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ICC prosecutor supports three-pronged approach to justice in Kenya
Thijs Bouwknegt's picture
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The Hague, Netherlands
The Hague, Netherlands

ICC prosecutor supports three-pronged approach to justice in Kenya

Published on : 1 October 2009 - 11:45am | By Thijs Bouwknegt (http://www.internationaljustice.nl)
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The indictment of those suspected of masterminding Kenya's post-election violence came closer on Wednesday when the International Criminal Court (ICC) proclaimed, “justice will not be delayed”.

ICC prosecutor Luis Moreno Ocampo reiterated his determination to tackle Kenya’s post-election bloodshed of early 2008 and  to prevent recurring violence through a three-pronged approach.

Ocampo envisions the ICC prosecuting those most responsible; a national Special Tribunal, for other perpetrators; and other reforms and mechanisms such as the Justice, Truth and Reconciliation Commission (JTRC) to shed light on the full history of past events and to suggest mechanisms to prevent such atrocities in the future.

The violence in Kenya last year after the disputed presidential election killed at least 1,300 people and uprooted more than 300,000.

“Example of managing violence”

“Kenya will be a world example on managing violence,” the international prosecutor stressed, adding, “justice will not be delayed. His office said, “decisive consultations between the prosecutor and the Kenyan principals will take place in the coming weeks.”

In the past months, Ocampo has frequently met with members of the Kenyan government, emphasizing that, with Kenyan leadership, the three tracks should complement each other.

A high level delegation from Nairobi met with Ocampo in The Hague in July, where it expressed Kenya’s dedication to ending impunity by “prevent[ing] new violence ahead of the 2012 elections.” Nairobi committed to referring the situation to Ocampo, unless the Kenyan parliament could agree on a genuine national mechanism to prosecute those responsible for the crimes by June 2010.

Kenya pledged to deal with the masterminds itself, but numerous attempts to kick-start the process have floundered. A bill to set up a special tribunal to prosecute the main perpetrators was defeated in parliament, and Kenyans are sceptical that powerful individuals will be arrested and charged because of widespread impunity among the political class.

Six boxes

On 16 July 2009, Ocampo received six boxes containing documents and supporting materials compiled by the Commission of Inquiry into the Post-Election Violence (known also as the Waki Commission), and a sealed envelope with a list of persons who could be implicated in the violence.

The list is believed to include a number of influential cabinet ministers. The content of the envelope will remain confidential. “There will be no leaks," Ocampo said when he resealed the envelope.
 

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