by Siji Jabbar
![Ruto at ICC [660x300]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_uXal5aDDnPvYUjgsvCd4aHLW2SbF7NL2bKVJhnHaLGL0LoPRrdvbVVR5LAh-wD9I5ypshh9XG1nz-PSJh_k5kzcdO0YrrS6mGhVMxAyxNPF6oaqYjA0qS7gPLFOuCyGWLaGGSSbO19Bb2wKVBcR_kYi3bYFyjIb8xIRkSrkg=s0-d)
Ruto at the ICC today, where he pleaded not guilty to the three charges facing him: murder, deportation and persecution
Last Thursday, Kenya became the first ever country to pull out of the International Criminal Court (ICC), a move one Kenyan MP described as "ill advised". Kenya's Daily Nation and The Guardian (UK) have written about the consequences of this withdrawal.
Last Thursday, Kenya became the first ever country to pull out of the International Criminal Court (ICC), a move one Kenyan MP described as "ill advised". Kenya's Daily Nation and The Guardian (UK) have written about the consequences of this withdrawal.
Although the withdrawal doesn't affect cases already underway, you can't help but wonder what will happen if Kenya's Deputy President William Ruto, his co-accused, journalist Joshua Arap Sang, and President Uhuru Kenyatta are found guilty of the charges of crimes against humanity for allegedly helping to orchestrate 2007-08 post-election violence in which more than 1,000 Kenyans lost their lives. (The opening of the trial in the case Ruto and Sang began this morning. It will continue till the 4th of October, and again from the 14th of October till the 1st of November. A schedule for further hearings will be established in due course. Go to the end of this post to find out how you can follow the trial).
Fatou Bensouda, chief prosecutor of the International Criminal Court
The outcome of this trial, whatever the verdict, is bound to leave many people dissatisfied. If the three are acquitted, the families of the victims won't be at all happy. As ICC Chief Prosecutor Fatao Bensouda said, "It is difficult to imagine the suffering or the terror of the men, women and children who were burned alive, hacked to death or chased from their homes by armed youths.”
ICC member states
But if the three are convicted, the Kenyans who voted Ruto and Kenyatta into office in March this year will be furious, as will many non-Kenyan Africans, and not without good reason. As we wrote last year, crimes against humanity don't occur only in Africa, but thus far the ICC has only indicted Africans. It's almost as if African countries are being punished for doing the right thing in ratifying the the Rome Statute on which the ICC was established (of the 122 countries to ratify the statute, 34 are African). Consequently, the ICC is increasingly seen as a biased institution, a stick with which the west can continue to beat Africa and put it in its place, even if the Chief Prosecutor is herself an African. The African Union feels the same, and has accused the ICC of 'hunting' Africans. It's understandable, then, following Kenya's withdrawal, that Al Jazeera is wondering if other African countries will follow suit. The ICC-Africa relationship just isn't working.
Map of ICC investigations (situation as of July 2012)
Green: Official investigations (Uganda, DR Congo, Central African Republic, Darfur (Sudan), Kenya, Libya, Côte d'Ivoire and Mali)
Light red: Ongoing preliminary examinations (Afghanistan, Colombia, Guinea, Georgia, Honduras, Mali, Nigeria, Palestine and Korea
Dark red: Closed preliminary examinations (Iraq and Venezuela)
With that in mind, it's hard to see Kenyans giving up their democratically elected Deputy President and President - a poll taken in July this year revealed that only 39% of Kenyans still want this trial to proceed, down from 55% in April last year - and with Kenya's withdrawal from the ICC, it's equally hard to see the other members of the government handing over their bosses.
Twenty-one of these members accompanied Ruto and Sang to the Hague (where the ICC is based) in a show of solidarity and to offer moral support, and one of the reporters from our sister station in Kenya recorded the views of one of these MPs:
He could easily have been speaking for the 61% who no longer want this case to proceed. Painful as it no doubt is for the families of the victims, most Kenyans feel they have moved on. The ICC might even reopen old woundswith its trial, and split the country. If that were to happen, it really would spell the death knell for the ICC.
