There is a very strong case against William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang at The Hague. Count One of murder constituting a crime against humanity alleges that from 30 December 2007 to the end of January 2008, the three, as co-perpetrators, or in the alternative, as part of a group of persons acting with a common purpose, committed or contributed to the commission of crimes against humanity in the form of murder in locations including Turbo town, the greater Eldoret area (Huruma, Kiambaa, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town in the Uasin Gishu and Nandi Districts, Republic of Kenya, in violation of Articles 7(l)(a) and 25(3)(a) or (d) of the Rome Statute.
Article 7(1) of the Rome Statute is about Crimes against humanity and says for the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: Murder; Extermination; Enslavement; Deportation or forcible transfer of population; Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; Torture; Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender , or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; Enforced disappearance of persons; The crime of apartheid; and Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
Count two of Deportation or forcible transfer of population constituting a crime against humanity alleges that the three from 30 December 2007 to the end of January 2008, as co-perpetrators, or in the alternative, as part of a group of persons acting with a common purpose, committed or contributed to the commission of crimes against humanity in the form of deportation or forcible transfer of population in locations including Turbo town, the greater Eldoret area (Huruma, Kiambaa, Kimumu, Langas, and Yamumbi ), Kapsabet town and Nandi Hills town in the Uasin Gishu and Nandi Districts, Republic of Kenya in violation of Articles 7( l ) (d) and 25(3)(a) or (d) of the Rome Statute.
Article 25 of the Rome Statutes is on individual criminal responsibility and says the Court shall have jurisdiction over natural persons pursuant to this Statute. It says a person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute. It adds that a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible; orders, solicits or induces the commission of such a crime which in fact occurs or is attempted; for the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission; in any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose.
According to the Status such contribution shall be intentional and shall either be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or be made in the knowledge of the intention of the group to commit the crime; in respect of the crime of genocide, directly and publicly incites others to commit genocide.
The Rome Statutes also says attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
Count three is on Torture constituting a crime against humanity and claims that from 30 December 2007 to the end of January 2008, the three as -perpetrators, or in the alternative as part of a group of persons acting with a common purpose , committed or contributed to the commission of crime against humanity in the form of torture by inflicting severe physical and metal pain or suffering upon civilians , in locations including Turbo town , the greater Eldoret area ( Huruma, Kiambaa and Langas) Kapsabet town and Nandi Hills town in Uasin Gishu and Nandi Districts , Republic of Kenya in violation of Articles 7(l)(f) and 25(3)(a) or (d) of the Rome Statute.
Count four is on Persecution as a crime against humanity which alleges that the three as co-perpetrators, or in the alternative as part of a group of persons acting with a common purpose , committed or attributed to commission of crime against humanity in the form of persecution . when co-perpetrators and/or persons belonging to their group intentionally and in a discriminatory manner targeted civilians based on their political affiliation, committing murder, torture, and deportation or forcible transfer of population in locations including Turbo town , the greater Eldoret area (Huruma , Kiambaa, Kimumu, Langas and Yamumbi), Kapsabet town and Nandi Hills town in Uasin Gishu and Nandi Districts , Republic of Kenya in violation of Articles 7(l)(h) and 25(3)(a) or (d) of the Rome Statute.
According to the ICC press release the Chamber found that there were reasonable grounds to believe that, immediately after the announcement of the results of the presidential election and specifically from 30 December 2007 until the end of January 2008, an attack was carried out in locations including Turbo town, the greater Eldoret area (encompassing Huruma, Kiambaa, Kimumu, Langas, and Yamumbi), Kapsabet town and Nandi Hills town, in the Uasin Gishu and Nandi Districts, Republic of Kenya.
The Chamber further found that there were reasonable grounds to believe that the attack targeted the civilian population namely, the Kikuyu, Kamba and Kisii ethnic groups, which were perceived as PNU supporters. There were also reasonable grounds to believe that the attack against the civilian population was widespread, as evidenced by the number of victims subjected to the attack and those who had been displaced or had taken refuge as a result of such attack, in the different locations targeted, as well as the amount of burning and destruction of properties.
The release said there were reasonable grounds to believe that the violence in the Uasin Gishu District (encompassing Turbo town and the Eldoret area) resulted in burning and destruction of 1475 houses, death of approximately 230 and 505 injured persons and the displacement of 7,800 persons. In the Nandi District (encompassing Kapsabet town and Nandi Hills town), the attack ended in the death of 7 persons and the injury of more than 500. A number of houses and business premises were also looted and burned. The perpetrators left three people dead on 8 January 2008 .
It said the Chamber was of the view that there were reasonable grounds to believe that the network had the capability to perform acts which infringed on basic human values. According to the material presented by Luis Moreno-Ocampo there were reasonable grounds to believe that the network was under responsible command and had an established hierarchy, with Ruto as leader, Kosgey as deputy leader and treasurer and Sang as responsible for communicative purposes.
The Chamber’s arguments in favour of charges against the three are based on very solid evidence based on eyewitness accounts of the victims. It will therefore be extremely difficult for the Attorney General Amos Wako and Justice and Constitutional Affairs Minister Mutula Kilonzo to argue against the admissibility of the case at The Hague. The fact that there are already two judges, Ekaterina Trendafilova and Cuno Tarfusser, who believe Moreno-Ocampo’s case against the Kenyans is strong enough to summon the suspects to The Hague to face criminal charges, proves that the evidence against Ruto, Sang and Kosgey is strong enough to prove them culpable of crimes against humanity.
It is absolutely ridiculous that the PNU/KKK alliance is campaigning in different parts of the world seeking international support for the deferral of the cases against the Ocampo Six when at the same time the PNU part of the Government is planning to challenge the admissibility of the cases at The Hague. The Kibaki faction of the Government cannot challenge the legal status or the powers of the ICC which is very well defined in Article Four of the Rome Statute.
That part of the Rome Statute clearly says the Court shall have international legal personality. It says it shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes. The Rome Statute says the Court may exercise its functions and powers on the territory of any State Party and, by special agreement, on the territory of any other State. Which means the ICC could conduct the trials right here in Kenya if it so wished.
The other part of the Rome Statute that Mutula and Wako are threatening to challenge concerns admissibility of the two cases. This issue is to be found in Article Five of the Rome Statute which says the jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. It says the Court has jurisdiction in accordance with the Statute with respect to the crime of genocide; crimes against humanity; war crimes; and the crime of aggression.
The arguments presented before the Chamber by Moreno-Ocampo prove beyond any reasonable doubt that crimes against humanity were committed in Kenya during the PEV. Indeed thousands of Kenyans are still living in IDP camps when the Government is spending so much money in useless shuttle diplomacy by Vice President Kalonzo Musyoka. The so-called shuttle diplomacy is bound to bear no fruits as the State Department has publicly declared it will never back it because it is so obviously fictitious and only intended to support impunity in Kenya.
Rather than challenge the admissibility of the two cases at The Hague the Kibaki faction of the Government would do much better by pleading with the two judges to give Kenya more time to establish a local tribunal to try the suspects. To do so successfully the Government has to accept the fact that Ruto, Sang, Kosgey, Muthaura, Uhuru and Ali are indeed suspected criminals in the crimes against humanity that were committed in Kenya soon after the 2007 elections.
That is the only way they can convince the ICC to have a deferral of the cases. But first Kibaki must fire Muthaura , Uhuru and Ali.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment