Kenyan ICC suspect loses US$10 million at airport?

Comment of the Day

Something’s not right here. $10,000,000 in $100 would weigh 100 kg. He couldn’t be carrying that in a backpack. I doubt the story
April 14, 2011, 10:32 pm - soulstar

See report below.

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ICC suspect loses Sh840m at Jomo Kenyatta International Airport
From The Standard www.standardmedia.co.ke
By Standard Reporters
Published date Thursday, 14 April 2011. Full copy:

Police are investigating the reported loss of hand luggage containing about Sh840 million in hard cash. The luggage was being carried by one of The Hague suspects at the Jomo Kenyatta International Airport.

The police were told the bag had US$10 million in $100 bills. The bills had been tied in bundles and stuffed in the black bag he was seen carrying when he alighted from the plane.

"He had it when he came, only his bodyguards have recorded statements. He fears the perception the public would have of him if it were revealed he had with him such huge amount of money.

He has asked the police to keep it secret,’’ a senior police officer told The Standard in confidence.

When two of his bodyguards were questioned where they were when the bag disappeared, they explained to investigators they had gone to clear their boss’ papers with airport staff.

The bodyguards reportedly went looking for the bag on Monday evening – more than ten hours after the politician’s arrival.

They also later recorded statements explaining the circumstances in which they suspect the baggage went missing.

Police sources at Criminal Investigations Department headquarters and JKIA revealed the bodyguards cited their boss, saying he forgot the baggage at the VIP Lounge II, as he left in a hurry to board his car on Monday.

US dollars

"They say the bag had a lot of money in US dollars and their boss left it in the lounge, went for a short call, came back, and sat for a short while before they stood up and left for the arrival area," said a police source, who asked not to be named because of the sensitive nature of the loss and the orders to keep the investigations close to their chests.

The circumstances around the massive loss remain mysterious because surveillance cameras, according to police sources, only recorded the politician with the bag inside the VIP Lounge II, and when he changed his seat.

But the Monday morning CCTV camera footage the police have been ordered to review meticulously record the politician sitting in the lounge with his bag, but does not capture what happened to the bulky hand luggage after he rose to go to the washrooms.

Photo: Jomo Kenyatta International Airport, Nairobi. Photo: Kenya Airports Authority

Both Airport commander Philip Tuimur and his CID counterpart, Joseph Ngisa, refused to comment on the incident Thursday.
A number of Kenya Airports Authority staff and security officers have been questioned in connection with the incident.

At the lounge, several MPs trooped in to welcome the three, when they returned from The Hague.

Security was heavy at the airport then, and only people who were regarded as VIPs were allowed to get into the arrival lounge.

However, police, though uncertain about who walked away with the cash, however suspect the politician may have, in the excitement of rushing out to be met by supporters dancing, and praising him, forgot the treasured bag.

The cameras, however, show him walking out of the lounge and onto the ecstatic welcome by his supporters outside the airport – without the bag he was seen carrying when he left his plane and when he entered the lounge reserved for eminent personalities, diplomats, and top Government officials.

It is not clear how the politician walked through the airport security barrier in Nairobi and at The Hague, with the substantive amount of money, and if at all he had the cash with him when he left Kenya in the first place on May 6.

Forgot the bag

Sources, however, believe he carried the money with him just in case he was asked to deposit a cash bond with the International Criminal Court, to secure his freedom.

The bond would demonstrate will to show up at The Hague when required, following earlier application by Prosecutor Luis Moreno-Ocampo to this effect. But despite Moreno-Ocampo’s application, the Pre-Trial Chamber II judges last week confined themselves only to the identification of the suspects, informing them of their rights, and fixing dates for status review conference, and confirmation hearings.

strict confidence

Detectives were yesterday said to be combing the airport for any evidence that could lead them to whoever may have taken the prized bag.

But in keeping with police tradition of first verifying claims of crime, the detectives are also reportedly keen on also establishing if the well-endowed politician indeed had such amount of money with him at the time.

They are also under orders to piece together what happened inside the lounge for the three hours Finance minister Uhuru Kenyatta, Eldoret North MP William Ruto, and Kass FM radio journalist Joshua arap Sang were at the airport.

It was from here that Uhuru and Ruto were driven to the Uhuru Park ‘prayer’ rally, which Sang, and the other three suspects – Henry Kosgey, Hussein Ali, and Francis Muthaura – skipped.

Though the police were, unlike in other high-profile cases they handle, secretive, it was revealed they were looking at "a figure of more than US$10 million."

When he landed he had the black bag in question among his personal belongings.

The matter is being handled in strict confidence by a team of detectives.

Meanwhile, it has also emerged police are looking for former Kamkunji MP Simon Mbugua for allegedly causing public disturbance at the airport on Monday.

Mbugua is claimed to have confronted Kangundo MP Johnstone Muthama.

Mbugua’s bodyguards have since been arrested and taken to court and charged with causing public disturbance.

Police at the airport said they had not been able to contact Mbugua for questioning.

"We intend to move to court to seek a warrant to arrest him because he seems to be elusive. We have been trying to reach him in vain," said Ngisa.

Hat tip Will Swanson

The other side of Ocampo & Google Web Alerts for: ICC Sudan

FOR the record, here is a copy of an insightful article and an amusing photo published at The Standard. Pity the author's name is not cited. I'd be interested in reading more of the author's writings. My guess is that the author is not American. Whatever, thanks to The Standard for such great reporting.

The other side of Ocampo
Source: The Standard - www.standardmedia.co.ke
By Standard Reporter
Monday, 03 January 2011. Full copy:

The storm Mr Luis Moreno-Ocampo stirred in Kenya over what critics perceive to be his abrasive, arrogant and rash style could just be what makes the strident Argentine lawyer.

Amid criticism locally that he defers to and plays to the American and European gallery and engages in ‘local politics’, at the international arena debate on Ocampo’s tactics and so-called blunders continues.

The criticisms are taking place as concern rises that if Kenya exits from the International Criminal Court (ICC) it could open a floodgate for the rest of African States to do so on the premise it served Western interests.

Ocampo’s outspokenness on his cases would continue to confound Kenyans ahead of March’s determination of his application for summonses against six prominent Kenyans.

This includes his vow to make Kenya an example to the World on impunity even before he commenced investigations and the naming of the six at an international news conference along with the charges he wants lined against them.

The thrust of arguments against Ocampo’s style hinge on what is perceived to be personalised approach, search for stardom through media, and breakneck speed. It is this style that has propped accusations that so far, he has failed to successfully indict those charged from crimes committed in Sudan, Congo and Uganda since the court was established in April 2003.



ICC Chief prosecutor Luis Moreno-Ocampo

The World Affairs Journal, which is online, has a 6,000-word critical audit of Ocampo’s style, performance and conduct in office. The hard-hitting piece was posted in Spring 2009. The appraisal by renowned writers, authors and researchers Julie Flint and Alex de Waal, came as Kenyan leaders continued to criticise Ocampo amidst mounting pressure on the country to pull out of Rome Statute.

Information Minister Samuel Poghisio warned that Ocampo had become a "political persecutor" who has "thrown all caution to the wind in pursuit of some individuals."

Justice Assistant Minister William Cheptumo argued Ocampo neither bothered to carry out fresh investigations on post-election violence nor had capacity to do so.

The piece by Flint and de Waal raised serious credibility issues on Ocampo as a Prosecutor at the ICC.

"The UN Department of Peacekeeping Operations didn’t want its overstretched and vulnerable peacekeepers conscripted as ICC enforcers. It also had Luis Moreno-Ocampo as its lead prosecutor," they wrote.

"But three years into his tenure, many in the Office of the Prosecutor (OTP) were questioning his ability to do the job. A further three years on, and the Court is in trouble — a trickle of resignations has turned into a haemorrhage, and cases under prosecution and investigation are at risk of going calamitously wrong," the World Affairs Journal wrote.

It further reported that though several high ranking investigators and those serving in the OTP are among the best legal brains, many had quit over the years because they did not approve how cases were being investigated.

The authors also raised a sex scandal in which a South African journalist reportedly accused Ocampo of forcing himself on her, including confiscating her keys and confining her.

When the then ICC Public Information Adviser, Christian Palm, filed a "gross misconduct" complaint against Ocampo, the Prosecutor fired Palm.

Other critics like Ugandan Dr David Nyekorach-Matsanga, who used to be the spokesman of Uganda’s fugitive rebel leader Joseph Kony, have written to the court and the United Nations Security Council asking for the Kenya case to be stopped.