Fatou Bensouda, chief prosecutor of the International Criminal CourtThe outcome of this trial, whatever the verdict, is bound to leave many people dissatisfied. If the three are acquitted, the families of the victims won't be at all happy. As ICC Chief Prosecutor Fatao Bensouda said, "It is difficult to imagine the suffering or the terror of the men, women and children who were burned alive, hacked to death or chased from their homes by armed youths.”
ICC member statesBut if the three are convicted, the Kenyans who voted Ruto and Kenyatta into office in March this year will be furious, as will many non-Kenyan Africans, and not without good reason. As we wrote last year, crimes against humanity don't occur only in Africa, but thus far the ICC has only indicted Africans. It's almost as if African countries are being punished for doing the right thing in ratifying the the Rome Statute on which the ICC was established (of the 122 countries to ratify the statute, 34 are African). Consequently, the ICC is increasingly seen as a biased institution, a stick with which the west can continue to beat Africa and put it in its place, even if the Chief Prosecutor is herself an African. The African Union feels the same, and has accused the ICC of 'hunting' Africans. It's understandable, then, following Kenya's withdrawal, that Al Jazeera is wondering if other African countries will follow suit. The ICC-Africa relationship just isn't working.
Map of ICC investigations (situation as of July 2012)Green: Official investigations (Uganda, DR Congo, Central African Republic, Darfur (Sudan), Kenya, Libya, Côte d'Ivoire and Mali)
Light red: Ongoing preliminary examinations (Afghanistan, Colombia, Guinea, Georgia, Honduras, Mali, Nigeria, Palestine and Korea
Dark red: Closed preliminary examinations (Iraq and Venezuela)
With that in mind, it's hard to see Kenyans giving up their democratically elected Deputy President and President - a poll taken in July this year revealed that only 39% of Kenyans still want this trial to proceed, down from 55% in April last year - and with Kenya's withdrawal from the ICC, it's equally hard to see the other members of the government handing over their bosses.
Twenty-one of these members accompanied Ruto and Sang to the Hague (where the ICC is based) in a show of solidarity and to offer moral support, and one of the reporters from our sister station in Kenya recorded the views of one of these MPs:
He could easily have been speaking for the 61% who no longer want this case to proceed. Painful as it no doubt is for the families of the victims, most Kenyans feel they have moved on. The ICC might even reopen old woundswith its trial, and split the country. If that were to happen, it really would spell the death knell for the ICC.
Our reporter also recorded co-accused journalist Joshua Arap Sang's response:
But while many might be thinking 'just drop the case already!', that's the last thing the ICC is likely to do. That the ICC exists at all is admittedly a remarkable achievement, as is the fact that its existence resonates strongly with people in countries across the world who now know that even the most powerful can be made to face the consequences of their actions. However, the ICC has only managed one conviction since its inception in 2002, that of Thomas Lubanga, who was sentenced last year to 14 years of imprisonment. If the ICC doesn't achieve a conviction in the current case, it's going to become harder for it to justify its existence. After all, the ICC has consumed almost $1 billion so far (its annual budget is $140 million), and that's a heck of a lot of money for one conviction. When commentators describe this case, and the one against Kenyatta (due to begin in November), as crucial tests of the ICC's ability to prosecute political leaders, they're not exaggerating. The institution's credibility is at stake. So the ICC will continue to probe reports that its witnesses are being bribed to abandon the cases against Ruto and Sang, and will see this trial through to the end, possibly praying all the way for a miracle.
We will continue to bring you reports from the Hague as this trial proceeds, as well as reports from Nairobi, Eldoret and Naivasha in Kenya. In the meantime, here are some answers to questions we've been receiving from Kenyan following the trial:
1. What are the criteria the ICC uses to indict someone?
An individual is indicted when a Pre-Trial Chamber issues either an arrest warrant or a summons after it finds that "there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court"
An arrest warrant is issued where it appears necessary "to ensure the person's appearance at trial, to ensure that the person does not obstruct or endanger the investigation or the court proceedings, or, where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances". The Pre-Trial Chamber issues a summons if it is satisfied that a summons is sufficient to ensure the person's appearance. Individuals can only be charged with genocide, crimes against humanity, or war crimes. (Source:Wikipedia)
2. Why are there only three people being put on trial by the ICC?
The prosecutorial policy of the Office of the Prosecutor is to focus its investigations and prosecutions on those who, having regard to the evidence gathered, bear the greatest responsibility for crimes of concern to the international community. Which means the ICC is not in a position to bring to justice every person suspected of committing such crimes.
