Despite judges dismissing two of the so-called Ocampo Six from facing war crimes trials at the ICC, chief prosecutor Luis Moreno-Ocampo was upbeat speaking to journalists Tuesday in The Hague, praising Kenyan reaction--from all corners--to the decision.

“The reaction was perfect,” Moreno-Ocampo said. “There were no problems in Kenya. [And] those indicted said they would continue to cooperate with the court. It’s remarkable.”

Judges ruled Monday that two current Kenyan presidential candidates--Deputy Prime Minister Uhuru Kenyatta and former Education Minister William Ruto—will stand trial for crimes against humanity and murder for orchestrating the country’s post-election violence in 2007. Also standing trial will be radio broadcaster Joshua Arap Sang and Cabinet Secretary Francis Muthaura. But charges against two other prominent Kenyans were dismissed for lack of evidence.

Kenyan president Mwai Kibaki called for calm following Monday’s decision. “Our great nation has had its share of challenging times,” he said. “We re-dedicate ourselves to assist those who were displaced from their homes.... I have already directed all relevant government ministries to fast track the resettlement of the remaining Internally Displaced Persons.” Moreno-Ocampo called that reaction “important,” adding that “victims do not have to wait for a conviction before they receive any help.”

A plan

Moreno-Ocampo praised judges for finding that the post-election violence “was planned for months” and that the accused “triggered” it. “Crimes were committed with a plan,” said Moreno-Ocampo, “and the opposition organized retaliatory attacks. No one knew at the time it was planned. But it was and it is now clear.”

The four accused were on opposite sides during the 2007 elections, with Kenyatta and Muthaura allies of current president Mwai Kibaki and the other two part of the opposition. More than 1,000 people were killed in post-election violence in Kenya.

But judges Monday dismissed charges against two other Kenyans that prosecutors sought to try: former industrialisation minister Henry Kosgey and former police chief Mohammed Hussein Ali. Moreno-Ocampo said although he will continue to investigate both Kosgey and the role of the police following the disputed elections, he will not appeal those decisions. Additional charges, though, could be filed later.

Threshold for murder

Legally, Moreno-Ocampo said this case is important because it’s the first time decisions from Nuremberg are being applied—namely, the definition of “crimes against humanity.” Although the crimes in Kenya were a seemingly Kenyan affair—committed by Kenyan leaders against Kenyan civilians—judges, Moreno-Ocampo said, are now debating when domestic crimes become crimes against humanity.

“What is the threshold?...When are crimes so big they are of concern to the international community?” he said. “[The ruling] makes clear that no country has sovereignty to attack civilians.”

The defendants, meanwhile, say they’ll appeal the decision. That could delay the start of the trials, which may be more than 18 months away.