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The Global Citizen: Kenya
The International Criminal Court (ICC) announced this week that it will try four defendants from Kenya in connection with the post-election violence which broke out in the country in late 2007.
William Samoei Ruto, Joshua Arap Sang, Francis Muthaura and Uhuru Muigai Kenyatta will be tried by the Court for crimes against humanity. Kenyatta and Ruto were both presidential candidates and holders of high-level positions in Kenya. The ICC declined to confirm charges against two other Kenyans who had been investigated.
Following elections in late 2007, violence broke out in Kenya which resulted in 1,2000 deaths and the displacement of 600,000 people, many of whom still have not returned home.
A Kenyan court today issued an arrest warrant for Sudanese President Omar al-Bashir, who has been indicted by the International Criminal Court (ICC) on charges of genocide, war crimes, and crimes against humanity. This decision will hopefully put an end to the impunity Bashir had previously enjoyed when he traveled to the country.
As a state party to the ICC, Kenya is legally obligated to turn over Bashir and any other individuals indicted by the Court as soon as they set foot on its soil. However, in August of 2010 Bashir visited Kenya without being arrested, illustrating the gap in the ICC's ability to enforce cooperation among its member states when it comes to turning over indictees. ICC judges then reported Kenya to the United Nations Security Council for its failure to turn over Bashir.
Earlier this month, the chief prosecutor of the International Criminal Court, Luis Moreno Ocampo, visited Kenya where he met with victims of Kenya's 2007-2008 postelection violence. Hundreds of thousands of Kenyans were displaced and more than 1,300 Kenyans lost their lives as a result of the postelection violence. While in Kenya, Ocampo not only met with victims of the postelection violence but also with senior government officials, civil society groups and the business community.
ICC Prosecutor Luis Moreno-Ocampo today named 20 people that he alleges are most responsible for the deadly post-election violence which swept Kenya in December 2007 and January 2008.
Following a request for additional information from the ICC judges last month, the Prosecutor, in a confidential list, identified senior political and business leaders who allegedly organized, enticed and/or financed attacks against the civilian population on account of their perceived ethnic and/or political affiliation pursuant to or on furtherance of a State and/or organizational policy.
On February 11, 2010 U.S. Ambassador-at-Large for War Crimes Issues, Stephen Rapp, stated that the United States would assist in protecting witnesses that testify in International Criminal Court (ICC) proceedings. The ICC is carrying out preliminary examinations into the 2007-2008 post-election violence in Kenya. ICC judges are currently in the process of deciding whether Prosecutor Luis Moreno-Ocampo can proceed with an investigation into the violence that killed more than 1,000 people and left over 300,000 people displaced. As an ICC State Party, Kenya would be obliged to arrest any citizen indicted by the Court.
On November 5, 2009 ICC Prosecutor Luis Moreno-Ocampo announced that crimes against humanity had been committed during the 2007 post-election violence in Kenya and that the ICC would begin a formal investigation. The crimes being investigated occurred when Mwai Kibaki was reelected as President, defeating Raila Odinga. The people loyal to Odinga rebelled; believing that the elections were rigged.
On Thursday, July 30, Kenyan cabinet members decided to keep all options open after discussing whether to form a local tribunal or to allow an international trial for those behind last year's post-election violence.
After incumbent President Mwai Kibaki was re-elected in December 2007, supporters of his opponent, Raila Odinga of the Orange Democratic Movement, erupted in violence over the allegedly rigged election. Riots, mass looting, protests, and ethnic violence continued for months, with an estimated 1,500 people killed and more than 300,000 displaced.
Last night, on the way home from dinner with friends, I bumped into another friend and colleague I had not seen in some time. This individual, who first came to the U.S. as a political refugee from Kenya, began to tell me about the violence in his homeland and the risks to peace. On an individual note he let me know that his brother in law had been killed in the violence and that his parent's farm was burnt by a mob. On a big picture level he stated real concern about the push by Kenya PM Mr. Odinga to secure amnesty for his supporters.
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