via: The Hague Trials Kenya The trial of Uhuru Kenyatta at the International Criminal Court is scheduled to start on 12 November. Some 20,000 victims are being represented in ‘Kenya case two’, as many refer to this trial in which the accused is Kenya’s current president. The Hague Trials Kenya spoke with the ICC’s legal representative of victims, Fergal Gaynor. His answers have been edited for clarity. Q. The victims you represent say they actually know who the perpetrators were, and they are not only the people facing trial in The Hague. Do you agree? A. I think the post-election violence victims will fully support a more concerted effort to hold accountable the perpetrators of the violence – the direct perpetrators who killed, raped, destroyed businesses and property. There should be justice at all levels. Direct perpetrators should be held accountable, but also those at the middle level and below. I agree there is need to try to prosecute them as well for the full realization of justice. But the ICC tries only those individuals who are believed to bear the greatest responsibility in the commission of the crimes against humanity. Q. What do you think about so many witnesses having withdrawn? A. Withdrawal on grounds of being pressured is punishable under the Rome Statute. Even in the local legal structures around the world, it is an offence against the administration of justice. The law is very clear: to be precise, Article 70 underlines the offences and the penalties for the breach. To apply as a witness is voluntary. To withdraw because of interference is against the law and therefore requires prosecution. Q. What message do you have for the post-election victims you represent, especially those in Nyanza and the west of the country? A. I know that the IDPs [internally displaced people] in Nyanza are a forgotten lot. They have not received the necessary level of support, compared to the rest in the Rift Valley and in Central provinces in Kenya. This is the major failure on the part of the government. It should live up to its obligation of providing the necessary support to all the post-election victims, regardless of where they live. Q. Do you think the ICC process concerning Kenya has become politicized? A. The ICC is having an impact on Kenyan politics. But it has wider repercussions, as we saw at the extraordinary AU summit in Addis Ababa. What the AU and the victims have been saying is that there is a mix of politics in the entire process of bringing justice to situations of systematic and widespread of crimes against humanity. Q. How likely is it for the UN Security Council to back the African Union’s call for a deferral of the trials against Kenya’s president and deputy? A. It would be a terrible tragedy if the members of the UN Security Council voted in favour of the AU resolution seeking a deferral of the Kenyan situation. Although Article 16 of the Rome Statute permits the Security Council to suspend any proceeding or prosecution, this would be an unprocedural way to sacrifice the interests of the victims I represent. If the Security Council does this, it will be sending a clear message that if you are a sitting head of state or government or a deputy, you are exempted from criminal prosecution. I have been in the international justice practice for the past 20 years. It doesn’t matter whether you are a sitting head of state or government. If you are alleged to have committed crimes under the Rome Statute, you must be held accountable. *Akuba Jandiko is a pseudonym for a Kisumu-based journalist. Lead photo: Fergal Gaynor, ICC legal representative of victims (Photo: Fergal Gaynor)
Posted on: Wed, 30 Oct 2013 11:21:21 +0000
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