Boost for DP William Ruto as ICC allows African Union in case

The International Criminal Court (ICC) judges have allowed the African Union (AU) to file submissions on Deputy President William Ruto's appeal against admission of recanted evidence in his case.

The Appeals Chamber authorised the African Union Commission to submit written observations by October 19 as amicus curiae (friends of the court) in the appeals against the decision by trial judges to permit the prosecution's request for admission of prior recorded testimony in the case against Ruto and his co-accused Joshua Sang.

However, the judges rejected the applications by the governments of Kenya, Uganda and Namibia, saying "the submissions that Kenya, Uganda and Namibia seek to make in relation to the first issue certified on appeal would be a duplicate of those that the AU seeks to make."

The Appeals Chamber considered that "the observations the AU wishes to make may be desirable for the proper determination of the first issue on appeal.... without prejudice to the weight, if any, to be accorded to them in the determination of this appeal."

It means the permission sought by ICC Prosecutor Fatou Bensouda to oppose applications to enjoin Namibia and Uganda in the appeal against admission of recanted evidence is overtaken by events.

But the judges will decide on a similar application by Bensouda with respect to the AU.

The prosecutor had sought permission from the Appeals Chamber to allow her file an objection against the three applications by the AU and the two countries seeking to be allowed to participate in the case as amicus curiae.

Ruto and Sang have appealed against a decision by trial judges to allow prior recorded testimony of five prosecution witnesses who disowned their past statements and interviews with the prosecution.

Bensouda in her application filed before Justices Piotr Hofmanski, Silvia Fernandez, Christine Van Den, Howard Morrison and Peter Kovacs stated she would use similar grounds to those she filed against Kenya's request.

"In the particular circumstances of this case, and having regard to its objection to the application by the Government of Kenya, the Prosecution hereby seeks leave to respond to the new requests under Rule 103(1) to explain the basis for its objection," the application by Bensouda read in part.

 According to the ICC Rule 103(1), Bensouda has to apply and be allowed by the Appeals Chamber to file her objections. "The Prosecutor is not entitled to respond to an application without the leave of the Appeals Chamber," the rule reads in part.

Namibia and Uganda's attorneys generals and the AU council last week in separate applications asked to be allowed to file observations in the case as friends of the court and to make submissions on the contested ICC Rule 68. The rule provides that the chamber can use recanted evidence to make a final judgement in a case.