"We have given the judges our views on the situation in Kenya because we believe Ocampo has not done any sufficient investigations in the country apart from holding hotel meetings in Nairobi," argued Matsanga who asked for ‘neutral investigation into the Kenyan case".

So far Ocampo has only managed to conclude the Lubanga trial on atrocities committed in Congo, which ended in an acquittal while an arrest warrant for Sudan President Omar al-Bashir is still pending.

On the Darfur genocide case, Flint and de Waal faulted Ocampo’s performance concluding: "The OTP got no further than the Hilton Hotel."

The journal said by the end of 2008, the Court had granted victim participation rights to just eleven Sudanese, as opposed to 171 Congolese and 57 Ugandans, and not a single case for witness protection on behalf of Darfurians had been presented before the judges.

The Prosecutor is said to have issued summons for two Sudanese whom he alleged were responsible for massacres and on February 27, 2007, demanded that Ahmed Harun, Minister of State for the Interior and Head of the "Darfur desk" that co-ordinated military and security operations in the region, and Ali Kushayb, a militia commander, to present themselves before The Hague.

Unlike in a domestic court, the ICC has a "Pre-Trial Chamber" of three judges who decide whether cases meet a relatively low threshold of reasonable grounds to conclude that a crime has been committed within the Court’s jurisdiction.

They argued Ocampo’s greatest asset was an exemplary cadre of professional staff for whom working at the ICC was more than a career — it was a vocation.

"I loved this job," an early recruit to the OTP told us. "It was my life."

The publication also reported, "the Prosecutor had opportunity to draw upon the accumulated expertise of existing international tribunals and some of the world’s finest lawyers and investigators but the asset was rapidly squandered."

It said increasingly "Moreno-Ocampo’s staff found it difficult to agree with their own Prosecutor, whose penchant for publicity and extravagant claims rather than fine detail was the polar opposite of their own work ethic."

"As the pressures on him mounted, Moreno Ocampo, in the opinion of many of his colleagues, began to "cut corners," wrote the paper.

The writers further pointed out that Ocampo announced publicly that he planned to intercept a plane on which Harun, the Sudanese suspect was scheduled to fly to Saudi Arabia for the Haj."

"If he really sought to arrest Harun, why advertise his own plan?" asked the writers.

The online publication said, "as internal criticism grew louder, Moreno-Ocampo listened less and took closer personal charge than ever…A senior team member said the Prosecutor was the most complicated and difficult manager he had ever worked for, emotionally volatile and obsessed with micromanaging."

"A key member of the OTP is said to have left, "saying privately that he was fearful of having to defend an indefensible position a few years down the line," they reported.

Mosop MP David Koech claimed the African Union no longer had faith in the Rome Statute and several member countries would soon initiate a process to be excluded from it.

"The ICC Prosecutor has performed way below expected international standards in the Kenyan case and has proved to all that he is a political activist and not a professional prosecutor," Koech said.

Ocampo’s former boss in the Argentine military ‘Junta’ trials, the journal reported, "disliked his love of the media spotlight".

It added, "many prosecution witnesses, victims of some of the worst human rights abuses on the continent, shied away from him."

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Further Reading

The Ocampo Six are Kenyans, but Rwanda, Uganda need to worry
Source: The East African - www.theeastafrican.co.ke
By Joint Report - Monday, 20 December 2010
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Case Closed: A Prosecutor Without Borders
Source: The World Affairs Journal - www.worldaffairsjournal.org
By Julie Flint and Alex de Waal - Spring 2009

Click here to read comments in response to the article at www.worldaffairsjournal.org. Incase the page disappears here is a copy of the comments:

I have very carefully and slowly read this article. If it was Christmas, this would be the Authors' Christmas gift to me. I wish there was a way in which this article could be made more accessoible to as many people as possible - especially to those of us who had been recently described by Professor Mahmoud mamdani as Human Rights Fundamentalists. Ther is everything wrong with individual who abuse their power but this pales in comparison to those who make every efforts to subvert entire systems for personal agrandisement.

Posted by Abdulrahman Wandati | April 8, 2009 11:31:34 AM EDT
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The anomalies exposed by the authors of this article regarding the ICC's decision to issue the arrest warrant of Al-Bashir , president of Sudan glaringly show the contradictions/ paradoxes The Hague based court of International Criminal Court seems to have suffered from, thereby undermining the dignity, neutrality and impartiality that is expected from and imputed with that court in terms of maintaining justice/ judicious perception both in form and substance.

Posted by Syed Qamar Afzal Rizvi | April 19, 2009 08:38:34 AM EDT
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Most of the controversy over the Bashir case has focused on the prudence of indicting a head of state in a fragile country prone to conflict. Those 300,000 died are human beings. Why iis Alex de Waal alway and unconditionally defending criminal al-Bashir?

Posted by Darfur Daily News | May 8, 2009 3:11:51 PM EDT
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I can't see how any interpretation of this article could be read as a defense of al-Bashir. The focus is on Ocampo's failure to meticulously, or otherwise, gather probative evidence to support the charges, rather he seems to be pursuing a maxim of "fiat justitia ruat caelum" (let justice be done though the heavens may fall) in a conflict region where it seems quite likely that the heavens might do just that.

Posted by Rachel Flynn | June 25, 2009 7:11:35 PM EDT
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Dear Sir: Alex de Waal advance against Luis Moreno Ocampo (“Case Closed,” Spring 2009), it helps to know that the authors’ real grievance is that leveling international charges against Sudanese President Omar al-Bashir is a mistake. The authors put forward Moreno Ocampo as the alleged incompetent, but their true disagreement is with a host of actors: the ICC Judges, who issued the warrant naming Bashir; the governments of the U.S., U.K., and France, who have firmly resisted calls to defer Bashir’s prosecution; the UN Security Council, which referred the Darfur case to the ICC back in 2005; and Darfuris themselves, who favor the view that peace in Darfur will not be attained absent justice. I can state that their portrayal of Moreno Ocampo’s ICC tenure rests on a base of misstated facts and material omissions. The authors also fail to disclose the interests and biases of their (unnamed) sources. The authors also fall well short of proving that Moreno Ocampo’s tenure has been incompetent or that he has acted “without borders.” Moreno Ocampo’s decision that his criminal investigators could not safely operate in Darfur was cautious and, in the end, correct. The Sudanese government indeed detained and tortured persons believed to be cooperating with the ICC and recently expelled aid groups based on the same pretext. Most have judged that this Prosecutor’s tenure has been characterized by extreme conservatism in executing the prosecutorial mandate: four investigations opened in the world’s worst conflicts and in each case following either self-referral by an involved State or referral by the Security Council. The Prosecutor’s strict observance of boundaries is what accounts, in no small part, for the Bush administration’s abandonment, over time, of its categorical opposition to support for the court’s work. The issue is not the man or the woman: it’s the mandate and, now, the institution. The view of Flint and de Waal—to propose no solution other than to let even the world’s worst atrocities continue—is becoming obsolete. Discussing policy might be more productive than engaging in character assassination.

Christine Chung
Former ICC Senior Trial
Attorney (2004–2007)

Posted by Christine Chung | May 15, 2009 11:16 AM EDT
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Christine Chung’s fuming response to Alex de Waal’s and Julie Flint’s carefully researched and rather moderate review of the confused years of Luis Moreno Ocampo’s years as ICC Prosecutor needs some background to be fully understood. In the Prosecution Division of the ICC OTP (Office of the Prosecutor) Chung played the role of Moreno Ocampo’s special confidante and hit man. It was a well known fact in the OTP that Chung and Moreno Ocampo had a special and personal relationship. She had the right to bypass her own superior in the Prosecution Division, Deputy Prosecutor Fatou Bensouda, and go directly to Moreno Ocampo, very often providing critical information regarding her colleagues or even her supervisor, the Deputy Prosecutor. Indeed, on one occasion, in 2006, Chung despatched a 500 word e-mail to Moreno Ocampo with accusations against Bensouda for being incompetent. The wording in this e-mail (which I have read, courtesy of Moreno Ocampo’s personal assistant Sofia Velasco), was such that in any normal organisation an employee who, while bypassing her own superior had sent a similar letter to a principal, would have been the subject of disciplinary proceedings, or even immediate dismissal. The problem of Chung’s short cut to Moreno Ocampo was widely discussed in the office and one (brave) colleague of Chung in the PD (Prosecution Division) even had the audacity to bring it up in a conference with all OTP managers present. Chung was also known for aggresively hunting Moreno Ocampo dissenters in the office, often with e-mails that were copied to many staff members. These e-mails routinely were laced with highly abusive personal remarks. The Investigation Divison even had compiled a special file of these abusive e-mails. One staff member in the end found it necessary to invoke the internal rules against “sexual and other forms of harassment” in order to bring a halt to Chung’s abusive campaign. Chung’s comments to World Affairs should hence not be seen as independent of Moreno Ocampo, but rather as a proxie or client acting on orders from Moreno Ocampo. Christian Palme former Public Information Adviser to the ICC prosecutor.

