Very many thanks for this piece of self-explanatory and informative news/article, I made an intelligent guess out of my own ignorance by scrutinizing that piece of biased presented information of the judge's withdrawal. I have enjoyed reading this article. Super mod, keep on giving us things of this nature to expand our horizon not only on information but also understanding! Ubarikiwe sana...
ICC Judge withdraws from Uhuru, Ruto case
ICC Judge withdraws from Uhuru, Ruto case
- Thread starter engmtolera
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Kiambu mafia
Member
- Mar 26, 2013
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ICC president should stop a shameless lie to the world
Belgian judge Christine Van Den Wyngaert withdrew from the kenyan case leaving a stinging
criticism of the ICC prosecutor madam fatsou bensouda.
Christine Van Den Wyngaert wrote a stinging criticism of ICC prosecutor Fatsou Bensouda before
asking to be withdrawn from the case.
saying that Judge Christine Van Den Wyngaert resigned from the Uhuru case due to a heavy
workload.
She is allegedly involved in 5 cases before the ICC. The two Kenyan cases and cases from the
Democratic Republic of the Congo, Libya, and the Ivory Coast.
But one need only check the ICC website to find these claims false.
The ivory coast cases and the lbya cases are both in pre trial they are not scheduled for any further
hearings this year. See ICC calender
The only cases scheduled for the rest of the year are. The Bemba Trial, Ruto Sang Trial , the Uhuru
Trial and the Ntaganda confirmation of charges hearing which doesn't start until September.
Only the Bemba trial runs at the same time as Uhuru and Ruto cases. But the judge Christine Van
Den Wyngaert is not in that case. Infact only lead judge Kuniko Ozaki is in both cases. That might
prove dicey if the Bemba case is not concluded before the Kenya cases.
So the ICC presidents explanation of a heavy work load for judge Christine Van Den Wyngaert is
bogus. The reason she gave earlier that the prosecution case is shaky is the true reason.
Belgian judge Christine Van Den Wyngaert withdrew from the kenyan case leaving a stinging
criticism of the ICC prosecutor madam fatsou bensouda.
Christine Van Den Wyngaert wrote a stinging criticism of ICC prosecutor Fatsou Bensouda before
asking to be withdrawn from the case.
In an attempt to control the damage ICC president Sang Hyun Song lied shamelessly to the world
saying that Judge Christine Van Den Wyngaert resigned from the Uhuru case due to a heavy
workload.
She is allegedly involved in 5 cases before the ICC. The two Kenyan cases and cases from the
Democratic Republic of the Congo, Libya, and the Ivory Coast.
But one need only check the ICC website to find these claims false.
The ivory coast cases and the lbya cases are both in pre trial they are not scheduled for any further
hearings this year. See ICC calender
The only cases scheduled for the rest of the year are. The Bemba Trial, Ruto Sang Trial , the Uhuru
Trial and the Ntaganda confirmation of charges hearing which doesn't start until September.
Only the Bemba trial runs at the same time as Uhuru and Ruto cases. But the judge Christine Van
Den Wyngaert is not in that case. Infact only lead judge Kuniko Ozaki is in both cases. That might
prove dicey if the Bemba case is not concluded before the Kenya cases.
So the ICC presidents explanation of a heavy work load for judge Christine Van Den Wyngaert is
bogus. The reason she gave earlier that the prosecution case is shaky is the true reason.
Kabaridi
JF-Expert Member
- Nov 15, 2011
- 2,022
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Ab-Titchaz said:
16 Mar 2011
The ICC has released the sole dissent to Prosecutor Luis Moreno-Ocampo's request for summonses in the case on Kenya's post-election violence.The 19 page ruling by Justice Hans Peter-Kaul, the Vice- President of the International Criminal Court, contradicted those of his other colleagues in the Pre-Trial Chamber II. He argued that claims that the violence was organised were not supported by any of the material presented to the judges and that he found no evidence suggesting a State policy of attacking civilians.
