Moreno-Ocampo cited two factors that persuaded him that the interest of justice may favour delaying the trial: The dissenting opinion by one of the Pre-Trial Chamber judges and caution not to expose witnesses before trial proceedings are secured.
Exceptional circumstances
He explained: "First there is a dissent in this case on a fundamental underlying legal issue, the definition of "organisational policy" within the meaning of (Rome Statute)."
He added: "In addition postponement of the trial proceedings will serve the interests of prospective witnesses who otherwise would have to be identified â this implicating their security and triggering the need for greater protective measures â before there is certainty that the trial will proceed."
Moreno-Ocampo further argued that since the appellants are not in detention, there was no urgent need for the trials to begin immediately.
The prosecutor also cited the exceptional circumstances of the Kenya case â the fundamental nature of the issue being appealed and the significant and complicated need to implement witness protection measures.
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