Posted by Christian Palme | September 8, 2009 09:17:52 AM EDT
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ICC Vs. SUDAN: Calculating the cost
Source: Sudan Tribune - www.sudantribune.com
By Kwathi Ajawin - November 26, 2008*
The author is a Sudanese church and community leader based in Washington, DC., and can be reached at Akolkwathi@yahoo.com

*Note from Kenya Watch editor: The article at Sudan Tribune came to my attention via a Google Web Alert emailed to me by google.com, today, Sunday, 02 January 2011 at 21:49 PM GMT UK. Here is a copy of the email:

From: googlealerts-noreply@google.com
Subject: Google Alert - ICC Sudan
Date: 2 January 2011 21:49:16 GMT

=== Google Web Alert for: ICC Sudan ===

ICC Vs SUDAN Calculating the cost Sudan Tribune Plural news and ...
By Kwathi Ajawin November 26, 2008 — What makes it difficult for some to
join the debate on our Sudanese forums on the issue of the ICC is the (...)
http://www.sudantribune.com/ICC-Vs-SUDAN-Calculating-the-cost,29388>

This as-it-happens Google Alert is brought to you by Google.

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UPDATE: Here is a copy of a "Google Blogs Alert for: ICC Sudan" emailed to me by google.com on Monday, 03 January 2011 at 00:48 AM GMT UK. The Alert features the blog post above. Note that Google's excerpt makes no mention of the current articles featured in the post above. Weird.

=== Google Blogs Alert for: ICC Sudan ===

The other side of Ocampo & Google Web Alerts for: ICC Sudan
By Editor
Google Web Alert for: ICC Sudan === ICC Vs SUDAN Calculating the cost Sudan
Tribune Plural news and ... By Kwathi Ajawin November 26, 2008 — What

makes it difficult for some to join the debate on our Sudanese forums on

the issue of the ...
http://kenyawatch.blogspot.com/2011/01/other-side-of-ocampo-google-web-alerts.html>
KENYA WATCH
http://kenyawatch.blogspot.com/>

This as-it-happens Google Alert is brought to you by Google.

Why the ICC is wrong in Kenya and Sudan

Moreno-Ocampo and with equal measure, Washington, unquestionably are causing a political fallout that can split the cabinets of both, within Sudan and Kenya, at the very time day-to-day management is required by the African Union to keep the peace.

This blog author and the following writer believe ICC actions do more harm than good to Kenya and Sudan.

Why The ICC Is Wrong In Kenya And The Sudan
Source: Black Star News - www.blackstarnews.com
Author: Bob Astles
Date: Monday, 20 December 2010

Luis Moreno-Ocampo, the International Criminal Court (ICC) Prosecutor who has little if any real knowledge of Africa and its mass of mini-nations, seemingly has the one ambition of bringing the Sudan to disaster as the result of his personal quest for President Omar Hassan al-Bashir.

He is not thinking of the consequences that would occur during this period when the Sudan is organizing itself into a new destiny of nationhood. Here we have a person brought up in South America where crime, disaster, corruption and lack of democracy are endemic.

He seems unaware that Africa has had, and is doing its best to shake off, the yoke of colonialism and the White man’s re-drawing of borders that have left mini-nations divided in two or three different colonial countries which now makes it extremely hard toil for elected leaders to create "one nation, one people."

This is especially so when foreigners, with complete indifference to the needs of Africans, swoop in and corrupt different ethnic groups to gain the wealth of oil and minerals and in doing so bring ethnic violence that is then supplied with imported modern weaponry.

The Sudan is one such case but Kenya, right on the Sudan's border, now is also under the “iron fist” of Moreno-Ocampo.

Certainly we have seen atrocities committed during Kenya’s elections and certainly the super powers were saying and aware there would be killings, rape and human atrocities at such a time.

Yet this Western version of democracy is what the USA demanded. They shrugged their shoulders at more seasoned advice to let Africa find its own destiny and not let those like Moreno-Ocampo crack the whip upon young African nations where even basic schooling has not reached the hungry masses.

So now in Kenya we have President Mwai Kibaki and his Prime Minister Raila Odinga bashing heads together and thoroughly alarmed by the release of Moreno-Ocampo’s list of the Kenyans he wishes to put on public trial in a European court; especially as those named are key personalities of the mini-nations making up the newly formed coalition government.

Moreno-Ocampo and with equal measure, Washington, unquestionably are causing a political fallout that can split the cabinets of both, within Sudan and Kenya, at the very time day-to-day management is required by the African Union to keep the peace.

If the future welfare of these two large and important African nations were truly a matter of benevolent concern it would be clear that at such a critical transitional period both nations need a breathing space from constant hostile western press attacks and the ICC spotlight that are shifting daily the ground under the leaders’ feet.

Bob Astles lived for many years in Africa and was an advisor to Ugandan dictator Idi Amin.

"Speaking Truth To Empower."

UK to fund relocation of ICC witnesses

UK to fund relocation of ICC witnesses
Source: Capital FM - www.capitalfm.co.ke
Author: Anthony Kagiri
Date: Friday, 26 November 2010

THE HAGUE, Nov 26 - Britain has donated Sh25.3 million to a special fund of the International Criminal Court (ICC) for relocations of witnesses at risk from Kenya.

A statement posted on the ICC website on Friday said the money would be given to countries willing to host the witnesses but are not in a position to finance such support.

It also seeks to foster regional solutions for the relocation of witnesses at risk, thereby reducing the impact of transfers on their life.

"This donation constitutes an important gesture towards the victims and witnesses of post-election violence in Kenya, and towards international justice and the common fight against impunity," the statement said.

The court added that the witness protection programme should help encourage witnesses to be more confident in contributing to the investigation, assisting the goal of accountability that the victims and others have been campaigning for.

"Using such arrangements, the court also seeks to galvanise cooperation partners into strengthening national capacity to protect witnesses in such regional states."

The court is investigating the deadly 2008 post election violence that led to over 1,333 deaths and displacement of over 600,000 people. ICC prosecutor Luis Moreno Ocampo has said he will be presenting cases against six individuals to the ICC judges by end of next month.

The grant comes in the wake of controversy surrounding the housing of the witnesses by the State-run Kenya National Commission on Human rights with two of its witnesses saying that they were bribed by the commission to implicate Eldoret North MP William Ruto. This was preceded by claims that some suspects had attempted to compromise witnesses and investigators.

However in the statement, the court said it remains concerned about continuing reports of witness intimidation and official interference.

"Those who attempt to subvert the search for justice should be aware that they also could find themselves accountable for their actions in The Hague," said the statement.

The cooperation agreement was signed by Paul Arkwright, the Ambassador of the United Kingdom of Great Britain and Northern Ireland, to the Kingdom of the Netherlands and the Registrar of the Court, Silvana Arbia.

Before signing the Understanding, the Registrar noted that "by making a substantial donation to the Special Fund, the United Kingdom stands as an example to other States' willingness to support victims and witnesses who are at risk on account of their interaction with the Court".

The Ambassador stated that "The UK supports the court's work, with the Kenyan Government, to promote justice for the many victims of the post-election violence.

As the court was getting the assistance Kenya reiterated its commitment to fully cooperating with the International Criminal Court to facilitate its mandate in the country.

Internal Security Minister George Saitoti who is the chairman of the Cabinet sub-committee coordinating ICC matters outlined key steps the State has taken to facilitate the court's work including appointing a designated judge to facilitate the recording of statement from Provincial Commissioners and Police chiefs. Others include facilitating the establishment of an ICC office in the country, handing over of documents, reports and minutes and the gazetting of regulations or the implementation of the International Crimes Act.

"The Office of Prosecutor has continually expressed satisfaction with the level of the government's cooperation," he said.

