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Major Research Paper Uhuru Kenyatta Vs. The
1 Major Research Paper Uhuru Kenyatta vs. The International Criminal Court: Narratives of Injustice & Solidarity Stefanie Hodgins Student Number: 5562223 Supervisor: Professor Rita Abrahamsen University of Ottawa Graduate School of Public and International Affairs Date: July 23rd, 2015 2 Abstract The intent of this paper is to explore the dominant narratives used by Uhuru Kenyatta to discredit the legitimacy of the International Criminal Court within Kenya and Africa. Using a framing analysis as a theoretical approach, this paper identified four primary arguments, which pertained to issues of neo-colonialism, sovereignty, ethnic polarization, and national reconciliation. This paper argues that these arguments supported narratives of injustice and solidarity and were evoked by Kenyatta in order to mobilize a domestic and regional support base throughout the course of his trial at The Hague. This paper examines how these narratives were used in the context of the 2013 Kenyan election and at Kenyatta's various appearances at the African Union. Overall, this analysis offers new insights into the effectiveness of global criminal justice and considers the importance of addressing local perceptions and realities. 3 Table of Contents 1.0 - Introduction .................................................................................................................................... 4 2.0 - Theoretical and Methodological Approach ..................................................................................... 7 3.0 - Kenya's 2007-08 Post-Election -
Making Power Sharing Work: Kenya's Grand Coalition Cabinet, 2008–2013
MAKING POWER SHARING WORK: KENYA’S GRAND COALITION CABINET, 2008–2013 SYNOPSIS Leon Schreiber drafted this case Following Kenya’s disputed 2007 presidential election, fighting based on interviews conducted in broke out between supporters of incumbent president Mwai Kibaki Nairobi, Kenya in September 2015. Case published March 2016. and opposition leader Raila Odinga. Triggered by the announcement that Kibaki had retained the presidency, the violence ultimately This series highlights the governance claimed more than 1,200 lives and displaced 350,000 people. A challenges inherent in power sharing February 2008 power-sharing agreement between the two leaders arrangements, profiles adaptations helped restore order, but finding a way to govern together in a new that eased these challenges, and unity cabinet posed a daunting challenge. Under the terms offers ideas about adaptations. negotiated, the country would have both a president and a prime minister until either the dissolution of parliament, a formal withdrawal by either party from the agreement, or the passage of a referendum on a new constitution. The agreement further stipulated that each party would have half the ministerial portfolios. Leaders from the cabinet secretariat and the new prime minister’s office worked to forge policy consensus, coordinate, and encourage ministries to focus on implementation. The leaders introduced a new interagency committee system, teamed ministers of one party with deputy ministers from the other, clarified practices for preparing policy documents, and introduced performance contracts. Independent monitoring, an internationally mediated dialogue to help resolve disputes, and avenues for back-channel communication encouraged compromise between the two sides and eased tensions when discord threatened to derail the work of the executive. -
ICC-01/09-02/11 Date: 23 March 2011 PRE-TRIAL CHAMBER II Before
ICC-01/09-02/11-13 23-03-2011 1/7 CB PT Original: English No.: ICC‐01/09‐02/11 Date: 23 March 2011 PRE‐TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova, Presiding Judge Judge Hans‐Peter Kaul, Judge Judge Cuno Tarfusser, Judge SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF THE PROSECUTOR v. FRANCIS KIRIMI MUTHAURA, UHURU MUIGAI KENYATTA AND MOHAMMED HUSSEIN ALI Public Document Defence Submissions on the Variation of Summons Conditions for Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali Source: Defence No. ICC‐01/09‐02/11 1/7 PURL: https://www.legal-tools.org/doc/7959a5/23 March 2011 ICC-01/09-02/11-13 23-03-2011 2/7 CB PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Mr. Luis Moreno‐Ocampo, Prosecutor Counsel for Francis Kirimi Muthaura: Ms. Fatou Bensouda, Deputy Prosecutor Karim Khan and Kennedy Ogetto Counsel for Uhuru Muigai Kenyatta: Steven Kay QC and Gillian Higgins Counsel for Mohammed Hussein Ali: Evans Monari and Gershom Otachi Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States’ Representatives Amicus Curiae REGISTRY Registrar Counsel Support Section Ms. Silvana Arbia, Registrar Deputy Registrar Mr. Didier Daniel Preira, Deputy Registrar Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC‐01/09‐02/11 2/7 PURL: https://www.legal-tools.org/doc/7959a5/23 March 2011 ICC-01/09-02/11-13 23-03-2011 3/7 CB PT I. -
Kenya: Impact of the ICC Proceedings
