International Centre for Policy and Conflict www.icpcafrica.org
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International Centre for Policy and Conflict |
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ICC MARKS ITS EIGTH ANNIVERSARY TODAY, AS VICTIMS CONTINUE TO CRY FOR JUSTICE. While the people of East Africa are celebrating the coming into effect of the East African common Market protocol, today also marks eight years since the coming into force of the Rome statute of International Criminal Court. The Rome Statute came into force in 1st July 2002. This remains a significant turning point in the fight against impunity and international crimes. It was a culmination of many years of determination by community of civilized national of the world to get rid of threats to humanity. This is well captured by United Nation Charter chapter 7 on the peace and security. We are delighted that Kenya is a member of this Rome Statute family. We do however decry lack of political will on the part of the government of Kenya in making use of this vital instrument to bring into justice those responsible for horrendous crimes committed during Post Election Violence. It still remains the primary responsibility of the government to ensure that no suspect who has committed such serious crimes enjoys impunity. Failure to do so would continue to reinforce impunity while undermining the rule of law. There can never be sustainable peace without accountability. In this regard, the gvt of Kenya must act and guarantee in a manner that ensures that it meets its international obligations. The investigations of the ICC into the Kenya situation does not and it is never meant to give government of Kenya an excuse of failing to prosecute those responsible for post election violence serious crimes. We commend the International Criminal Court and its relevant organs for its demonstrated commitment in tackling impunity in Kenya. We urge the court to remain faithful to its set milestones of ensuring that those bearing the greatest responsibility for Post Election Violence serious crimes are effectively prosecuted. ICC should trail its eye on the prize. Further we are recommending to the court to assist the Kenya government in coming up with national judicial mechanisms to prosecute the large number of suspects who are not within the purview of the court jurisdiction. It would also be necessary for the court to assist the Kenya government in coming up with an effective witness protection programme.
International Center for Policy and Conflict (ICPC) support yesterday’s action of the Judges of International Criminal Court of taking Government of Sudan to the United Nations Security Council for continued protecting suspects wanted by the Court.The Judges have accused Sudanese government of failing to turn over suspects wanted for war crimes in Darfur to face trial at the International Criminal Court (ICC). The Security Council is vested with the power to address and take any action in respect of Sudan or any other country failure to co-operate with the court. On February 27, 2007, the Prosecutor applied to the Pre-Trial Chamber, under Article 58(7) of the Statute, requesting summonses to appear or warrants of arrest for Ahmad Muhammad Harun, former Secretary of State for Security and head of Darfur Security Desk, and Ali Muhammad Ali Abd-Al- Rahman (a,k.a. Ali Kushayb), militia and Janjaweed leader. The two men were charged with 51 counts of crimes against humanity and war crimes for ordering or otherwise facilitating widespread and systematic murder, rape, persecution, pillage, and other horrific crimes against scores of innocent men, women, and children in Darfur .The Government of Sudan has refused all cooperation with the Court in relation to Darfur crimes. “In light of the Government's defiance of its obligation to comply with binding Security Council resolutions, it is incumbent on the Security Council to take action to demand compliance,” ICPC Executive Director, Ndung’u Wainaina has said. He added that the Security Council should demand that the Government of Sudan turn over the suspects to the ICC. “To ensure compliance, the Council should impose punitive measures, including meaningful sanctions, if the Government fails to abide by the request of the Court”, he stated.We further request that the UN Security Council demand that Sudan immediately arrest and surrender the accused to the Court and to cooperate fully with other requests by the Court. UN Security Council is vested with obligation to take appropriate action against Sudan in accordance with Articles 86 and 87(7) of the Rome Statute.
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Letter to President Mwai Kibaki on the occasion of President Al-Bashir Inauguration We write with regard to the upcoming Presidential inauguration of President Omar al-Bashir of Sudan, scheduled for May 27, 2010. We wish to express deep concern over the possibility of
Government of Kenya Non-Committal on Pledges at ICC Review Conference Worrisome.
Government of Kenya participation and pledging at the ongoing International Criminal Court (ICC) Review Conference was to say the least disappointing hollow. It only engaged in regurgitating the now well rehearsed catchphrases. It was a betrayal of commitment to end impunity for human rights atrocities, International Center for Policy and Conflict, ICPC, has said today. “It never offered any tangible pledges on crucial elements of complementarity, cooperation and protecting the victims and communities affected by the post-election violence. It is outrageous. It is something to make every Kenyan get worried on the government’s commitment to justice for post-election violence victims”, concerned ICPC Executive Director Ndung’u Wainaina observed. As a State Party to the Rome Statute of the ICC, Kenya demonstrated little will to fully abide with its treaty obligations and cooperate with the International Criminal Court in its endeavours to implement the provisions of the Rome Statute. Mr. Wainaina added that it is most likely ICC is walking justice road in Kenya alone contrary to constant government of Kenya’s public pronouncements. “Every indicator direct towards that direction. It is gravely unfortunate, and every effort must be marshalled to reverse this serious situation. Civil society, media and international community need to step up the vigilance”, he said. However, it is significant to note that Article 87(7) of the Statute provides that, when a State Party fails to comply with a request to cooperate, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties, or in the case of a United Nations referral to the United Nations Security Council.
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Kenya in focus at Kampala ICC Meeting "courtesy Capital news"
Kenya acaused of attempt to scuttle ICC probe"cuortesy Capital news"
Victims of police brutality still seeking elusive justice "courtesy Daily Nation"
Key Election Chaos Witnesses to Be Flown Out "courtesy allAfrica.com "
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ICC Judges Decision Yesterday to Take Sudan before 
An inauguration cannot in our view be justified as an essential meeting. Notably, United