The court's statement vindicated Prof Saitoti's view saying: "We welcome the Kenyan Government's cooperation with the Court on this case."

ICC Ocampo: Violence it is not a ticket to power, but to The Hague

THE ICC is working towards using the Kenyan case as a deterrent to other African countries against use of violence as a means of getting into power.

Already, officials from the ICC have been to Guinea, which is planning its elections, and Cote d'voire to impress upon the leaders to hold peaceful elections.

"Kenya's case is a signal that if you produce massive violence it is not a ticket to power, but to The Hague," the ICC prosecutor said.

Mr Ocampo, however, admitted that he is working against 'strong elements' who still perpetuate the idea that committing atrocities is a way of gaining power.

Full story below.

Kenya: Four to Stand Hague Trial Over Poll Violence This Year
Report by Daily Nation, Nairobi (reprinted at AllAfrica)
Written by Cosmas Butunyi and Peter Leftie
Originally published on Friday, 22 October 2010. Copy in full:

Nairobi — ICC Chief Prosecutor Luis Moreno Ocampo said on Friday that at least four ODM and PNU officials would appear before him by the end of the year.

"I will present my first two cases this year against two to three individuals from the two different sides," Mr Ocampo said in an interview with the France24 international news channel.

Mr Ocampo said the cases, which would be based on evidence, could involve senior government officials. The ICC is working towards using the Kenyan case as a deterrent to other African countries against use of violence as a means of getting into power.

Already, officials from the ICC have been to Guinea, which is planning its elections, and Cote d'voire to impress upon the leaders to hold peaceful elections.

"Kenya's case is a signal that if you produce massive violence it is not a ticket to power, but to The Hague," the ICC prosecutor said.

Mr Ocampo, however, admitted that he is working against 'strong elements' who still perpetuate the idea that committing atrocities is a way of gaining power.

On the claims by critics that the ICC has focused more on the continent, instead of its global scope, Mr Ocampo said that he took up some of the cases he is handling, such as Uganda, Congo and the Central African Republic upon invitation by the country's leaders.

Mr Ocampo described the case of Sudan President Omar Al Bashir as the 'most complicated' that he is handling. He added: "When the international community is united, it is part of the solution. When it is divided, it is part of the problem."

Record statements

Meanwhile, top security officials in charge of post-election violence hot spots will have to wait a little longer before they can appear before the ICC investigators, it has emerged.

Lawyers representing PCs, DCs and provincial police bosses on Friday said their clients would only appear before ICC detectives once the rules governing the recording of statements are published and the registry set up.

One of the lawyers, Mr Evans Monari, noted that the advocates will need time to consult with their clients before recording statements after the registry is set up.

He said the lawyers expect to have a meeting with the judge appointed by the government to preside over the recording, Justice Kalpana Rawal. "We expect her to call us for a meeting to discuss house keeping issues," the lawyer stated.

The rules state how evidence from witnesses, in this case the top security chiefs, is to be gathered and how notices summoning them to appear before the ICC detectives are to be made.

Justice Rawal is expected to witness the recording of statements from the security chiefs before certifying and handing them to the Attorney-General.

Re post-election violence in Kenya: ICC Ocampo to prosecute six suspects

THE 2007/08 post-election violence in Kenya left more than 1,000 people dead and thousands others displaced from their homes.

In a statement released on Tuesday, the International Criminal Court chief prosecutor Luis Moreno Ocampo said that he will present two separate cases to judges before the end of the year charging between four and six people he believes "bear the greatest responsibility for the most serious crimes."

In April, Moreno Ocampo said he had a list of 20 possible suspects that included PNU and ODM leaders.

Full story below.

Ocampo to prosecute six post-election suspects
From The Standard (www.standardmedia.co.ke)
Wednesday, 22 September 2010:

The International Criminal Court (ICC) chief prosecutor Luis Moreno Ocampo reiterates that he will present two cases against four to six individuals suspected of instigating post-election violence in Kenya.

The 2007/08 post-election violence left more than 1,000 people dead and thousands others displaced from their homes.

In a statement released on Tuesday, Ocampo said that he will present two separate cases to judges before the end of the year charging between four and six people he believes "bear the greatest responsibility for the most serious crimes."

The statement did not mention the names of potential suspects or give more detail on when Ocampo would file the cases to judges at the court, who would have to authorise any arrest warrants.

In April, Moreno Ocampo said he had a list of 20 possible suspects that included PNU and ODM leaders.

Kenya’s commitment to cooperate with ICC was called into question last month when it invited Sudan's President Omar al-Bashir during a visit. Al-Bashir has been indicted for genocide for allegedly masterminding atrocities in Sudan's Darfur region.

Moreno Ocampo underscored in his statement that both Kibaki and Odinga — political rivals in the disputed election that led to the violence — had publicly expressed support for his investigation.

He also said he hopes "the Kenyan justice system will ultimately deal with the many perpetrators that the ICC will not prosecute."

The international tribunal is a court of last resort that takes on cases only when a country is unwilling or unable to bring to justice perpetrators of genocide, crimes against humanity and war crimes.

Judges at the court publicly rebuked Kenya in August for failing to arrest al-Bashir, saying the country had "a clear obligation to cooperate" in enforcing arrest warrants.

Foreign Affairs Minister Moses Wetangula defended inviting al-Bashir to celebrate Kenya's new constitution, saying the Sudanese president is the "head of state of a friendly neighbour state."

Kenya tells ICC why Bashir was not arrested

Kenya's Foreign Affairs minister Moses Wetang'ula told the President of the assembly of state parties to the Rome statute of the ICC, Mr Christian Wenaweser that Kenya was bound by African Union's decision not to arrest Bashir.



Photo: Kenya's Foreign Affairs minister Moses Wetang'ula

Kenya tells ICC why Bashir was not arrested
From Daily Nation (www.nation.co.ke) by Lucas Barasa
Sunday, September 19 2010 at 13:11

Kenya has explained to the International Criminal Court why it did not arrest Sudan President Omar Bashir when he attended the promulgation of new constitution.

Foreign Affairs Minister Moses Wetang'ula told the President of the assembly of state parties to the Rome statute of the ICC Mr Christian Wenaweser that Kenya was bound by African Union's decision not to arrest Bashir.

“The minister clarified that the decision not to arrest Bashir was a resolution by the African Union, of which Kenya is also a member, and due to the complexity of the crisis in Darfur, AU was in agreement that arresting Bashir during this critical period towards a referendum would jeopardize the peace process,” a statement from Ministry of Foreign Affairs communication’s chief, Judith Ngunia, said.

The minister explained that following the issuance of the arrest warrant for Bashir, the AU, noting the complexity of the Sudan in relation to Darfur, the Comprehensive Peace Agreement, the relationship between the North and the South, invoked a clause of the ICC and asked the UNSC to suspend the warrant to allow the African efforts to resolve the crisis.

The UNSC never came back to Africa following which the AU summit in Sirte in July 2009, in Addis in January 2010 and in July Kampala 2010, took a decision that its member states were not obliged to cooperate on the case of Bashir, and invoked a Sanctions clause in the Constitutive Act, for non-compliance.

The AU position was also guided by recommendations of its Panel of Eminent Persons led by President Mbeki that urged the solving of the Sudan problem within a comprehensive framework of peace, security, justice and stability.

The minister who is attending a UN General Assembly in New York added that Bashir’s visit “was in the wider context of good neighbourliness and peace in the region as Kenya was a strategic partner of Sudan, and also the custodian of the comprehensive peace agreement and therefore had a mandate to safeguard the peace process towards a successful referendum in January 2011.”

The minister who met Mr Wenaweser in New York assured him of Kenya’s commitment in fighting impunity and that Kenya will defend the Rome statute as witnessed in the recent signing of the agreement with the ICC registrar in Nairobi.

The agreement gives the court independence to fully and efficiently discharge its mandate and fulfill its purpose within the country.

Mr Wenaweser is also the permanent Representative of Lichestien to the UN in New York.

He supported Kenya’s effort to continue engaging both parties in Sudan’s Comprehensive Peace Agreement for a successful referendum in 2011 and to ensure that peace, security and stability prevails in Sudan during and after the referendum.

Mr Wenaweser also supported the recent political developments in Sudan with regard to the CPA, and following talks between Presidents Kibaki and Bashir of Sudan in Nairobi in which the two parties agreed that the referendum must go on as scheduled for January 9.