Policy Briefing Africa Briefing N°84 Nairobi/Brussels, 9 January 2012 Kenya: Impact of the ICC Proceedings convinced parliamentarians. Annan consequently transmit- I. OVERVIEW ted the sealed envelope and the evidence gathered by Waki to the ICC chief prosecutor, Luis Moreno-Ocampo, on 9 Although the mayhem following the disputed December July 2009. Four months later, on 5 November 2009, the pro- 2007 elections seemed an exception, violence has been a secutor announced he intended to request authorisation to common feature of Kenya’s politics since the introduction proceed with an investigation to determine who bore of a multiparty system in 1991. Yet, the number of people greatest responsibility for crimes committed during the killed and displaced following that disputed vote was un- post-election violence. precedented. To provide justice to the victims, combat per- vasive political impunity and deter future violence, the In- When Moreno-Ocampo announced, on 15 December 2010, ternational Criminal Court (ICC) brought two cases against the names of the six suspects, many of the legislators who six suspects who allegedly bore the greatest responsibility had opposed the tribunal bill accused the court of selec- for the post-election violence. These cases have enormous tive justice. It appears many had voted against a Kenyan political consequences for both the 2012 elections and the tribunal on the assumption the process in The Hague would country’s stability. During the course of the year, rulings be longer and more drawn out, enabling the suspects with and procedures will inevitably either lower or increase com- presidential ambitions to participate in the 2012 election. -
An Outlook of the Kenyan Situation
KONRAD ADENAUER STIFTUNG’S SUMMARY REPORT ON THE OUTLOOK OF THE KENYAN SITUATION AFTER THE ELECTIONS 2013 1. KENYA’S ELECTIONS 2013 Kenya held her most critical and complex elections in its 50 th year since independence on March 4, 2013. Kenya is implementing a devolved 47-county system of government via these polls -- electing governors, senators, county representatives and other officials to a brand new federated structure of government. A high voter turnout was recorded in almost all polling stations and the process was largely peaceful and orderly. Several challenges were reported especially technological failure of the electronic voter identification machines prompting election officials to revert to manual voter registers; as well as failure of the electronic transmission of results from the polling stations to the tallying centres. These technical glitches caused some public anxiety but nevertheless, the voting went on largely uninterrupted. 2. CREDIBILITY OF KENYA’S ELECTIONS The organization, credibility and transparency of Kenya’s recently concluded presidential and general elections have been commended by both international and local observers. International observers from the Commonwealth, EU and Carter Foundation described the initial phase of the election as transparent and credible despite the challenges that caused delays in voting. Similarly, the Elections Observation Group (Elog) and the Africa’s civil society were satisfied with the way Kenya conducted its General Election. According to the Coordinator of Civil Society in Africa (CCSA), Jean Marie Ngondjibangangte, except for the failure in equipment acquired by the Independent Electoral and Boundaries Commission (IEBC), everything else was in order. Konrad Adenauer Stiftung/Kenia, P.O. -
Original Paper Jurisdictions of the Hague Court
World Journal of Social Science Research ISSN 2375-9747 (Print) ISSN 2332-5534 (Online) Vol. 7, No. 1, 2020 www.scholink.org/ojs/index.php/wjssr Original Paper Jurisdictions of the Hague Court Professor Bishnu Pathak1 1 A Noble Peace prize nominee, a former Senior Commissioner at the Commission of Investigation on Enforced Disappeared Persons (CIEDP), Nepal * Bishnu Pathak, A Noble Peace prize nominee, a former Senior Commissioner at the Commission of Investigation on Enforced Disappeared Persons (CIEDP), Nepal Received: January 22, 2020 Accepted: February 7, 2020 Online Published: February 25, 2020 doi:10.22158/wjssr.v7n1p17 URL: http://dx.doi.org/10.22158/wjssr.v7n1p17 Abstract The objectives of the paper are threefold: a) to find out the axiomatic truths, investigating crimes committed in the past; b) to examine the steps of the trial to the perpetrators for acco untability and to deliver justice to the victims without prejudice at present; and c) to foster peace, human security and harmony for not repeating crimes in future. This state-of-the-art paper is prepared based on archival literature review, exchanging and sharing, Rome Statute defined functions and a practical observation approach rather than theoretical conception. The Hague Court gathers and scrutinizes testimonies, questioning victims and witnesses and analyzes the shreds of evidence of a suspect’s inn ocent or guilty. The examination and investigation guided by Rome Statute jurisdiction shall initiate on five criteria: (i) State Party, (ii) Declaration of Acceptance, (iii) Situation Referring by the UNSC, (iv) Transnational Crimes and (v) Petition by Victim/Representative. As of December 2019, 123 countries have become the Member States to the Rome Statute, but China, Iraq, Israel, Libya, Qatar, USA and Yemen voted against the treaty. -
