Judges of the International Criminal Court (ICC) granted Chief Prosecutor Luis Moreno Ocampo's request to start an investigation into crimes against humanity allegedly committed in Kenya.

"The chamber, by majority, hereby authorises the commencement of an investigation into the situation in the Republic of Kenya in relation to crimes against humanity," the court said in a written decision. "The information available provides a reasonable basis to believe that crimes against humanity have been committed on Kenyan territory," added the court statement.

Ocampo said the decision is very important: "it means that there will be no impunity for those most responsible for crimes committed during the post election violence. Justice will contribute to preventing future crimes in Kenya. The ICC will do its part but the Kenyans will be in the lead. The ICC will work for and with the Kenyans. Kenyan citizens are demanding justice. Tey will not be alone. This is a moment for Kenyans to come together. To understand and acknowledge what happened. To make sure it will never happen again."

Prominent Kenyans
Earlier this month, Ocampo told the judges that prominent Kenyans organised and financed post-election attacks against civilians in 2008. “These senior leaders were guided by political objectives to retain or gain power.” He said that “they utilized their personal, government, business and tribal networks to commit the crimes. They implemented their policy with the involvement of a number of state officers and public and private institutions, such as members of the parliament, senior government officers, the police force and youth gangs”.

Ocampo provided the ICC judges with a list of the most serious criminal incidents, along with a list of 20 names of people who appear to bear the gravest responsibility for these crimes. Both lists are contained in confidential annexes to Ocampo’s public report.

The names were identified in the course of different inquiries into the post-election violence, including those carried out by the Kenya National Commission on Human Rights and the Commission of Investigation on Post-Election Violence, or Waki Commission.

“At this stage, the names are indicative only” says Ocampo. “The allegations concerning the named individuals will have to be measured against the evidence gathered independently by my office. If the Judges authorize the investigation, I will engage those who wish to clarify their role or provide further information.”

Ocampo also reiterated to the judges that none of the named individuals has yet faced justice in Kenya for the crimes.

He is asking the judges to expedite their decision saying that “both the victims and those defined as suspects need justice.”

Prosecutor Luis Moreno-Ocampo asked the judges last November to allow him to probe the violence that claimed about 1,500 lives, injured thousands and left about 300,000 internally displaced following elections on December 27, 2007. The prosecutor contended these amounted to crimes against humanity.