Originally published on the CGS blog on May 24, 2010.
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.
Powerful politicians and wealthy business men were accused of organizing and fueling attacks on civilian after the vote. Even though rival politicians signed a peace agreement and established that they would set up a local tribunal to investigate the election and prosecute the individuals responsible for the violence, the International Criminal Court believed that it was appropriate to become involved in the court proceedings because politicians were obstructing the investigations. Essentially, the International Criminal Court is fulfilling its duty to exercise its jurisdiction over perpetrators of the most serious crimes of international concern when national courts are unable to ensure the preservation of integrity, accountability and credibility while guaranteeing that justice is served.
With the upcoming Kenyan elections in 2012, witness protection for the witnesses that Ocampo will be calling to testify is a huge concern. Ocampo was made aware of this concern and stated “My witnesses will be protected. We are talking about 30, 40, 50 or 60 people”. The protection of witnesses is also important because those victims of violence are essential to Ocampo fulfilling his duty “to understand the views of the victims”. Ocampo also stated “It was a short visit and we saw just a little group but this is the beginning. It is important for us to understand what happened to them and how they feel.”