The Secret Double-Dealing in Kenyatta 'Crimes Against Humanity' Case - Page 1 | Medi… Page 1 of 3
The secret double-dealing in Kenyatta 'crimes against humanity' case - Page 1 | Medi… Page 1 of 3 INTERNATIONAL INVESTIGATION The secret double-dealing in Kenyatta 'crimes against humanity' case OCTOBER 6, 2017 | BY STÉPHANIE MAUPAS In 2010, the International Criminal Court began proceedings against six Kenyan officials, including the country’s current president, Uhuru Kenyatta, of crimes against humanity over their responsibility in the deaths of more than 1,100 people, the displacement of an estimated 350,000 others, and rapes and persecutions which followed contested presidential election results in late 2007. But, as revealed by confidential documents obtained by Mediapart and analysed together with its media partners in the European Investigative Collaborations consortium, the ICC cases fell apart due in large part to the weakness of the investigation led by chief prosecutor Luis Moreno Ocampo who, after bringing charges against Kenyatta, subsequently campaigned behind the scenes for the Kenyan leader to escape prosecution. Stéphanie Maupas reports. enyans are due to return to the polls on October 26th in a re-run of presidential elections held on August 8th, K after Kenya’s supreme court in September annulled sitting president Uhuru Kenyatta’s victory over longstanding rival Raila Odinga, which it ruled was invalidated by “illegalities and irregularities”. The opposition National Super Alliance movement is demanding an overhaul of the east African country’s electoral commission, and rolling demonstrations in the capital Nairobi (https://www.bloomberg.com/news/articles/2017-10- 05/kenya-to-tighten-security-for-opposition-protests-on-friday) in support of the call have been marred by clashes with police. -
A Cause for Justice Or Quagmire ICC Practice and Precedent: the Case of Uhuru Kenyatta
A Cause for Justice or Quagmire ICC Practice and Precedent: The Case of Uhuru Kenyatta A Comment From: Maria Namuma Simiyu, Kenya, PROLAW 2013-2014 The violence that engulfed Kenya after the announcement of the results of the presidential elections on 30 December 2007 resulted in the death of about 1,133 Kenyans, 600,000 forceful evictions, destruction of property worth millions of shillings and sexual violence on women, men ,and children.1 However, no measures were implemented to ensure accountability for human rights violations, including possible crimes against humanity committed in the post election violence by various perpetrators. Consequently, the prosecutor of the ICC proceeded to ask permission from Pre-trial Chamber II of the ICC to initiate investigations.2 However questions arose whether he conducted his own investigations or solely relied on investigative reports:3 The Prosecutor preferred charges of crimes against humanity in case 1 against William Samoei Ruto, Henry Kosgey,4 and Joshua Arap Sang and in case 2 against Uhuru Kenyatta, Francis Muthaura, and Hussein Ali.5 On 23 January 2012 , the trial chamber, confirmed the charges against Mr. Ruto and Mr. Sang in case 1, and dismissed that against Mr. Kosgey.6In case 2 charges against Mr. Uhuru, and Mr. Muthaura were confirmed and that against Mr. Ali dismissed. Three years down the line, the much awaited ICC proceedings have shocked many, as a score of witnesses have since pulled out of the case (not as surprising to Kenyans). This has left the ICC in a confused state, as the prosecutor cries fowl over witnesses bribery and intimidation. -
2018 Mejor Memorial De Fiscalia.Pdf
Equipo N° 2 VI Edición del Concurso CPI de Simulación Judicial ante la Corte Penal Internacional Sala de Primera Instancia XI Caso: ICC-03/14-01/16 FISCALÍA DE LA CORTE PENAL INTERNACIONAL c. Carlos Alfredo Supremo Memorial de la Fiscalía 2 Tabla de contenidos I.- Lista de abreviaturas ......................................................................................................... 4 II.- Establecimiento de los hechos ......................................................................................... 6 III.- Cuestiones jurídicas a abordar........................................................................................ 8 IV.- Argumentos escritos ....................................................................................................... 8 IV.1.- Procedencia de la aplicación de la norma 55(2)RC en esta etapa procesal ............. 8 IV.2.A.- Improcedencia de la emisión de la notificación de la norma 55(2)RC tendiente a adicionar el CLH de otros actos inhumanos .................................................................... 13 IV.2.A.i.- Los hechos y circunstancias descriptos en los cargos: las condiciones de detención como elemento del CLH del artículo 7(1)(e)ER .......................................... 13 IV.2.A.ii.- La inclusión de otros actos inhumanos altera la narración de los hechos y circunstancias de los cargos confirmados .................................................................... 15 IV.2.A.iii.- Imposibilidad de adicionar un crimen residual ........................................ -
