ICC in the Media, Update #25

This past week the media has focused primarily on the ICC's investigations in Libya and Kenya. ICC's Office of the Prosecutor has reportedly identified seven incidents within the first twelve days of the Libyan uprising that could constitute crimes against humanity. Prosecutor Ocampo apparently hopes to report his investigation into Libya to the United Nations Security Council by May 4, 2011. After that he will submit his findings to the courts of the ICC. In the meantime Ocampo has warned the Libyan government that going forward with civilian attacks could constitute war crimes. In the Kenya case, efforts to obtain a Security Council deferral reportedly came to an end on Friday when key members of the Council refused to support the measure. Although Kenyan VP Kalonzo, who has headed the deferral effort, denies the occurrence of a formal rejection, diplomats report that the deferral was rejected because it did not satisfy the Article 16 requirements of threatening international peace and security.

It is now likely that Kenya will turn its attentions to obtaining an Article 19 postponement under the Rome Statute which requires proof that Kenya can credibly prosecute the responsible individuals domestically. Prime Minister Odinga of the ODM party has come out in support of the Kenya six submitting to the ICC to clear their names and to provide some solace for those affected by the violence. However, the government is reportedly devising a compromise of creating ICC backed local tribunals that would satisfy the PNU and named suspects' desire for an Article 19 appeal, as well as the ODM's longstanding desire for credible post-election violence judicial proceedings. Whether this will be successful remains to be seen; however, the government must move quickly as the suspects are scheduled to appear before the ICC on April 7 and 8, 2011. In other news, last Friday Malaysia's cabinet officially decided to become a member state of the ICC. This development is to be soon followed by the final steps of ratifying the Rome Statute. In addition, Justice Joyce Aluoch, a former Kenyan appellate judge, has been elected as the presiding judge in the Banda and Jerbo cases from the situation in Darfur. Photo credit: Daily Nation.