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. In addition, the defence submits that otp evidence gives reason to believe that. Pdf case admissibility at the international criminal court. 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. Three scenarios for kenyas icc trials kenya al jazeera. The 20072008 kenyan crisis followed the presidential election that was held on 27 december 2007. Case also involved charges against francis kirimi muthaura and mohammed hussein ali. The international criminal court icc is a permanent international tribunal created for the prosecution of crimes against humanity, genocide, and war crimes. 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. Cour penale internationale international criminal court. The appeals chamber of the international criminal court. It provides free online access to most legal documents that may be relevant to cases involving core international crimes.
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. Kenya deputy presidents case ends human rights watch. Ruto, sang have no case to answer by marikio muchiri on 5 april 2016 3. This is also addressed in other, confidential, decisionswhich have been taken into account but which are not cited in this report. Case against william samoei ruto and joshua arap sang was terminated on 5 april 2016. On 31 march 2010, a pretrial chamber of the international criminal court authorized the prosecutor to investigate the 20072008 kenyan crisis. 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. Cour internationale international criminal court pretrial. International criminal court investigation in kenya.
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. Icc judges charged ruto and sang with crimes against humanity in 2012. It is also possible that the ruling will have no impact on the case, depending on what the judges decide. 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. On 25 august 2015, the defence teams of mr ruto and mr sang requested permission to appeal this decision.
Sang fully understand and speak, 19 february 20, icc01090111606. President uhuru kenyatta and his deputy william ruto in a past event. Judges declined to confirm the charges against mr kosgey on 23 january 2012. Witness preparation in the icc journal of international. The international criminal court icc or icct is an intergovernmental organization and international tribunal that sits in the hague, netherlands. 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. The international criminal courts cases in kenya africa portal. The international criminal court icc prosecution has closed the case against deputy president william ruto and journalist joshua arap sang.
Kenyan cases before the international criminal court icc case. Innovation is at the heart of every chamber today, ensuring that chambers remain relevant to their members and the business community at large. Thomas is an independent consultant and an assistant professor of international law with the united states international university in nairobi, kenya. The four modes of liability under article 253a 30 c. 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. Prosecuting a sitting head of state and his deputy at the icc was. Assessing the acceptance of international criminal justice in kenya. 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. How ruto maintained he has no case to answer in icc court.
International criminal court iccasp assembly of states. Initially, rutos trips to the icc were characterized by huge media coverage. The prosecutor v william samoeiruto and joshua arap sang. It has several thousand users around the world and has seen 3 to 5 million annual hits the last years. 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. The confirmation of charges hearing took place from 21 september to 5 october 2011. Ruto the ruto defence,1 and to the response filed by the. Mr ruto was accused of being criminally responsible as an indirect coperpetrator pursuant to article 253a of. Public redacted version of corrigendum of ruto defence response to the. Highprofile icc cases abc news australian broadcasting. The icc was set up to try just these kinds of cases, but it faces many of the same obstacles national investigations.
William samoei ruto, henry kiprono kosgey and joshua arap sang for 1 september 2011. 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. Chamber case studies library icc international chamber. Kenya had agreed to the amendment as a giveandtake so that the assembly could also amend rules that would ensure cases go.
Icc cases against uhuru, ruto and sang must be terminated. On 20 january 2014, the ruto defence filed defence submission of copy of mr. Cour penale internationale international criminal court icc legal. The three kenya cases before the international criminal court icc could possibly produce three different outcomes.
Icc summons witnesses for prosecution in ruto case. The icc has assigned three judges to the trial chamber iv charged with handling their terminated cases. Rutos allies also renewed calls for kenyas withdrawal from the icc as they had been doing. William samoei ruto and joshua arap sang, decision on defence. 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.
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. 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. The icc has jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. See joint defence request for an order for the prosecution to serve expert report of mr. On 3 june 20, trial chamber va set the date for the start of the trial for 10 september 20. Thomas obel hansen joins jic for this fascinating guestpost on the internal and external pressures facing the icc in the kenya cases. Pdf a practitioners perspective on the kenya i and. The legal tools database is the leading online resource for retrieval of legal sources in international criminal law. Sang filed a response to the 17 may 2011 application, in which it requested the chamber to grant it the 20 may. Ethnicity and icc cases heat up kenya presidential race. Kenyas integrated backlash strategy against the icc duke law. Lawyers and the witness disarray in the kenya icc cases. If it rules otherwise, then it will weaken mr rutos defence.
International criminal court investigations wikipedia. The icc now has 20 cases before it relating to eight situations. Meaning of taking prosecution case at its highest at the icc. William ruto ruto before the international criminal court icc or the court. International criminal court icc, suspected of planning and. Icc prosecutor closes case against dp william ruto, joshua. On 15 july 20, in the context of the case against deputy kenyan president william ruto and. Criminal court icc withdrew the charges of crimes against. Judges declined to confirm charges against mohammed hussein ali on. 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. International criminal court drops case against kenyas. It was the first time the prosecutor had requested such an authorization. Benvenuti, complementarity of the international criminal court to national criminal jurisdictions, in w. 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.
Case admissibility at the international criminal court. 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. 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. Prosecutions response to joint defence request for an order for. The international criminal court icc dismissed another case this week, ordering the release of two more defendants accused of serious international crimes. It is intended to complement existing national judicial systems and it may therefore. Icc or the court, in the case of the prosecutor v william samoei ruto and. James morton handling criminal cases a guide to preparation and defence 1986 waterlow this will be referred to as handling of criminal cases. Icc to make key ruling in ruto case friday africa latest. 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. 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.