The Nation Newspaper

Tag: International Criminal Court (ICC)

  • ‘My deputy has been vindicated,’ says President Kenyatta

    ‘My deputy has been vindicated,’ says President Kenyatta

    Kenya’s President Uhuru Kenyatta on Tuesday said the International Criminal Court (ICC) at the Hague had vindicated his deputy William Ruto after terminating a criminal case against him and his co-accused Joshua arap Sang.

    “I am delighted that the Deputy President and Mr. Joshua Sang’s innocence has been vindicated by a decision of no-case-to answer at the ICC. This moment is long overdue but no less joyful. I join my brothers in celebrating their moment of justice,” said Kenyatta.

    In a statement sent from France, where he is on a three day state tour, President Kenyatta said that the victory in this case remained “partial and the quest for justice incomplete, because the International Criminal court elected to blindly pursue ill-conceived, defective agenda at the expense of accountability for PEV”.

    “As a result, many victims await justice, and perpetrators are yet to be brought to account. We will continue the work of healing the nation, uniting the people, reconciling communities and ensuring that justice for the victims is achieved,” said the President.

    Kenyatta, who was also cleared of committing similar crimes at the same court, said that from the start of the case he believed that it was ill-conceived and did not properly examine the experience of Kenyans in the 2007/2008 post election violence.

    He said that for six years during the trial he and his deputy endured a “painful journey with the ICC,” adding that they had cooperated with the international court while bearing heavy responsibilities of leadership.

    “This decision brings to a close what has been a nightmare for my nation. With the conclusion of this case at the ICC, our country is fully back on focus to enhance our efforts towards nation building, promotion of peace and security. For my Deputy and I, this focuses us fully on the affairs of running the State, a mandate given to us by the people of Kenya,” said Kenyatta.

    Regarding the victims of the post-election violence Kenyatta said: “Each and every Kenyan was touched by the tragedy that befell our nation in 2007-2008”.

    The President added: “Each and every victim of this unfortunate happening matters. Not one of them has been forgotten. Their suffering demanded of us as leadership to seek reconciliation. My deputy and I campaigned and were elected on a platform to unite and reconcile our motherland.

    “When you entrusted the leadership of the country to our administration, you made us responsible for the healing and reconciliation of our people.”

    Kenyatta said many victims who had been dislocated had now been resettled and compensated and that the government continues to respond to “the outcomes of that unfortunate period of our history.”

    He has invited all Kenyans to the Afraha Stadium, Nakuru, on Saturday 16th April 2016, for a thanksgiving service.

    “This will be an opportunity for prayers for healing, reconciliation and unity of Kenya as we push on the path of inclusive prosperity for all,” he said.

    Nakuru was one of the hotspots of the post election violence that claimed the lives of over 1000 Kenyans and displaced over 600,000.

     

  • Anxiety as Kenyans await ICC ruling

    Anxiety as Kenyans await ICC ruling

    Kenyans across the country are anxiously waiting for the International Criminal Court (ICC) to deliver its ruling later on Tuesday on the no-case-to-answer motion filed by Deputy President William Ruto and journalist Joshua arap Sang.

    The ICC trio judge bench is expected to determine if Ruto and his co-accused Sang have a case to answer in relation to the 2007/2008 post election skirmishes in which more than 1,200 people were killed and over 600,000 others displaced.

    The ruling, which will be delivered at around 7 p.m. local time will determine whether Ruto who has been charged with crimes against humanity together with Sang for helping to orchestrate a wave of deadly violence after contested 2007 presidential poll.

    According to the report, the case has dragged since 2011.

    Ruto is seeking a no-case-to-answer verdict as well as an acquittal, while Sang’s defence team is pushing for a termination of the case.

    They each face three charges: murder, deportation or forcible transfer of population and persecution.

    Anxiety has gripped residents in Ruto’s home turf of Rift Valley, with majority of residents expressing hope that the two will be freed for lack of tangible evidence.

    “The moment of truth has finally come and a decision by the ICC trial chamber that will favour the defence is what we are expecting.

    “We are praying for a victory for Ruto and Sang,’’ David Soi said in a telephone from Eldoret, western Kenya.

    “Let the truth come out, I know the two are innocent, and today’s ruling will vindicate them,’’ said Aaron Mutai from Kericho, also western Kenya.

    Ruto and Sang, whose allies have held a series of meetings to strategise on how to respond to Tuesday’s ruling, have been cooperating with the court by attending court proceedings.

    The ICC trial chamber will not hold an open court session Tuesday, but will instead communicate its ruling through email to the defence parties and the media.

    The defence teams argued that the ICC Prosecutor had failed to prove that there was an organised network that masterminded the 2007/2008 Post Election Violence, and insist the skirmishes were spontaneous after a contested presidential poll outcome.

    Ruto and Sang also argued that the evidence of six key witnesses had been ruled inadmissible after they withdrew it.

