ICC Prosecution Process in Kenya
ICC Prosecution Process in Kenya: A Guide for Private Investigators
If you are a private investigator in Kenya and you are handling a case that may involve international criminal law, it is important to understand the International Criminal Court (ICC) prosecution process. The ICC is an international tribunal that prosecutes individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. This guide will provide you with an overview of the ICC prosecution process in Kenya.
Introduction
The ICC was established in 2002 to prosecute individuals for the most serious crimes of international concern. Kenya is one of the countries that have been under ICC investigation for crimes against humanity, which were committed during the post-election violence in 2007-2008. As a private investigator, it is important to have an understanding of the ICC prosecution process to assist in the investigation of crimes that fall under the ICC’s jurisdiction.
Background on the ICC
The ICC is an independent international tribunal that was established by the Rome Statute, a treaty that was adopted in 1998. The ICC has jurisdiction over four main crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is based in The Hague, Netherlands, and has 123 member states.
ICC Jurisdiction in Kenya
Kenya became a member of the ICC in 2005, and the ICC has jurisdiction over crimes committed in Kenya after the Rome Statute’s entry into force, which was on July 1, 2002. The ICC’s jurisdiction is complementary to that of national courts, meaning that the ICC only steps in when a state is unable or unwilling to prosecute individuals for crimes under the ICC’s jurisdiction.
ICC Cases in Kenya
The ICC opened investigations in Kenya in 2010 following the post-election violence that occurred in 2007-2008, which left over 1,000 people dead and displaced over 600,000 others. The ICC indicted six Kenyan nationals for crimes against humanity, including two former cabinet ministers, a police commissioner, and a radio broadcaster. The ICC terminated the cases against the Kenyan nationals in 2016 after the prosecution failed to provide sufficient evidence to convict them.
Preliminary Examination
The ICC prosecutor may initiate an investigation in Kenya through a preliminary examination. This involves the prosecutor examining the situation in Kenya to determine whether there is a reasonable basis to proceed with an investigation. The prosecutor may also receive referrals from states or the UN Security Council to investigate crimes under the ICC’s jurisdiction.
Investigation Stage
If the ICC prosecutor determines that there is a reasonable basis to proceed with an investigation, the investigation stage commences. During this stage, the prosecutor may collect evidence, interview witnesses, and conduct forensic analysis. The prosecutor may also request the assistance of the Kenyan authorities in carrying out the investigation.
Confirmation of Charges Hearing
After the investigation stage, the prosecutor may request the ICC Pre-Trial Chamber to issue an arrest warrant or a summons to appear for the suspects. The Pre-Trial Chamber may then hold a confirmation of charges hearing to determine whether there is sufficient evidence to proceed to trial.
Trial Stage
If the Pre-Trial Chamber confirms the charges, the trial stage commences. The trial is held before the ICC Trial Chamber, which consists of three judges. During the trial, the prosecutor presents evidence, and the suspects have the right to defend themselves. If the Trial Chamber finds
the suspects guilty, they may be sentenced to imprisonment, fines, or both. The ICC may also order reparations to the victims.
Appeals Stage
Either party may appeal the ICC’s judgment or sentence to the ICC Appeals Chamber. The Appeals Chamber consists of five judges and may affirm, reverse, or amend the judgment or sentence.
Enforcement of ICC Judgments in Kenya
Once the ICC issues a judgment, it is up to the state to enforce it. If the convicted person is in custody in another state, the ICC may request the state to transfer the convicted person to a state that is willing to enforce the judgment. The ICC may also seek the assistance of other states to enforce the judgment.
Conclusion
As a private investigator in Kenya, it is important to have an understanding of the ICC prosecution process, especially if you are working on a case that may involve international criminal law. The ICC’s jurisdiction over crimes against humanity, war crimes, genocide, and aggression can play a significant role in the investigation and prosecution of such cases.
FAQs
- What is the ICC? The ICC is an independent international tribunal that prosecutes individuals for the most serious crimes of international concern.
- What crimes does the ICC have jurisdiction over? The ICC has jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression.
- How does the ICC initiate an investigation? The ICC prosecutor may initiate an investigation through a preliminary examination or receive referrals from states or the UN Security Council.
- Can the ICC enforce its own judgments? No, it is up to the state to enforce the ICC’s judgments.
- What happens if a state is unable or unwilling to prosecute individuals for crimes under the ICC’s jurisdiction? The ICC’s jurisdiction is complementary to that of national courts, meaning that the ICC only steps in when a state is unable or unwilling to prosecute individuals for crimes under the ICC’s jurisdiction.