Kenyan presidential candidates attend ICC hearing via video; seek delay of trial: On 14 February 2013, Uhuru Kenyatta and William Ruto, running mates in Kenya’s March elections, opted to attend their ICC pre-trial hearing via video-link. The two decided that traveling to The Hague for the conference would interrupt their campaigns. Kenyatta and Ruto both sought delays in their cases at the pre-trial hearing. Ruto seeks more time to prepare for trial due to late disclosure of prosecution evidence. Kenyatta wants his case to be sent back to pre-trial hearing to see if he should still go to trial due to an essential prosecution witness being dismissed for lies. At a presidential debate on Monday, Kenyatta said that the ICC prosecution would not interfere with his ability to run Kenya if elected; ICC Chief Prosecutor Fatou Bensouda has applied to the court for the four accused Kenyans to make a declaration that they would not fail to attend their trials. (For additional information on this topic, please click here).
Kenyatta cleared to run for president by Kenyan Court: On 15 February 2013, the Kenyan High Court refused to rule in a case on the eligibility of Kenyan presidential candidates, including Uhuru Kenyatta. The High Court stated that only the Kenya Supreme Court has the jurisdiction to rule on issues relating to the election of presidents. The refusal to rule, absent appeal to the Supreme Court, clears Kenyatta for the 4 March election. Current Prime Minister, and front runner for the presidency, Raila Odinga welcomed the decision, stating that the Kenyan people should decide the presidency in a free and fair election.
Serbian president to open UNGA debate on the Hague Tribunal: On 12 February 2013, the UNGA president Vuk Jeremić sent invitations to UN member states to participate in a debate on the Hague Tribunal. Serbian president Tomislav Nikolić will be the first person to address the debate participants. Other participants include Rwanda, representatives of the ICTY, ICTR, and ICC, other members states, and potentially Bosnia-Herzegovina Presidency Chairman Nebojša Radmanović. The debate is in response to the acquittal of Croat generals by the Hague Tribunal last November. This will be the first time since Nuremburg that the UNGA will openly debate the work of an international criminal judiciary.
Kenyan government sued for police brutality during post-election violence: On 14 February 2013, families of seven killed and eight wounded victims of the 2007-2008 post-election violence brought suit against the Kenyan government. The lawsuit claims that the Kenyan police were responsible for the shots that caused the deaths and injuries. Kenyan records show that police were responsible for the 405 of the over 1100 deaths in relation to the violence. Domestic and International human rights organizations have long expressed concerns with the police force for ineffectiveness, endemic corruption, human rights violations, and impunity. The lawsuit claims the government gave unlawful orders to the police and failed to train them properly.
ECCC places restrictions on lawyers’ ability to speak to the media: On 15 February 2013, the ECCC issued an edict requiring lawyer to seek approval from the court before speaking to the media about issues that could affect the court—especially the topics of corruption and political interference. Defense lawyers for the Khmer Rouge Tribunal has asked the ECCC bar to further clarify the order. If disobeyed, the order could lead to fines or disbarment. The edict may be in response to a heavy amount of criticism levied at the ECCC. Domestic and International legal experts have denounced the edict as a violation of freedom of speech.
Former Lebanese prime minister states that those responsible for his father’s assassination will be brought to justice: On 14 February 2013, on the eight year anniversary of his father’s assassination, former Lebanese prime minister Saad Hariri said that those responsible would be brought to justice “sooner or later.” He reaffirmed his trust that Special Tribunal for Lebanon will punish the criminals responsible. The STL has indicted four Hezbollah members for the assassination, but the men remain at large and Hezbollah denies any involvement.