3. What could the range of sentences be?
The judges may impose a prison sentence, to which may be added a fine or forfeiture of the proceeds, property and assets derived directly or indirectly from the crime committed. The Court cannot impose a death sentence. The maximum sentence is 30 years. However, in extreme cases, the Court may impose a term of life imprisonment. (Source: ICC)
4. If any of the accused is convicted, can he appeal?
A convicted person, or the Prosecutor on that person’s behalf, may appeal a conviction on the above grounds or on any other ground that affects the fairness or reliability of the proceedings or decision. The Prosecutor or the convicted person may appeal the sentence imposed on the ground of disproportion between the crime and the sentence. (Source:ICC)
How to follow the Hague trial
The hearings will be held in open session unless ordered otherwise. The proceedings can be followed with a 30-minute delay on the ICC website at:
English: http://www.icc-cpi.int/AVStream/icc1.asx
French: http://www.icc-cpi.int/AVStream/icc2.asx
But while many might be thinking 'just drop the case already!', that's the last thing the ICC is likely to do. That the ICC exists at all is admittedly a remarkable achievement, as is the fact that its existence resonates strongly with people in countries across the world who now know that even the most powerful can be made to face the consequences of their actions. However, the ICC has only managed one conviction since its inception in 2002, that of Thomas Lubanga, who was sentenced last year to 14 years of imprisonment. If the ICC doesn't achieve a conviction in the current case, it's going to become harder for it to justify its existence. After all, the ICC has consumed almost $1 billion so far (its annual budget is $140 million), and that's a heck of a lot of money for one conviction. When commentators describe this case, and the one against Kenyatta (due to begin in November), as crucial tests of the ICC's ability to prosecute political leaders, they're not exaggerating. The institution's credibility is at stake. So the ICC will continue to probe reports that its witnesses are being bribed to abandon the cases against Ruto and Sang, and will see this trial through to the end, possibly praying all the way for a miracle.
We will continue to bring you reports from the Hague as this trial proceeds, as well as reports from Nairobi, Eldoret and Naivasha in Kenya. In the meantime, here are some answers to questions we've been receiving from Kenyan following the trial:
1. What are the criteria the ICC uses to indict someone?
An individual is indicted when a Pre-Trial Chamber issues either an arrest warrant or a summons after it finds that "there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court"
An arrest warrant is issued where it appears necessary "to ensure the person's appearance at trial, to ensure that the person does not obstruct or endanger the investigation or the court proceedings, or, where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances". The Pre-Trial Chamber issues a summons if it is satisfied that a summons is sufficient to ensure the person's appearance. Individuals can only be charged with genocide, crimes against humanity, or war crimes. (Source:Wikipedia)
2. Why are there only three people being put on trial by the ICC?
The prosecutorial policy of the Office of the Prosecutor is to focus its investigations and prosecutions on those who, having regard to the evidence gathered, bear the greatest responsibility for crimes of concern to the international community. Which means the ICC is not in a position to bring to justice every person suspected of committing such crimes.
3. What could the range of sentences be?
The judges may impose a prison sentence, to which may be added a fine or forfeiture of the proceeds, property and assets derived directly or indirectly from the crime committed. The Court cannot impose a death sentence. The maximum sentence is 30 years. However, in extreme cases, the Court may impose a term of life imprisonment. (Source: ICC)
4. If any of the accused is convicted, can he appeal?
A convicted person, or the Prosecutor on that person’s behalf, may appeal a conviction on the above grounds or on any other ground that affects the fairness or reliability of the proceedings or decision. The Prosecutor or the convicted person may appeal the sentence imposed on the ground of disproportion between the crime and the sentence. (Source:ICC)
How to follow the Hague trial
The hearings will be held in open session unless ordered otherwise. The proceedings can be followed with a 30-minute delay on the ICC website at:
English: http://www.icc-cpi.int/AVStream/icc1.asx
French: http://www.icc-cpi.int/AVStream/icc2.asx
More details of how to follow the trial atAllAfrica.
You can learn more about the cases on The Hague Trials Kenya website and its partner Facebook page.
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