Mpango wa Kenya kujitoa ICC umetisha mashahidi?

   

Trial Chamber V(a) judges Chile Eboe-Osuji (presiding) and Olga Herrera Carbuccia (left) during yesterday’s proceedings. [PHOTO: ICC]

Judges at the International Criminal Court have sought clarification on whether or not Kenya’s intention to withdraw from the Rome Statute threatened the safety of witnesses.

The ICC is expected to make a decision on how the prosecution witnesses will be protected should the judges be convinced that Kenya’s withdrawal from the Rome Statute exposes them.

 

Presiding Judge Chile Eboe-Osuji Tuesday directed the prosecution and the victims’ lawyer, Wilfred Nderitu, to inform the court what the implications of Kenya withdrawing its membership in the ICC would have on the witnesses.

The judge was responding to claims made by Chief Prosecutor Fatou Bensouda that her witnesses were recanting their evidence because their safety would not be guaranteed after Kenya ceases to be a member of the Statute.

“We will take submissions on whether or not the development in question is something that should be taken into account as a factor in the protection of witnesses,” Eboe-Osuji said in his directions. 

“We do that, mindful of Article 68(1) of the Statute that provides among other things, that the court shall take appropriate measures to protect witnesses.”

The judge said the court was unable to proceed according to schedule in terms of calling the witnesses because the prosecutor had relayed their safety concerns after the resolutions were adopted to have Kenya pull out of the Rome Statute.

Bensouda had submitted to the ICC that the no-show by her first set of witnesses last week was a result of the concerns over witnesses’ safety following a motion by the Kenyan Parliament seeking to withdraw from the Rome Statute.

Standard