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Government chooses pre-trial chamber process
Published in: Legalbrief Africa
Date: Mon 23 November 2009
Category: Kenya
Issue No: 358



Kenya will be the first country to have its nationals go through the pre-trial chamber process at the International Criminal Court (ICC).

The East African suggests this means the country will be offering the Netherlands-based ICC the opportunity to prove its independence, demonstrate to the rest of the world its ability to move forward without a state referral, particularly where the court may often be most needed, such as when state officials are implicated in serious crimes. The DRC was the first country to have a national, Thomas Lubanga, tried at the ICC. According to the report, the Kenyan Government recently declined to refer the post-2007 election cases to the ICC, forcing the court's chief prosecutor, Louis Moreno-Ocampo, to invoke his powers under Article 15 of the Rome Statute to move on his own motion, or proprio motu powers, to open investigations.
Full report in The East African




  

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