    The ICC judges will either reject or accept the no-case-to-answer motion filed by the defence teams seeking to terminate their case at the prosecutor’s level.

    If the judges rule in favour of Ruto and Sang, it will mark the end of the Kenyan case at the ICC. But if they reject it, it will mean they have a case to answer.

    According to the ICC, more than 1,200 people were killed, 3,500 injured and up to 600,000 forcibly displaced in the violence that followed the December 2007 elections.

    There were also hundreds of rapes, and at least 100,000 properties were destroyed.

    Charges against Ruto and Sang were confirmed on Jan. 23, 2012, while those against President Kenyatta, ex-Head of Civil Service Francis Muthaura, were dropped.

     

  • Zaria clash: Shi’ites drag Army to International Court

    Zaria clash: Shi’ites drag Army to International Court

    Members of Islamic Movement in Nigeria (IMN) otherwise known as Shi’ites, on Monday said that they have taken the Nigerian Army to International Criminal Court (ICC) in Hague for alleged war crimes in the December 2015 clash with its members in Zaria, Kaduna State.

    Addressing Journalists, Spokesman of the Islamic group, Ibrahim Musa said the Zaria clash was a war against the Shi’ites where over 1000 of them were allegedly killed by the Army.

    The ICC is believed to be  the court of last resort for prosecution of genocide, war crimes, and crimes against humanity.

    According to Musa,  “International Human Rights Commission (IHRC) has on behalf of Shiites called on the International Criminal Court to open a preliminary enquiry into the events in Zaria last year.

    “In the filing submitted to the ICC today IHRC writes: ‘The crimes committed between the 12th and 14th December 2015 in Zaria, Kaduna State, by the Nigerian army amount to crimes against humanity. The crimes committed by the Nigerian army meet all the necessary legal requirements to warrant a preliminary investigation by the ICC prosecutor’.

    “The International Criminal Court is being urged to investigate the massacre of nearly 1000 civilians in Nigeria last December at the hands of the country’s armed forces.

    “IHRC has called on the international tribunal which has a mandate to prosecute people for war crimes, crimes against humanity and genocide, to open a preliminary enquiry into the events in Zaria last year in which soldiers attacked the Islamic Movement of Nigeria’s (IMN) supporters, symbols and property.

    “The assault over two days in the northern Nigerian city left a trail of bloodshed and destruction including the shooting of the movement’s leader Sheikh Ibrahim Zakzaky and his wife Zeenat. Both are currently believed to be in military custody, detained without charge.

    “Information obtained by IHRC indicates that 217 people were confirmed killed in the attacks, another 219 are in detention, and 482 are still missing. The number of injured is believed to run into many hundreds. IHRC’s filing to the ICC is largely based on eye-witness evidence of the army’s assault.

    “The majority of deaths were caused by gunshots fired by soldiers. Cases of people being burnt alive have also emerged. Injuries caused by machetes or other knife wounds have also been found on the corpses, and could be the work of the criminal groups that perpetrated acts of looting and mutilation alongside the military. Signs of torture and electrocution have been evidenced on the body of the IMN leader Sheikh Zakzaky and other detainees, two of whom died as a result thereof.

    “Sexual violence has also been reported, including cases of rape against women affiliates of the IMN. A 14-year old female witness told IHRC that the military shot her in her private parts when she resisted attempts by soldiers to rape her. Some women reportedly had their breasts cut off and others were deliberatelly shot in the pelvic region damaging their uteri.

    “Photographic evidence has been obtained along with testimonies of mass graves where the army is reported to have buried fatalities from the killing spree. Some corpses were allegedly incinerated, apparently in order to conceal any evidence.

    “In its submission IHRC says that the evidence suggests that the army’s assault was a systematic and pre-planned attempt to snuff out the IMN whose growing popularity have made it a thorn in the side of Nigerian governments.

    “A similar army assault in July 2014 during a religious procession led to the deaths of 34 IMN members including three sons of Sheikh Zakzaky who were apparently singled out for execution.

    “During the  December’s violence soldiers were seen celebrating and chanting slogans against the IMN, such as ‘we have finished with the Shia and Zakzaky’ and ‘no more Shias in Nigeria’. Although the IMN has support among Nigeria’s Sunnis and Shias it is often portrayed by its detractors as a Shia organisation.

    “During the violence soldiers used automatic weapons, explosives and armoured vehicles against unarmed civilians. This, along with the destruction of places of worship, graves and other buildings associated with the IMN, appears to support the contention that the attack was aimed at fatally damaging or eliminating the IMN.

    “Although the state government in Kaduna has set up a Judicial Commission of Inquiry IHRC believes it is insufficiently independent and impartial to be able to hold those responsible to account, nor is there any reasonable prospect of any prosecutions.

    “In his speech announcing the inquiry state governor Malam Nasir el-Rufai listed a range of grievances against the IMN, which is indicative of bias against the IMN from the start. He was also responsible for demolishing IMN properties before setting up the commission of inquiry”. He said.