Mr Wenaweser said Africa had the biggest membership within ICC and therefore should not be ignored, and pledged to support Kenya’s effort to have more funds directed towards peace keeping in the region and in particular in Somalia.
Mr Wetang'ula was accompanied by Kenya’s ambassador to Ethiopia Dr Monica Juma among others.

Kenya got a backlash from among others US President Barack Obama for hosting Mr Bashir during the promulgation ceremony.

Mr Bashir is wanted by the ICC over atrocities committed in Sudan’s region of Darfur.

Kenya allows the ICC to open office - China to support Kenya at the UN over Bashir

TODAY, according to a report just in from the Associated Press, Kenya granted the ICC immunity from legal challenges, tax exemptions and other privileges in a letter signed by Foreign Affairs Minister Moses Wetangula. The report says:

The move comes only a week after Kenya hosted Sudanese President Omar al-Bashir during a ceremony for Kenya's new constitution.

The ICC registrar has been in Kenya since Wednesday to seek government assurances it will cooperate with the court and educate the public about how it operates.

Full story here below. Note the word I have highlighted in red and the following Quote of the Day from this site's parent blog, Sudan Watch, 21 July 2010 - Ocampo announces ICC's verdict before indictment:

"According to my understanding of the decision, the [International Criminal] Court did not find [Sudanese] President Bashir guilty of these crimes. Rather, it considered that there were reasonable grounds to suppose that he might be guilty. This is an important distinction. While the Prosecutor will argue, in court and in public, that Bashir is guilty, I am surprised that he is announcing a verdict of the Court before there has been an indictment (so far we have an arrest warrant — any indictment will follow a confirmation of charges hearing) let alone a trial." - Dr. Alex de Waal OBE, Making Sense of Sudan, 18 July 2010

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Kenya allows Int'l Criminal Court to open office
By TOM MALITI (AP) – Friday, 03 September 2010

NAIROBI, Kenya — Kenya on Friday allowed the International Criminal Court to open an office in the country, a development that comes after Kenya's commitment to the court came into question when the nation hosted Sudan's indicted leader last week.

ICC Prosecutor Luis Moreno Ocampo is investigating top Kenyan leaders and businesspeople for their roles in the country's December 2007 to February 2008 post-election violence that killed more than 1,000 people.

On Friday, Kenya granted the ICC immunity from legal challenges, tax exemptions and other privileges in a letter signed by Foreign Affairs Minister Moses Wetangula.

The move comes only a week after Kenya hosted Sudanese President Omar al-Bashir during a ceremony for Kenya's new constitution.

Al-Bashir faces charges of genocide and crimes against humanity at the ICC stemming from the violence in Sudan's Darfur region. Despite being a party to the statute that created the ICC, Kenya did not arrest al-Bashir, arguing that such a move would destabilize Sudan.

That decision provoked an international outcry, including words of rebuke from President Barack Obama, and it raised doubts about the country's willingness to hand over Kenyan suspects expected to soon be charged by the ICC.

The ICC does not have its own police to enforce arrest warrants and it relies on member states such as Kenya to execute them.
Kenyan Cabinet leaders, including Wetangula, met with ICC Registrar Silvana Arbia on Friday.

"We have agreed to comply with every aspect of the (ICC) request for the privileges and immunity which their officers require to be able to undertake their work," said Minister of State for Internal Security George Saitoti, who chairs the Cabinet subcommittee on the ICC.

"I trust that the government of Kenya will fully respect its obligations under the Rome Statute," which established the ICC, Arbia said after receiving the letter.

The ICC registrar has been in Kenya since Wednesday to seek government assurances it will cooperate with the court and educate the public about how it operates.

Moreno Ocampo has said he believes crimes against humanity were committed during Kenya's political violence.

The court allowed him to open an investigation in April and he has said he expects the investigation to conclude by the end of this year. Moreno Ocampo has said he expects to charge up to roughly a half-dozen people who allegedly directed the violence.

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China to shield Kenya at the UN over Bashir
Report from PPS Capital FM - 03 September 2010 - excerpt:

NAIROBI, Kenya - China on Friday declared support for Kenya's decision to invite Sudanese President Omar al Bashir to attend the promulgation of the new constitution in Nairobi last week.

During talks with President Mwai Kibaki, visiting vice Chairperson of the Standing Committee of the Chinese People's Congress (NPC) Chen Zhili pledged China's support for Kenya if the country is subject of discussion at the United Nations Security Council over the issue.

"Kenya as a neighbor and guarantor to the Comprehensive Peace Agreement (CPA) on the Sudan require the support and not condemnation by the international community in her efforts to broker peace between the Southern and Northern Sudan.", Ms Zhili said.

She expressed appreciation to President Kibaki and the Kenya government for the pivotal role played in brokering peace in Sudan and the horn of Africa.

Zhili who is also the NPC Chairperson of all Women's Federation, assured President Kibaki that China would provide the necessary support towards peace and stability in the horn of Africa. [...]

Kenya was perfectly right to invite Sudan's president - Bashir's arrival brought Kenya airport to a standstill

Quote of the Day

"It is clear that the attempt by the Pre-Trial Chamber and some of the UN Security Council members to create a controversy totally fails to appreciate the context of the Horn of Africa region." -Thuita Mwangi (Source: see op-ed here below)

Kenya:
Location: Eastern Africa, bordering the Indian Ocean, between Somalia and Tanzania
Area - comparative: slightly more than twice the size of Nevada
Land: total: 3,477 km
Boundaries: border countries: Ethiopia 861 km, Somalia 682 km, Sudan 232 km, Tanzania 769 km, Uganda 933 km
Population: 33,829,590
Languages: English (official), Kiswahili (official), numerous indigenous languages

Kenya was perfectly right to invite Sudan President Omar al-Bashir
The Nation (Kenya) - 29 August 2010 at 16:58
By THUITA MWANGI

In the last two days, a lot of heat has been generated around the visit of Sudanese President Omar Al-Bashir during the promulgation of our new Constitution.

The unfortunate statements attributed to some members of the UN Security Council as well as the ICC Pre-Trial Chamber cannot go without a response. The statements, and the decision, assert that African Union member states have “a clear obligation to co-operate with the Court in relation to the enforcement of such warrants of arrest. . . .’’ to which Kenya is a State Party.

It is quite curious that the decision by the Pre-Trial Chamber was made strangely in respect of the “expected attendance of Omar Al Bashir at the celebration scheduled for Friday 27 August”. Anyone conversant with the proper role and mandate of the ICC must be dismayed by the manner in which this decision was arrived at, let alone the substance and implications.

It is clear that the attempt by the Pre-Trial Chamber and some of the UN Security Council members to create a controversy totally fails to appreciate the context of the Horn of Africa region. First, Kenya’s stability is linked to that of its neighbours and the region. Indeed, Kenya has an abiding interest in ensuring peace and stability there by promoting peace, justice and reconciliation.

This can be achieved through continuous engagement with the Sudanese Government. Kenya has remained seized with Sudan, supporting the process that led to the signing of the Comprehensive Peace Agreement, as well as its implementation. Kenya continues to bear the negative consequences of the civil war that it helped negotiate to end.

For this reason, the country remains keen to pursue any measure that would encourage Sudan to attain sustainable peace. Furthermore, as a member of IGAD and a guarantor to the peace process in Sudan arising from the implementation of the Comprehensive Peace Agreement and the impending referendum in South Sudan, Kenya has an absolute duty and obligation.

The objective of having representation from the region, particularly Sudan, at Kenya’s most historic political event was therefore, to share a positive national development and to encourage Sudan as it moves towards its own historic referendum in early 2011.

The enthusiasm of the ICC to involve the UN Security Council is not only a reflection of its failure to appreciate the intricate reality on the ground, but also an indicator of yet another effort to force African countries to support the ICC.

This is irrespective of the complex dynamics that require striking a balance between peace and justice, which Kenya believes is not only necessary for Sudan, but essential for stabilising the region. In inviting President Bashir, Kenya is acting in alignment with the African Union decisions on this matter.

Interestingly, both the statements and the decisions grossly ignore the obligations of Kenya to the AU, arising from decisions of Assembly/AU/Dec. 245(XIII) adopted by the 13th Ordinary Session of the Assembly of Heads of State and Government, wherein the Assembly “decide[d] that in view of the fact that the request by the African Union has never been acted upon (by UN Security Council), the AU Member States shall not co-operate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to immunities, for the arrest and surrender of President Omar El Bashir of The Sudan”.

