ICC decides to investigate Kenya
Today, the Presidency of the International Criminal Court (ICC) issued a decision assigning the situation in the Republic of Kenya to its so-called Pre-Trial Chamber II. As a state party to the Rome Treaty, establishing the ICC, Republic of Kenya has committed itself to cooperate with the court, also in investigations into issues to do with its own country.
Friday, 06 November 2009, by International Criminal Court, ICC
Pre-Trial Chamber II is composed of Judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser. The Presidency had received from the Prosecutor a letter, dated 5 November, 2009, indicating its intention to submit a request for the authorisation of an investigation into that situation considering that “there is a reasonable basis to proceed with an investigation into the Situation in the Republic of Kenya in relation to the post-election violence of 2007-2008”.
The Republic of Kenya ratified the Rome Statute on 15 March, 2005 becoming a State Party. According to the Rome Statute, the Court may exercise its jurisdiction in situations where the alleged perpetrator is a national of a State Party or where the crime was committed in the territory of a State Party.
Any State Party to the Rome Statute can request the Prosecutor to carry out an investigation. The UN Security Council may also refer a situation to the Court. The Prosecutor can decide proprio motu (on his own) to initiate an investigation if there is a reasonable basis to proceed with an investigation. He must, however, obtain the permission of the judges of the Pre-Trial Chamber before initiating an investigation under such circumstances.
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International Criminal Court, ICC
Based on ICC's press release, issued today, this article has been edited for publication here by HRHF / Niels Jacob Harbitz.