ICC-01/09-02/11 Date: 3 September 2011
ICC-01/09-02/11-285 05-09-2011 1/15 NM PT Original: English No.: ICC-01/09-02/11 Date: 3 September 2011 PRE-TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul, Judge Judge Cuno Tarfusser, Judge SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF THE PROSECUTOR v. FRANCIS KIRIMI MUTHAURA, UHURU MUIGAI KENYATTA AND MOHAMMED HUSSEIN ALI PUBLIC URGENT Defence Application for Adjournment of the Confirmation Hearing or in the Alternative Extension of Time to File an Amended List of Evidence (LoE) Source: Defence for Ambassador Francis Kirimi Muthaura No. ICC-01/09-02/11 1/15 3 September 2011 ICC-01/09-02/11-285 05-09-2011 2/15 NM PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Mr. Luis Moreno-Ocampo, Prosecutor Counsel for Francis Kirimi Muthaura: Ms. Fatou Bensouda, Deputy Prosecutor Karim A.A. Khan QC, Essa. M. Faal, Kennedy Ogeto and Shyamala Alagendra Counsel for Uhuru Muigai Kenyatta: Steven Kay QC and Gillian Higgins Counsel for Mohammed Hussein Ali: Evans Monari, Gregory Kehoe, John Philpot and Gershom O. Bw’omanwa Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States’ Representatives Amicus Curiae REGISTRY Registrar Counsel Support Section Ms. Silvana Arbia, Registrar Deputy Registrar Mr. Didier Daniel Preira, Deputy Registrar Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other No. -
Decision on Regime for Evidence Disclosure
ICC-01/09-02/11-77 02-05-2011 1/20 CB PT Cour Pénale j/ ^.^\ Internationale 1^1 International ^^^^^«^ Criminal Court Original: English No.: ICC-01/09-02/11 Date: 2 May 2011 PRE-TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova, Single Judge SITUATION IN THE REPUBLIC OF KENYA IN THE CASE OF THE PROSECUTOR V. FRANCIS KIRIMI MUTHAURA, UHURU MUIGAI KENYATTA AND MOHAMMED HUSSEIN ALI Public Decision on the "Prosecution's Application for leave to Appeal the 'Decision Setting the Regime for Evidence Disclosure and Other Related Matters' (ICC-01/09-02/11-48)" No. ICC-01/09-02/11 1/20 2 May 2011 ICC-01/09-02/11-77 02-05-2011 2/20 CB PT Pecîsion to be notified, in accordance with regulation 31 of the Regulations of the Court, to: The Office of the Prosecutor Counsel for Francis Kirimi Muthaura Luis Moreno-Ocampo, Prosecutor Karim A. Khan and Kennedy Ogetto Fatou Bensouda, Deputy Prosecutor Counsel for Uhuru Muigai Kenyatta Steven Kay and Gillian Higgins Counsel for Mohammed Hussein Ali Evans Monari, John Philpot, and Gershom Otachi Bw'omanwa Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants for Participation/Reparation The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States Representatives Amicus Curiae REGISTRY Registrar & Deputy Registrar Defence Support Section Silvana Arbia, Registrar Didier Preira, Deputy-Registrar Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC-01/09-02/11 2/20 2 May 2011 ICC-01/09-02/11-77 02-05-2011 3/20 CB PT Judge Ekaterina Trendafilova, acting as Single Judge on behalf of Pre-Trial Chamber II (the "Chamber")^ of the International Criminal Court (the "Court"), hereby renders the decision on the "Prosecution's Application for leave to Appeal the 'Decision Setting the Regime for Evidence Disclosure and Other Related Matters' (ICC-02/09- 01/ll-48)"2 (the "Application"). -
Domestic Politics
Kenya The case against six prominent Kenyans at the ICC continued to dominate the headlines, as political leaders sought to manipulate the proceedings for their own benefit ahead of the next elections. Towards the end of the year, the government’s decision to invade Somalia, and the threat of reprisals by al-Shabaab, transformed Kenya’s foreign affairs. Relations between the government and Kenya’s own Muslim population subsequently deteriorated and the popularity of separatist groups in Coast Province increased. However, despite consistent reports of corruption and a dip in tourist numbers following a series of high- profile abductions close to the Somali border, the power-sharing government managed to deliver economic growth and relative political stability. Domestic Politics Domestic political developments continued to be overshadowed and shaped by the ICC investigation into six prominent Kenyans accused of crimes against humanity. The charges stemmed from the role they were alleged to have played in the post-election vio- lence, which left over 1,000 people dead and 660,000 internally displaced in early 2008. The clashes, triggered by the controversial re-election of President Mwai Kibaki in late 2007, pitted state forces and gangs aligned to Kibaki’s Party of National Unity (PNU) 344 • Eastern Africa against militias allegedly organised by members of the Orange Democratic Movement (ODM), an opposition alliance led by Raila Odinga. To end the violence, a power-sharing government was established in February 2008. The political settlement allowed Kibaki to retain the position of president and created the post of prime minister to accommodate Odinga. In May 2008, the Committee of Investigation into the Post-Election Violence, better known as the Waki Commission, was established to investigate the violence.