Also, the statements did not take cognisance of the obligations of AU member states arising from Article 23 (2) of the Constitutive Act of the African Union, which obligates all members “to comply with the decisions and policies of the Union”. To this extent, the decisions adopted by the AU policy organs are binding on Kenya.

Kenya strongly believes that sustainable peace and security anywhere must be underpinned by the three interconnected, mutually interdependent pillars of peace, justice and reconciliation.

It will be recalled that the repeated appeals to the UN Security Council by the Assembly of Heads of State and Government of the African Union as well as the AU Peace and Security Council to defer the proceedings against President Bashir for one year, and to allow for the peace process to make irreversible progress, have never been acted upon by the UN Security Council.

Mr Mwangi is permanent secretary, Ministry of Foreign Affairs.

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Khartoum regime leader arrival brings Kenya airport to a standstill
eTurboNews.com - 02 Sepember 2010
By WOLFGANG H. THOME, ETN

(eTN) - Last week’s promulgation of the new constitution in Kenya saw several heads of state grace the occasion with their presence, including Ugandan President Yoweri Kaguta Museveni, and they all landed with full protocol at Nairobi’s main airport Jomo Kenyatta International. In stark contrast, however, the Khartoum’s regime leader, Bashir, snuck into Kenya through Wilson Airport from where he also left the country later on under a shroud of secrecy.

Air operators and passengers normally using Wilson Airport were reportedly irate over the closures of the airport for all traffic between arrival and departure of the tyrant, and three regular sources minced no words over this event - none of the comments, however, are fit to be repeated in the public domain, probably in itself a hint about how strong the sentiments were and what words were flying. Flights in and out of Wilson, East Africa’s busiest airport, were halted and then long delayed, scheduled flights to and from the national parks were disrupted, and charters had to be halted as passengers could either not get into Wilson Airport or because all commercial operations were grounded for the duration.

It appears that many of the leading politicians in Kenya did not know of his presence, and subsequently squabbles arose in Kenya’s political establishment over the wisdom of inviting an alleged war criminal and alleged genocidaire, wanted by the International Criminal Court in the Hague. Kenya is a signatory country to the ICC Convention and will be facing not just tough questions by the ICC but has already incurred the wrath of US President Obama and many other world leaders, who sharply condemned the invitation and presence of Bashir in Nairobi for the event. It is also understood that the ICC referred Kenya’s decision and behavior to the United Nations Security Council where the case is due to be discussed and a possible reaction and response will be prepared.

The ICC is also drafting indictments against perpetrators and promoters of the post 2007 election violence and instead of reveling in the newly-found world attention and spotlight, the day was by all accounts spoiled by Bashir’s presence. The alleged war criminal, brought to the venue by tourism minister Balala – a visitor Balala would also rather like to forget soon considering the negative publicity it brought to Kenya – had, according to a reliable source in Nairobi’s foreign ministry, secured guarantees beforehand that the arrest warrant would not be executed against him, and he only traveled to Nairobi after these assurances were given in writing. Subsequently, some government mouthpieces tried to defend the presence of Bashir in Kenya for the big day but were rubbished by the comments of many Kenyans posted on blogs and social websites, who openly questioned the sanity of the invitation.

The fallout has also reached the Southern Sudan, where regular high-ranking sources, on condition of strict anonymity, expressed their anger and disappointment with Kenya, having fully expected to see the First Vice President of the Republic of the Sudan, who is also the President of Southern Sudan, Gen. Salva Kiir, represent their country. In fact, some opinions proffered to this correspondent spoke of unspecified consequences for Kenya in their dealings with Southern Sudan. It appears that Gen. Kiir was all set to fly to Nairobi but was apparently told at the last moment that his presence would, after all, not be required as regime chief Bashir would travel himself.

Upon probing if they would have wanted Bashir, their former arch enemy, arrested, they were all the more guarded, with one claiming "it would not have helped us with the independence referendum" before adding "we know that hardliners in Khartoum and their backers abroad are not happy with Bashir for permitting us to move to independence. We are aware that there is [an]underground movement about this, but we hope all stays in place until January 9, 2010 when we will vote to become an independent country. After that the North can do what they want about Bashir, it is no longer our concern then."

Kenya’s "Second Republic" was launched with glitz and glamour in a grand ceremony at Uhuru Park, where in 1963 the late founder president Jomo Kenyatta took the oath of office as he led his then nascent and young nation into independence, but the presence of Bashir has shaken many international observers and friends of Kenya who now ask what, if anything, has really changed so far as several laws seem to have been broken by the Kenyans’ responsible for the invitation and with absolute impunity.

Tourism stakeholders meanwhile, while appearing somewhat unsettled over the huge controversy the Bashir presence caused in the country and worse for them across the world, were still jubilant over the fashion the referendum was held, the votes counted, and the new constitutional requirements are now unfolding, and that it will ensure lasting peace and reconciliation among leading political opponents, giving hope for free and fair elections in 2012 and allowing the tourism industry to prosper and grow, at last fulfilling Kenya’s enormous potential along the Indian Ocean beaches and in their national parks and game reserves.

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Kenya Watch - Editor's Note:
Who are the hardliners in Khartoum and their backers abroad?

EU: Statement by the spokesperson of HR Catherine Ashton on Sudanese President Al-Bashir's visit to Kenya

HERE below, followed by some related news reports, is a copy of a statement issued on Friday, 27 August 2010 from the European Union (EU) in Brussels by the spokesperson of High Representative of the European Union for Foreign Affairs and Security Policy/Vice-President of the Commission Catherine Ashton.

EU raps Kenya over Bashir visit
From KBC (Kenya Broadcasting Corporation)
By Rosalia Opondo/Millicent Awuor
Monday, 30 August 2010

The European Union on Monday warned Kenya to tread carefully to avoid violating international laws.

This follows the presence of Sudanese President Omar El Bashir in last Friday's constitution promulgation ceremony despite there being a warrant of arrest for him by the International Criminal Court (ICC).

The EU urged the country to stick to its mandate and obligation under the Rome statute that she is a signatory to.

The Sudanese President is being sought by ICC for crimes against humanity committed in the Darfur region where thousands have died and millions others displaced in a conflict pitting the country's military and police against rebel groups.

In a statement, the spokesperson of the EU High Representative Catherine Ashton said Kenya should respect its obligations under international law to arrest and surrender those indicted by the ICC.

The EU asked Kenya to continue to cooperate with the ICC in its investigation into the 2007-2008 post-election violence in the country where several people are being investigated by the court.

"The European Union is a staunch supporter of the ICC as a valuable instrument of the international community to combat impunity for the most serious crimes of concern to the international community as a whole; genocide, crimes against humanity and war crimes must not go unpunished and their prosecution must be ensured by measures at both domestic and international level, " Ashton said.

On Sunday former UN Secretary General and chairperson of the Eminent African personalities Kofi Annan said he was surprised to see Bashir in Nairobi.

Annan who brokered the National Accord to end a bloody conflict following the disputed results of the 2007 presidential elections and who attended the ceremony on Friday demanded that the Kenyan government clarifies its position, commitment and cooperation with the International Criminal Court.

The Ministry of Foreign Affairs has however defended Bashir's visit saying Kenya has no apologies to make as it placed regional integration and security above international laws.

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EU urges Kenya to arrest Bashir, hand him to court
Report from AFP and EU Business - Friday, 27 August 2010, 18:19 CET

(BRUSSELS) - European Union foreign policy chief Catherine Ashton urged Kenya on Friday to arrest Sudanese President Omar al-Bashir and hand him over to an international court to face genocide charges.

"The high representative is concerned by the visit of President Omar Al-Bashir to Kenya, a State party to the Rome Statute of the International Criminal Court (ICC)," Ashton's office said in a statement.

"She urges Kenya to respect its obligations under international law to arrest and surrender those indicted by the ICC," it said.

Bashir was among several African leaders who attended a ceremony in Nairobi in which Kenya's President Mwai Kibaki signed a new constitution into law.

The Sudanese president is subject to two arrest warrants issued by the ICC for atrocities committed by his forces in Sudan's western province of Darfur.

Kenya, as a signatory to the treaty which set up the ICC, is obliged to cooperate with the court and arrest Bashir.

It was Bashir's second visit to a signatory of the Rome Statute following a trip to Chad last month. At the time, Ashton had also urged Chad to arrest Bashir, but Chad ignored her plea.

