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Curtain falls for former dissenting ICC judge

By Ally Jamah | Published Wed, July 23rd 2014 at 00:00, Updated July 22nd 2014 at 23:09 GMT +3
ICC judge Hans Peter Kaul

One of the top former International Criminal Court (ICC) judges who was not convinced that President Uhuru Kenyatta and Deputy President William Ruto had committed crimes against humanity has passed away after a long illness.

A statement from the ICC’s Public Affairs Unit said that judge Hans-Peter Kaul passed away on July 21 after a period of serious illness. The judge resigned from the court on July 1 for health reasons. Kaul’s full term would have ended on March 11, 2015.

Among his dissenting rulings was that there was no merit for the then Chief ICC Prosecutor Luis-Moreno Ocampo to open investigations in Kenya regarding the post-election violence of 2007/2008. He said the crimes committee did not amount to crimes against humanity that ICC was set up to investigate.

He had in 2012 during the pre-trial chamber’s proceedings maintained that the cases against President Kenyatta and his deputy had no merit and should be sent back to Kenya.

ICC President Judge Sang-Hyun Song termed Kaul’s death as an enormous loss for the ICC. “He served as a role model, dedicating his career to reshaping international justice.

We will long remember him with respect and admiration on a personal and professional level, for his relentless commitment and extensive contributions to international justice,” he said.

President of the Assembly of States Parties Ambassador Tiina Intelmann said the late judge played a vital role in the establishment of the Rome Statute system, both as head of the German delegation during the negotiations which culminated in the adoption of the Statute, as well as a member of the court’s bench, where he leaves an important legacy of contributions to the jurisprudence of the court.

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“Kaul will be remembered for his multi-faceted and unrelenting support to the cause of international criminal justice,” he said.


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