Revealed: Why Joshua arap Sang's case at ICC might change

In what could be a turning point in the case against radio journalist Joshua arap Sang at the International Criminal Court (ICC), Chief Prosecutor Fatou Bensouda wants him held criminally liable in relation to the post-election violence.

Ms Bensouda has asked the Trial Chamber to issue a notice of a possibility of varying individual criminal responsibility against Mr Sang.

Bensouda on Wednesday asked judges Chile Eboe-Osuji, Olga Herrera Carbuccia and Robert Fremr to notify the parties that the case against Sang might change.

“The factual allegations are broad enough to include criminal liability for inducement and or solicitation under Article 25(3)(b) and (C).

“There is evidence on record, upon which the chamber could hold him criminally liable for having induced or solicited the commission of crimes against humanity,” she said.

More weight

She added, “The prosecution does not seek to modify the factual basis of the charges. The prosecution’s case against Sang still rests upon the same factual allegations and charges.”

She claimed Sang fanned the violence through hate messages that revealed the desire to expel a particular community from Rift Valley. Bensouda further argued that the journalist could be held accountable for spreading of propaganda against the Party of National Unity (PNU) and also for broadcasting where events and meetings for attacks would be held.

Though the prosecutor said the story line under which Sang was charged would not change, she argued it would hold more weight on the final decision of the court to include the new charge.

“The fact that the Pre-Trial Chamber (PTC) confirmed Sang’s criminal responsibility under Article 25(3) (d), which the PTC found to be a residual form of accessorial liability, does not preclude this chamber from giving notice under Regulation 55 in relation to the alternative modes of liability,” she said.

Bensouda also wants Sang to be held criminally liable for organising fundraising events that financed the violence and for encouraging perpetrators.

She said there is evidence that would have Sang booked by the court for facilitating and redeployment of resources, also for allegedly calling on the attackers to begin the war and for seeking updates from them on the progress of the same.

She said the court had the powers to substitute either liability so long as it did not exceed the issues raised in the charges against Sang.