The chief EU diplomat said the ICC was a "valuable instrument of the international community to combat impunity for the most serious crimes of concern to the international community as a whole."

She added that "genocide, crimes against humanity and war crimes must not go unpunished and their prosecution must be ensured by measures at both domestic and international level."

In her statement, Ashton also urged Nairobi "to continue to cooperate with the ICC in its investigation into the 2007-2008 post-election violence" in Kenya.

Text and Picture Copyright 2010 AFP. All other Copyright 2010 EUbusiness Ltd. All rights reserved. This material is intended solely for personal use. Any other reproduction, publication or redistribution of this material without the written agreement of the copyright owner is strictly forbidden and any breach of copyright will be considered actionable

Related reports:

• EU chiefs salute Kenyan voters
• EU earmarks money for Kenyan camps housing Somali refugees
• EU to urge Sudan to meet Bashir arrest obligation
• EU urges Chad to arrest Beshir
• Expulsion of Darfur aid chiefs hurts Sudanese people: EU

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Statement by the spokesperson of HR Catherine Ashton on President Al-Bashir's visit to Kenya
Source: EUROPEAN UNION
Brussels, 27 August 2010
A 169/10 - Copy in full:

The spokesperson of High Representative of the European Union for Foreign Affairs and Security Policy/Vice-President of the Commission Catherine Ashton issued the following statement today:

"The High Representative is concerned by the visit of President Omar Al-Bashir to Kenya, a State party to the Rome Statute of the International Criminal Court (ICC).

She firmly recalls the importance of all Member States of the United Nations abiding by and implementing the resolutions adopted by the Security Council under Chapter VII of the UN Charter, in this case, UNSCR 1593 (2005). She urges Kenya to respect its obligations under international law to arrest and surrender those indicted by the ICC.

She calls upon Kenya to continue to cooperate with the ICC in its investigation into the 2007-2008 post-election violence.

The European Union is a staunch supporter of the ICC as a valuable instrument of the international community to combat impunity for the most serious crimes of concern to the international community as a whole; genocide, crimes against humanity and war crimes must not go unpunished and their prosecution must be ensured by measures at both domestic and international level."

PRESS
FOR FURTHER DETAILS:
Maja Kocijancic +32 498 984 425 - +32 2 298 65 70 - Maja.Kocijancic@ec.europa.eu
Darren Ennis +32 498 963 293 - +32 2 296 32 93 - Darren.Ennis@ec.europa.eu
COMM-SPP-HRVP-ASHTON@ec.europa.eu
www.eeas.europa.eu

ICC issues Press Release about Sudanese President Bashir’s visits to Kenya and Chad

Press Release: 27.08.2010

عربي

Pre-Trial Chamber I informs the Security Council and the Assembly of States Parties about Omar Al Bashir’s visits to Kenya and Chad

ICC-CPI-20100827-PR568

Case: The Prosecutor v. Omar Hassan Ahmad Al Bashir
Situation: Darfur, Sudan

Pre-Trial Chamber I of the International Criminal Court (ICC) issued two decisions informing the Security Council of the United Nations and the Assembly of States Parties to the Rome Statute about Omar Al Bashir’s visits to the Republic of Kenya and the Republic of Chad, “in order for them to take any measure they may deem appropriate”.

The Chamber had learnt that Al Bashir was invited by the Government of Kenya to attend today’s celebrations for the promulgation of the new Kenyan Constitution and was in Chad from 21 to 23 July. The Republic of Kenya and the Republic of Chad have an “obligation to cooperate with the Court” to enforce the warrants of arrest issued against Al Bashir by the ICC, according to the Chamber.

The ICC Registrar was ordered to immediately transmit these decisions to the Security Council and to the Assembly of States Parties. Previously, pursuant to the Pre-Trial Chamber decisions issuing two warrants of arrest against Omar Al Bashir, the ICC Registrar had issued and transmitted requests for arrest and surrender of Mr. Al Bashir to all States Parties to the Rome Statute, including the Republic of Kenya and the Republic of Chad.

On 4 March, 2009, Pre-Trial Chamber I of the ICC issued a first warrant of arrest against Mr. Al Bashir considering that there are reasonable grounds to believe that the suspect is criminally responsible for five counts of crimes against humanity and two counts for war crimes. A second warrant of arrest was issued against Mr. Al Bashir, on 12 July, 2010, for three counts of genocide.

The situation in Darfur was referred to the International Criminal Court by the United Nations Security Council’s resolution 1593, on 31 March, 2005. In this situation, four cases are being heard: The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”); The Prosecutor v. Omar Hassan Ahmad Al Bashir; The Prosecutor v. Bahar Idriss Abu Garda and The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus.

Decision informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's presence in the territory of the Republic of Kenya

Decision informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's recent visit to the Republic of Chad

For further information please contact Sonia Robla, Chief of Public Information and Documentation Section, at +31 (0)70 515-8089 or +31 (0) 6 46 44 87 26 or at sonia.robla@icc-cpi.int

New plot to block ICC's Ocampo

New plot to block ICC's Ocampo to "give Kenya breathing space"

New plot to block Ocampo
From The Standard (Kenya)
By Juma Kwayera
Saturday, 08 May 2010

As International Criminal Court Chief Prosecutor Luis Moreno-Ocampo arrives in Kenya, a group of African States plans to petition the United Nations Security Council to defer the investigations until after the next General Election.

The 60 African lobbyists — who include academics, politicians and lawyers — plan a parallel meeting to an ICC Review Meeting scheduled for May 31 to June 11 in the Ugandan capital, Kampala.

The push to stop Moreno-Ocampo from pursuing post-election violence suspects has been met with stinging criticism from local human rights groups, who read desperate attempts by forces culpable in the violence that consumed the country in the aftermath of the highly disputed 2007 presidential elections.

African Union that has in the past two years been critical of Moreno-Ocampo since he slapped a warrant of arrest on Sudanese President Omar Hassan el Bashir, are pushing for a revision of Article 15 of the Rome Statute that bestows unlimited powers on the chief prosecutor to pursue leaders accused of genocide and crimes against humanity.

The anti-Moreno Ocampo campaign is being spearheaded by Sudan, which has rallied support from among others Kenya, Libya, Ethiopia, Somalia, Eritrea, Uganda, South Africa, DR Congo, Rwanda, Zimbabwe, Sierra Leone, Liberia Mozambique and Chad.

In Europe, former USSR and Czechoslovakia satellite states are rallying behind the lobby group.

Apart from the African World Media (AWM), a leading British lobby group, and American-based Witness Africa, are some of the organisations lining up to tell Ocampo to "give Kenya breathing space".

Further, the group has drafted a petition it hopes to present to the UN Security Council on Wednesday to press for the deferment of the ICC investigations pending the conclusion of Agenda Item IV of the National Peace Accord signed under international pressure by President Kibaki and Prime Minister Raila Odinga that ended post-election chaos in 2008.

Moreno-Ocampo arrives at a time when the referendum debate has elicited strong reactions from the ‘Yes’ and ‘No’ camps, stoking fears of ethnic and political polarisation reminiscent of post-2007 General Election.

The leader of the group that convenes under the aegis AWM, Dr David Nyekorach-Matsanga, says ICC investigations of crimes against humanity carries with it a disruptive effect and has the potential to polarise the country further.

"We are wary of deadline politics in Africa. Crimes were committed in Kenya but this is not the time to engage in investigations that can rekindle the ethnic hostilities the resulted in post-election chaos. It is also important that the investigations be deferred pending the conclusion of constitutional, judicial, police and civil service reforms, which are on course," Dr Matsanga told The Standard on Saturday.

However, the Kenya National Commission on Human Rights Vice-Chairman Hassan Omar says the push to scuttle the ICC activities in Kenya would be resisted.

"There is obviously panic in Government because it is dominated by key suspects. ICC operations will move in any direction, including the Executive. The attempt to criticise the ICC or reduce the mandate of chief prosecutor is myopic as it cannot deflate the wheels of justice as they are catching up with people who planned and committed the crimes," Omar, who will participate in ICC General Assembly meeting in Uganda, says.

This is not the first time that Matsanga wants Moreno-Ocampo tamed in the hunt for post-election suspects.

Perceived impunity

In February, a 12-page application was filed at the ICC Pre-Trial Chamber II seeking the nullification of the international court’s effort to rein in perceived impunity in Kenya.

More significantly, the application filed soon after that of two Americans — Prof Max Hilaire and William A Cohn — failed to convince the international court to scupper investigations.

