Kenyan victims withdraw from ICC proceedings June 8, 2013 by SAMSON ONDITI The main burden of proving the charges against the suspects rests with the prosecutor. The role of the victims, through their legal representative, is to provide supplementary arguments and help give judges a sense of the context in which the crimes occurred. Registered victims could also be entitled to compensation if the suspects are ultimately convicted. “Victim participation is an important part of the system at the ICC, and victims do make important contributions to proceedings when they put forward their views and concerns,” Elizabeth Evenson, senior counsel for the advocacy group, Human Rights Watch, said. “But ultimately a trial will turn, at least primarily, on the strength of the evidence put forward by the prosecution.” VICTIM PARTICIPATION IMPORTANT FOR COURT’S IMAGE Faced with sustained criticism of the court’s investigation in Kenya, Prosecutor Fatou Bensouda has repeatedly stated that her work is focused on bringing justice to the victims of the conflict of late 2007 and early 2008. Victim participation is an important part of the system at the ICC, and victims do make important contributions to proceedings when they put forward their views and concerns – Elizabeth Evenson, senior counsel for the advocacy group, Human Rights Watch, said. The withdrawal of such a large number of victims would therefore come as a huge blow to the court. Kenyatta and Ruto, who were on opposite sides in the conflict, have insisted that the warring factions have now reconciled under their leadership. Supporters of the new leaders argue that the ICC trials will undermine efforts to achieve lasting peace in Kenya – a claim likely to be bolstered by victims pulling out. “Any such withdrawal [of the victims] puts to question the credibility of the court and the office of the prosecutor,” Moses Chelang’a, a lawyer in Nairobi, told IWPR. In total, 233 people had been authorised by the ICC’s judges to participate as victims in proceedings against Kenyatta. A further 327 had been included in the Ruto and Sang case. Wilfred Nderitu, the ICC’s legal representative of victims in Kenya, told IWPR that he had seen the letter, but he would not comment further except to say that the cases would continue. The withdrawal of the victims comes days after judges lent their support to a proposal to hold parts of the Ruto and Sang trial outside The Hague.
Posted on: Sat, 08 Jun 2013 09:40:52 +0000
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