In his view, the hiring of criminal gangs by politicians was a temporary partnership of convenience rather than an "organisation" established for a purpose. A series of meetings with facilitators and the principal perpetrators did not amount to an organisation. He failed to "see the existence of an "organisation" behind the violent acts which may have established a policy to attack the civilian population within the meaning of article 7(2)(a) of the Statute." He added that he failed to see how an ‘organisation' could have existed when the lead figures were the Mungiki gang and Kenya Police Forces, but acknowledged that the evidence suggested that Uhuru Kenyatta acted as the principal contact between the Mungiki gang and the principal perpetrator.
In discussing the Head of Civil Service, Francis Muthaura, and the then Police Chief, Hussein Ali, Justice Kaul stated that any assessment of criminal conduct by the Kenya Police Forces should have considered the official positions of the two principal perpetrators and the responsibility of others in the Kenyan Police Forces.
Justice Kaul was also of the view that the Court lacks jurisdiction ratione because the crimes alleged do not amount to crimes against humanity pursuant to article 7 of the Statute.
He further argued that the ICC has no jurisdiction in the situation in the Republic of Kenya and the alleged crimes fall within the competence of the Kenyan criminal justice authorities to be investigated and prosecuted. He stated that he took this position with a heavy heart, being profoundly aware of the crimes and atrocities as described in the prosecutor's Application for summonses.
Judge Hans-Peter Kaul's dissent in the Kenya case is released by the ICC
Kabaridi
JF-Expert Member
- Nov 15, 2011
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A judge overseeing the International Criminal Court (ICC) [official website] case of Kenyan President Uhuru Kenyatta [BBC profile; JURIST news archive] requested on Saturday to be excused from hearing the case while leveling sharp criticism at prosecutors handling the case. Kenyatta and his deputy president William Ruto are facing ICC charges of crimes against humanity for their alleged involvement in violence following the 2007 election [JURIST news archive] where allegations of fraud [JURIST report] led to more than a thousand deaths in ethnic clashes following the election. Judge Christine Van den Wyngaert [ICC profile] did not associate her decision to withdraw [Reuters report] from the case to the conduct of the prosecutors, instead claiming her decision was the result of an overburdened work schedule. In her concurring opinion [text, PDF] denying a defense motion to refer the case back to the ICC's Pre-Trial Chamber, Van den Wyngaert described the prosecution as "negligent" and claimed:
"[T]here are serious questions as to whether the Prosecution conducted a full and thorough investigation of the case against the accused prior to confirmation. In fact, I believe that the facts show that the Prosecution had not complied with its obligations under article 54(1)(a) at the time when it sought confirmation and that it was still not even remotely ready when the proceedings before this Chamber started."
Article 54 of the Rome Statute [text] establishes the obligations and duties on ICC prosecutors conducting criminal investigations. Despite the alleged deficiencies in the prosecution's case the trial is set to begin on July 9.Even with the crimes against humanity charges pending against him, Kenyatta was still able to win a controversial election [JURIST report] to the presidency last month. Kenyatta was sworn in following a March ruling [JURIST reports] from Kenya's Supreme Court [official website] that the results of the country's presidential election were valid, denying an appeal [JURIST report] by Kenyan Prime Minister Raila Odinga [Al Jazeera profile]. Earlier in March Kenyatta's lawyer asked the ICC to drop the charges[JURIST report] against him for lack of evidence, but the prosecution refused. Kenyatta's request was based on the ICC's withdrawal [decision, PDF] of charges against co-defendant Francis Muthaura for lack of evidence. Kenyatta's lawyers claimed the evidence against Muthaura and Kenyatta was the same, but the prosecution disagreed. Kenyatta's trial has already been postponed [JURIST report] once in March after Kenyatta's defense team argued that they needed more time to respond to evidence revealed to them at the last minute leading up to the trial.
source: JURIST - Paper Chase: ICC judge withdraws from case against Kenya president
"[T]here are serious questions as to whether the Prosecution conducted a full and thorough investigation of the case against the accused prior to confirmation. In fact, I believe that the facts show that the Prosecution had not complied with its obligations under article 54(1)(a) at the time when it sought confirmation and that it was still not even remotely ready when the proceedings before this Chamber started."
source: JURIST - Paper Chase: ICC judge withdraws from case against Kenya president
Kabaridi
JF-Expert Member
- Nov 15, 2011
- 2,022
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