chamber of the international criminal court authorized the prosecutor to investigate the 20072008 kenyan crisis. The international criminal court icc is a permanent international tribunal created for the prosecution of crimes against humanity, genocide, and war crimes. Cour penale internationale international criminal court. Sang fully understand and speak, 19 february 20, icc01090111606. Icc summons witnesses for prosecution in ruto case. The icc was set up to try just these kinds of cases, but it faces many of the same obstacles national investigations. It provides free online access to most legal documents that may be relevant to cases involving core international crimes.
Icc assigns three judges to withdrawn uhuru, ruto cases. See joint defence request for an order for the prosecution to serve expert report of mr. Sang filed a response to the 17 may 2011 application, in which it requested the chamber to grant it the 20 may. Iccasp1228 28e2110 3 status conference on 3 may 20, the chamber noted that taking into account interruptions not attributable to the unavailability of defence witnesses the defence should be in a position to conclude its presentation of evidence by 19 july 20, unless, due to compelling.
The international criminal court investigation in kenya or the situation in the republic of kenya is an ongoing investigation by the international criminal court icc into the responsibility for the 20072008 postelection violence in kenya. The introduction was done by kenyattas chief lawyer in kenya, ken ogeto. The international criminal courts cases in kenya africa portal. James morton handling criminal cases a guide to preparation and defence 1986 waterlow this will be referred to as handling of criminal cases. The four modes of liability under article 253a 30 c. It has several thousand users around the world and has seen 3 to 5 million annual hits the last years. Icc cases against uhuru, ruto and sang must be terminated.
The icc now has 20 cases before it relating to eight situations. Storry rhodesian criminal practice 1978 rhodesia law journal purver, young, davis and kerper the trial lawyers book preparing and winning cases lawyers cooperative publishing, new york, 1990. International criminal court investigation in kenya. Meaning of taking prosecution case at its highest at the icc. Pdf a practitioners perspective on the kenya i and. William samoei ruto and joshua arap sang, decision on defence. Icc to make key ruling in ruto case friday africa latest. Cour internationale international criminal court pretrial. The legal tools database is the leading online resource for retrieval of legal sources in international criminal law. The three kenya cases before the international criminal court icc could possibly produce three different outcomes. Pdf case admissibility at the international criminal court. William samoei ruto, henry kiprono kosgey and joshua arap sang for 1 september 2011. International criminal court drops case against kenyas. On 10 september 20 the international criminal court icc began hearing a case against william ruto, deputy president of the republic of kenya, and joshua sang.
Ruto and sang, order to the defence to reduce the number of witnesses to be called to testify at the confirmation of charges hearing and to submit an amended list of viva voce witnesses, icc01090111221 icc ptc ii, jul. Finally, deputy president and suspect of crimes against humanity, william ruto, is beginning to understand that icc is not a movie but stark reality that may see him locked in the hague for 50 years charles taylor style. Icc judges charged ruto and sang with crimes against humanity in 2012. Chamber case studies library icc international chamber. The three suspects, president uhuru kenyatta, deputy president william ruto and. In 2011, kenyatta and ruto were charged with crimes against humanity for inciting widespread violence in the country following the presidential election held on december 27, 2007.
Kenyan cases before the international criminal court icc case. Icc prosecutor closes case against dp william ruto, joshua. Kenya deputy presidents case ends human rights watch. The prosecutor v william samoeiruto and joshua arap sang. Lawyers and the witness disarray in the kenya icc cases. Ruto, sang have no case to answer by marikio muchiri on 5 april 2016 3. Case against william samoei ruto and joshua arap sang was terminated on 5 april 2016. Mr ruto was accused of being criminally responsible as an indirect coperpetrator pursuant to article 253a of. The icc requested an arrest warrant on december 2, 2011 for sudans defence minister, abdelrahim mohamed hussein, for crimes against humanity and war crimes committed in. Assessing the acceptance of international criminal justice in kenya. Rutos allies also renewed calls for kenyas withdrawal from the icc as they had been doing. International criminal court iccasp assembly of states.