Recent Documents in the 2 ICC Kenya Cases 9 August 2013

The Trial Chamber decided to allow the Prosecutor further time to disclose translations of Audio-Visual material from Kalenjin to English. The Chamber noted that the OTP had a lack of qualified translators, though it felt that the Prosecutor should have anticipated this issue earlier. However, because the judges felt that there would be no prejudice to the defence, they allowed delayed disclosure, setting the final date for 16 July 2013.

Last year, the Sang defence had asked for an opportunity to give written submissions on the definition of an ‘organisational policy’ to commit an attack against a civilian population (one of the elements under Article 7 of the ICC Statute the Prosecutor must prove). The defence has now withdrawn that request– though they made it clear that they still considered the interpretation of ‘organisational policy’ to be an important matter for trial.

The Prosecutor agreed to provide the Sang defence with 5 victims’ application forms with lesser redactions. These are the forms that victims prepare in order to seek permission to participate in the ICC cases. The Sang defence requested these applications because the five victims could also be trial witnesses. The Prosecutor applied to the Trial Chamber to allow the lesser redactions, the Sang Defence supported this application, noting that the Common Legal Representative of the victims had consented to this application. The Sang defence however felt that the Prosecutor had not been diligent in her work as she only made the application several months after communication between the parties. But the Sang defence also admitted that without seeing the actual forms, it is difficult to point to any prejudice that has yet been suffered.

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Following the Hague trials of 4 Kenyans to the end. A blog by Archie Nyarango

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

AfricLaw

Advancing the rule and role of law in Africa

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