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"It is also instructive that our colleagues in New York from other continents are watching to see if we shall follow on the actions taken by our Heads of State and Government in Addis Ababa/FILE

Kenya

Kenya seeks urgent meeting with ICC States Parties

In accordance with article 112 of the Rome Statute, the Assembly of States Parties meets at the seat of the Court in The Hague or at United Nations Headquarters in New York once a year and when circumstances so require.

United Nations Security Council last month rejected Kenya’s petition seeking termination of the ICC cases against President Kenyatta, his deputy Ruto and Journalist Joshua Arap Sang. The three are facing trial at ICC for crimes against humanity committed in 2007-08 post election violence in which more than 1,000 people died and 600,000 others were displaced.

Kenya remains a State Party to the Rome Statute which established the ICC and that binds President Kenyatta and his Deputy who also faces trial at the Hague-based court, to cooperate and appear in court when they are required.

On Monday Chamber V (A) judges had made recommendation to the Court’s Presidency suggesting that part of the hearing of the case facing Deputy President William Ruto be held either in Kenya or the neighbouring Tanzania.

The judges have also set September 10 as the new hearing date for the Ruto and Sang’s case.

Trial Chamber V (A) recommended to the presidency that it may be desirable to hold the commencement of trial and other portions of the trial in Kenya or, alternatively, in Tanzania.

“While the seat of the court is in The Hague (Netherlands), where the court considers that it would be in the interests of justice, it may decide to sit in a state other than the Netherlands,” the court explained in a statement on Monday.

Trial Chamber V (A) said that it made the recommendation after analysing the benefits of bringing justice closer to the victims and also after looking at the issues of security for victims and witnesses in these proceedings.

The judges said that they had also considered the need to ensure a fair and impartial trial free of any undue influence.

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“The chamber is of the view that all these considerations need to be taken into account. Therefore, the chamber considers that the holding of the commencement and other portions of the trial particularly in Kenya would strike the right balance,” read the recommendation.

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