DO YOU THINK ITS TIME THE SUSPECTS FACED THE LAW?
In response to the request by ICC Judges of 18 February 2010, the Prosecutor has clarified that senior political and business leaders associated with the Party of National Unity and the Orange Democratic Movement organized, enticed and/or financed attacks against civilians.
He told the judges that this was on account of people’s perceived ethnic and/or political affiliation pursuant to or on furtherance of a state and/or organizational policy.
“These senior leaders from both PNU and ODM parties were guided by political objectives to retain or gain power,” said the Prosecutor.
“They utilised their personal, government, business and tribal networks to commit the crimes. They implemented their policy with the involvement of a number of State officers and public and private institutions, such as members of the parliament, senior government officers, the police force and youth gangs.”
The Prosecutor provided the ICC Judges with a list of the most serious criminal incidents, and a selected list of 20 names of persons who appear to bear the gravest responsibility for these crimes.
Both lists are contained in confidential annexes.
The names were identified in the course of different inquiries into the post-election violence, including those carried out by the Kenya National Commission on Human Rights and the Commission of Investigation on Post-Election Violence (Waki Commission).
“At this stage, the names are indicative only” said the Prosecutor. “The allegations concerning the named individuals will have to be measured against the evidence gathered independently by my office. If the Judges authorize the investigation, I will engage those who wish to clarify their role or provide further information.”
The Prosecutor also reiterated to the Judges that none of the named individuals has yet faced justice in Kenya for the crimes.
The Prosecutor requested an expedited decision by the Judges because, in his words, both the victims and those defined as suspects need justice.