ICC allows Bensouda to appeal refusal to refer Kenya to Assembly of States Parties in Uhuru case
SEE ALSO :US revokes visa for Fatou BensoudaThe Chamber decided to authorise the Prosecutor to appeal the decision on Kenya’s cooperation with regard to whether or not the Chamber has discretion to make a finding of non-compliance, and to refer the matter to the Assembly of States Parties (ASP), even where it had been determined that a State has failed to comply with a request for cooperation; and even if the Chamber has such discretion, whether the Chamber erred in the exercise of its discretion. The Chamber found that these issues would significantly affect the fair and expeditious conduct of the proceedings. Particularly in light of the Chamber’s finding that the ne bis in idem principle would not be triggered in the present circumstances, the Chamber noted that the withdrawal of charges against Mr Kenyatta does not preclude ongoing investigations. Nor does it relieve the Kenyan Government of its statutory obligation to comply with any cooperation requests from the Court. The Chamber highlighted that the mechanism of referral to the ASP of matters of non-compliance is established in the Rome Statute, inter alia, in order to facilitate political and diplomatic efforts to promote cooperation with the Court. Mr Kenyatta was charged, as an indirect co-perpetrator, with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the post-election violence in Kenya in 2007-2008. Charges were confirmed on 23 January 2012, and the case was committed to trial before Trial Chamber V(B). On 5 December 2014, the Prosecutor withdrew the charges against Mr Kenyatta.
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