ICC prosecutor to summon suspects over post-election Kenya violence

Wed, 15 Dec 2010

The Hague/Nairobi - The chief prosecutor of the International Criminal Court (ICC) has said he will issue arrest warrants if the suspects he is due to summon later on Wednesday in connection with the 2007 post-election violence in Kenya do not comply with the court's rules or attempt to intimidate witnesses.

At a press conference in The Hague, Luis Moreno-Ocampo is to name six Kenyans accused of directing the bloodshed that followed disputed presidential elections. More than 1,300 people were killed and hundreds of thousands displaced in months of ethnic clashes.

The list is expected to include top coalition leaders, businessmen and security chiefs.

In a statement issued on Tuesday, Moreno-Ocampo said he expected the suspects to surrender voluntarily.

However, the prosecutor also warned that they would face arrest warrants if they did not observe several "clear conditions."

These include frequently updating the ICC on their whereabouts, refraining from approaching any perceived victims or witnesses of crimes "and attempt to influence or interfere with their testimony," and refraining from tampering with the evidence.

"If the suspects do not comply with the conditions set by the Chamber, I will request arrest warrants. If there is any indication of bribes, intimidation or threats, I will request arrest warrants," Moreno-Ocampo said.

Though the suspects' names have yet to be made public, one prominent Kenyan politician has already moved to try to clear his name.

In an application filed with the court in The Hague last week, suspended higher education minister William Ruto accused Moreno-Ocampo of not probing leads that could exonerate him - in particular reports that the Kenyan National Commission on Human Rights (KNCHR) had bribed witnesses to implicate him.

A KNCHR report named Ruto and Finance Minister Uhuru Kenyatta as key figures who orchestrated the 2007-2008 violence.

While Western diplomats have played down concerns that the naming of suspects could lead to fresh outbreaks of violence, political analysts in Kenya described it as a historic development that could trigger changes in the cabinet.

In an apparent nod to security concerns, the Kenyan government said in a statement after a special cabinet meeting Monday that members of the public would be "protected, and peace, stability, and the rule of law will be maintained throughout the country."

The government also promised to set up local courts to deal with lower-level suspects - a move considered another key step in preventing more violence when fresh elections are due to take place in 2012.

The ICC is the world's first permanent international court tasked with prosecuting war crimes, crimes against humanity and genocide. It acts as a court of last resort, only intervening if national investigations are deemed unsatisfactory.

Since the beginning of operations, in 2002, the ICC has investigated such crimes in the Democratic Republic of Congo, Uganda, the Central African Republic and Sudan's western Darfur region.