In the application, Matsanga argued: "Flawed application of Article 15 of the Rome Statute of 1998 is likely to lead to flawed justice for both the victims and the alleged key perpetrators of the post-election violence of 2007-2008 as well as lead to a cataclysmic politico-socio falling out across the country, with a dire consequences for Kenya."

Moreno-Ocampo’s five-day visit to Kenya has apparently rekindled fears that the hunt for bearers of the greatest responsibility for alleged crimes against humanity would rope in the Executive, which a local commission of inquiry has blamed for occasioning post-election violence.

International Centre for Transitional Justice senior researcher and lawyer, Njonjo Mue, agrees the search for justice for post-election violence faces threats of being messed by politics.

But he says: "The victims of post-election violence have waited too long. The rules of procedure are such that the process cannot stall until the investigations are through. Ocampo is aware of this. The indictments can be open or sealed, so there should be no fear that investigations will affect constitutional reforms as ICC is not a political court," says Mue.

University of Nairobi political science lecturer, Adams Oloo, shares the sentiments. But he cautioned: "Although the timelines of the referendum and ICC investigations are far apart, key suspects could use them as an excuse to mess up the democratic process. Ideally Moreno-Ocampo’s investigations could influence the 2012 elections."

An ICC statement early in the week that Moreno-Ocampo’s investigations would, when necessary, be taken to the highest office on the land has intensified panic that had been on a lull since his departure in November.

The planned meeting is part of the pressure that is piling again from within and outside Kenya against ICC to frustrate the investigations pending the determination of Africa’s demand for the reduction of the chief prosecutor’s powers.

Agenda IV, an outcome of national reconciliation and peace talks, envisages constitutional, electoral and judicial reforms whose deadlines are defined by the timeframe provided in the National Accord.

Moreno-Ocampo touched off panic in the high echelons of the Government when he declared early in the week that his imminent investigations would not spare anybody irrespective of position in the Government.

INTERVIEW: ICC's Ocampo prepares for Kenya trip

Ocampo prepares for Kenya trip
From Capital News by Judie Kaberia, Thursday 29 April 2010:

THE HAGUE, Apr 29 - “Those who caused violence in 2007/2008 were aiming to have a seat in the Cabinet, but they have to understand if you commit violence you have a seat in jail! says International Criminal Prosecutor Luis Moreno-Ocampo.

In this exclusive interview with Capital News, Mr Ocampo affirms his commitment to pursue the perpetrators and also shares his thoughts about international justice and the importance of cooperation by member States.

“The weakest people are the victims, the women and the children,” said the prosecutor.

The man, widely perceived in Kenya as the deliverer of justice explains what motivates his stressful and risky job which entails dealing with powerful individuals.

Q. Tell us about Luis Moreno-Ocampo

A. I am the Prosecutor of the ICC. My work is to investigate massive crimes when the nationals are not doing that. Particularly people in the slums… sometimes they are ignored and I would like to listen to them and they have to listen to me too because I have to represent them in court. Sometimes they are victims of this type of crimes. Even as a global prosecutor I would like to work for them.

When someone is protected by someone else, I should not interfere. In Colombia there are national prosecutors doing the job so I don’t need to intervene, so I intervene when the people are not presented, (when) no one is taking care of their interests. That is why I like this job. I have to go normally to people who are ignored, very poor, marginalised and then. Yes! We go and work for them.

Q. Is it that Kenya doesn’t have a strong judicial system to prosecute the crimes you are handling?

A. No, we are not making any judgment on the Kenyan judicial system. In fact one of the judges at the ICC is Kenyan. The problem is, there are no national proceedings in Kenya about the post election violence, and that is the issue. When there are no cases, we do a case.

Normally the States organise themselves to have their own police, their own Judiciary. But with these massive crimes they agreed to have this International Criminal Court, so when a country like Kenya joined the court, we are part of the Kenyan justice system. We are the independent part of Kenyan judicial system supported by Kenya, supported by other 110 member States. Then our job is to end impunity for the most serious crimes and that is what we are doing. What we expect from the state parties such as Kenya, is respect for the law and support.

Q. How will the ICC deal with powerful individuals who are suspects?

A. We will be looking at the crimes. I will prosecute the most responsible because really we are a court where we focus on the most responsible. We cannot investigate many people here.

At the same time we respect the accused rights. In Kenya some people are suspects but we will see if they are guilty or not, so as a prosecutor I have to be impartial.

It is my duty to investigate - incriminating but also exonerating to seek for justice. We are willing to meet and receive those considered to be suspects and listen to them and what they have to say.

Q. Is the ICC also concerned with the process of Truth Justice and Reconciliation in countries under its investigation?

A. Yes! We would like to work with others like truth and justice commissions and local leaders among others. This is important as the common goal is to be sure that the next election in 2012 is peaceful.

We are more than happy to work with whoever is working with this goal and in fact I m going to Kenya in May and I would like to meet the local leaders, people in the slums, discussing how we can help them. I came from Argentina when there were serious crimes. The way to reconcile is to establish the law because if someone raped my daughter no one can force me to reconcile with this person, in this case the rapist. However, according to a legal system, I cannot kill the rapist, so that is why the justice effort could help to reconcile the people.

Q. You seem to believe that reconciliation processes are important. Explain this further.

A. We need to organise a system to live together not just in Kenya but in the world. The issue is to live together. I remember I met with President Museveni in Uganda because he invited President Bashir and he explained to me that Bashir is his tribe, you cannot understand and I said, I love the tribal idea. In fact you and I are in the same tribe, we are the ICC tribe, a bigger tribe.

Because you are the Bashir tribe, invite him to Uganda, then arrest him. For me whatever we are building is a global tribe. The basic idea is no more massive killing… we are united for this but this is a very important tribe.

Q. Sudan’s President Omar al Bashir has been indicted, yet he hasn’t been arrested. Do you think Kenyan suspects will be arrested?

A. The problem is al Bashir is using the army and the police and the State operatives to commit crime. Here in Kenya, the government is not committing crime; the government is trying to control crime.

So I think the Kenya State will help to arrest the people. But there is always a chance and we are evaluating every moment that the accused appear voluntarily and we don’t have to arrest them.

In each country we request territorial States to arrest individuals. That is what we are requesting Sudan to arrest Al Bashir and he has a responsibility to appear voluntarily in court.

Q. When you last visited Kenya in November 2009, PEV victims were not happy that you didn’t meet with them. Why did you choose not to?

A. I had my limits because I could not meet with the victims before the judges authorised my investigations. That is why I said I will come to Kenya as soon as the judges authorise my investigations to meet the victims.

The President and the Prime Minister are in charge of Kenya, so I had to inform them what I had come to do. I had to inform them that I would open investigations requesting the judges’ authorisation. Now it is my time to meet the victims. It will be the beginning. I will see how many places I can visit, but I will try to come back in September or October to be there again and meet more victims.

Q. What is your itinerary when you come to Kenya in May?

A. I will come to Kenya to listen to victims. I will ask what happened to you, how were you affected? I don’t want people thinking I’m coming to put you in jail. They have to understand my mandate, what I can do and what I cannot do. I will fulfill my role. I will do what I am promising to do. I would like to tell the Kenyan people to keep reporting justice and justice will come to them.

Q. Israel and the US are not signatories to the ICC Treaty. Why should Kenya be a member and what do you mean that Kenya will be an example to the world, is it a threat?

A. Kenya accepted the idea as many as 29 other African countries, as Europe, as South America. We suffered crime during the pre-colonial time, we suffered crimes during the cold war, and that is why we learn the law is important to protect us. It is showing the sophistication of Kenya to accept and join the treaty and the others will learn.

They feel they can be protected by armies, and we are thinking no! We can be protected by law. That is why we are saying Kenya will be an example to show that. It will be an example of how we can use the law to do justice for the victims and to prevent violence in the future, it is the example we are giving together; the Kenyan people, the Kenyan authorities and the court working together.

Q. Kenyans have a high level of trust and expectations in you. Should they?

A. Oh, I (hope) they continue to trust me. I would like to see them, to be connected to them who are the poorest. I will do a couple of cases. It will not be the end of the story but the beginning of the story. I believe this will help a lot to understand that there will be no more violence.

Read more: http://www.capitalfm.co.ke/news/Kenyanews/Ocampo-prepares-for-Kenya-trip-8269.html#ixzz0mTagp95U
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