Recent Court Documents in the 2 ICC Kenya Cases 3 October 2013

After the Prosecutor failed to get permission to alter the temporal scope of the charges against William Ruto, the Pre-Trial Chamber granted her leave to appeal on the following issue:

“Whether the Single Judge erred in interpreting the term ‘permission’ referred to in article 61(9) of the Statute so as to include factors relevant to the specificities of the case when exercising her discretion; and whether, consequently, in this particular case, the Single Judge abused her discretion in rejecting the Amendment Request”

Joshua Sang added Caroline Buisman as associate counsel on his legal team. She had previously been a defence lawyer at the Special Tribunal for Sierra Leone as well as the International Criminal Tribunal for the former Yugoslavia.

After the Common Legal Representative in the Ruto/Sang case raised concerns about the safety and security of victims he represents, the Trial Chamber asked the parties to respond to his report and also invited the Registry (including the Victims Participation and Reparations Section and the Victims and Witnesses Unit) to give its observations.

The Presidency of the ICC rejected the Ruto Defence request to vacate the decision of the plenary of judges (all the ICC judges). The plenary, by a majority, had refused to allow the trials to be moved to Tanzania or Kenya. The Presidency felt it had no authority under the statute to vacate the decision and, after consulting with the ICC judges present when the plenary decision was taken, it was clear that they too, saw no reason to revisit their decision.

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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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