ICC could soon give go ahead on Kenya’s case

By Stephen Makabila

The fate of post-election violence suspected instigators could be known in the next three months.

International Criminal Court Chief Prosecutor Luis Moreno-Ocampo has indicated he expects a decision from the ICC pre-trial chamber in the next three months on whether to go ahead with a full probe of the violence.

"Doing justice in Kenya will help to prevent crime in the next election in 2012," the Associated Press quoted Ocampo as saying.

Ocampo has equally praised the commitment of President Kibaki and Prime Minister Raila Odinga, who were the 2007 election rivals, and former United Nations (UN) Secretary-General Kofi Annan, who mediated an end to the violence and has insisted on justice being pursued.

Ocampo, who spoke on the sidelines of the World Economic Forum, said ICC had become a major player in the pursuit of justice even with many countries that were not parties to its statute, including America, China and Russia.

Ocampo said the US was "very supportive" of the preliminary investigation into the bloodshed after Kenya’s disputed 2007 polls.

"If they ratify the treaty, that’s not my business. I prefer US support on my cases," said the prosecutor.

The ICC Head of Outreach Unit and Public Information Claudia Perdomo and Co-ordinator Martha Kamara were yesterday quoted as saying the Court was educating Kenyans about its operations before proper investigation begins.

Perdomo denied claims the office of the prosecutor had sent investigators to Kenya to get evidence from witnesses and victims.

Mega cases

The ICC is currently pursuing cases in Congo, Uganda, Central African Republic and Darfur, where an arrest warrant has been issued for Sudan’s President Omar al-Bashir.

Apart from Kenya, it has also launched preliminary investigation in Colombia, Georgia, Afghanistan, Gaza, Ivory Coast and Guinea. Ocampo said he planned to visit Moscow to look at the material related to the brief war between Russia and Georgia in July 2008.

The US supported it, signing the Rome Treaty when Bill Clinton was president. But his successor George W Bush rescinded the signature, arguing the court could be used for politically motivated prosecutions.

The ICC is a court of last resort, stepping in only when countries are unwilling or unable to prosecute alleged war crimes, crimes against humanity and genocide suspects.

In March 2009, the court issued a warrant for the Sudan President’s arrest on charges of war crimes and crimes against humanity during the Darfur conflict.

The Sudanese leader has refused to recognise the court’s authority, but Ocampo has said al-Bashir is becoming increasingly isolated.