Selasa, 5 April 2011

The Star Online: World Updates

The Star Online: World Updates

Q+A - What to expect in ICC probe into Kenyan violence

Posted: 05 Apr 2011 07:04 AM PDT

AMSTERDAM (Reuters) - Six Kenyans accused of crimes against humanity in their country's post-election violence in 2007-08 will make initial appearances this week at the International Criminal Court (ICC) in The Hague.

Mary Mumbi (C) sits with her child Michael Nganga, at an internally displaced persons (IDP) camp in Ol Kalau, west of the capital Nairobi, in this picture taken March 29, 2011. (REUTERS/Noor Khamis)

Here are the following steps in the investigation.


Suspended Education Minister William Samoei Ruto, suspended Industrialisation Minister Henry Kiprono Kosgey and radio executive Joshua Arap Sang have been accused of crimes against humanity, including murder, forcible transfer and persecution.

In a second case, Cabinet Secretary Francis Kirimi Muthaura, Finance Minister Uhuru Muigai Kenyatta and former police chief Mohammed Hussein Ali are accused of crimes against humanity, including murder, forcible transfer, rape and persecution.

Three of the accused will appear in court on Thursday, and the three others on Friday.


A summons was issued because judges were satisfied that the suspects would appear voluntarily. The court can issue arrest warrants, however, if that is considered necessary.


At an initial appearance, the pre-trial chamber will ensure that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under the 1998 Rome Statute which set up the court.

If suspects have been arrested to ensure their appearance, they may apply for interim release pending trial.


After an initial hearing, a confirmation of charges hearing takes place "within a reasonable time" after the accused's surrender or voluntary appearance before the court.

At that hearing, the prosecutor is required to support each charge with sufficient evidence to establish substantial grounds for believing the person committed the crime.

The accused may object to the charges, challenge the evidence and present their own evidence.

Within 60 days of the end of that hearing, starting from the date that any possible written submissions are filed after the oral hearing, the court must decide whether to drop the charges, request the prosecutor submit more evidence, or order the suspect to stand trial.


If the court orders the accused to stand trial, a date will be set and the accused must be present during the trial.


Yes, Kenya is trying to ward off the ICC proceedings.

First, Kenya's government has asked the United Nations Security Council -- which has influence over the ICC -- to suspend the cases for a year, and eventually have them heard in Nairobi under a local court following judicial reforms.

France, the United States and Britain -- all permanent members -- oppose a deferral, envoys have said, and France also said the request would most likely be rejected.

Article 16 of the Rome Statute allows the Security Council to suspend the court's proceedings for up to 12 months at a time in the interests of peace, but the council cannot permanently halt ICC cases.

In addition, the Kenyan government has requested ICC judges declare both cases inadmissible under Article 19 of the Rome Statute. It argues that the adoption of the country's new constitution and other reforms have opened the way for Kenya to conduct its own prosecutions for the post-election violence.

Judges must decide whether Kenya, rather than the court, has jurisdiction to try the cases. But the challenge does not affect the validity of the summonses to appear this week.

There is no specific time limit during which the judges should make a decision regarding this application.

(Editing by David Clarke and Jeffrey Heller)

Copyright © 2011 Reuters

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Rebels flee east Libya oil town under rocket fire

Posted: 05 Apr 2011 07:04 AM PDT

NEAR BREGA, Libya (Reuters) - Libyan rebels fled up to 20 km (12 miles) eastwards under heavy rocket fire from leader Muammar Gaddafi's forces on Tuesday in a sixth day of fighting for the oil port of Brega.

Rebels gesture from their trucks to a passing vehicle carrying a multiple rocker launcher on the road to the frontline in Brega April 5, 2011. (REUTERS Youssef Boudl)

Sustained bombardments of rockets and mortars pushed the insurgent caravan of pick-up trucks and cars back towards their Benghazi stronghold, in the biggest retreat in several days of inconclusive battles.

With the rebel vehicles strung out in small groups, occasional rockets were still hitting the desert near the road 20 km from Brega.

The insurgents said Western air strikes had become less effective since NATO took control from a big power coalition of France, Britain and the United States last week.

"Since the day NATO took over the air strikes, we have been falling back," said Ziad el Khafiefy, 20, a rebel fighter.

"Gaddafi's troops are hitting us with (Russian-made) Grad missiles," said Mabrouk el Majbary, 35. "Something is wrong... When the U.S. gave leadership to NATO, the bombings stopped. I don't know why."

The retreat began when rockets landed near a group of insurgents waiting in pickups with mounted machineguns at Brega's eastern gate on Tuesday morning.

Nearby, the remains of two government trucks mounted with heavy machineguns lay smouldering, their burning tyres giving off a cloud of acrid smoke. Rebels said the trucks were hit by a Western air strike.


The rebels initially returned fire with their own rocket fusillade but then scores of them leapt into pick-ups and sped off along the Mediterranean coastal highway.

The sustained burst of rocket and mortar fire appeared to give the Gaddafi forces the upper hand after days in which lightly-armed rebels pulled back but better-trained soldiers held their ground.

Kamal el-Maghraby, a rebel who returned from Britain to fight, expressed frustration at the superior weapons on Gaddafi's side. "It's not balanced," he said, gesturing towards the rebels' Kalashnikov assault rifles. "These people cannot fight with those weapons."

The rebels had shown better organisation than in past weeks, keeping territory for longer and forcing untrained volunteers to stay back as more experienced forces attack Gaddafi's front line troops.

But government troops seemed to be mounting an unrelenting assault on Tuesday.

The rebels had raced west to beyond Bin Jawad, about 525 km (330 miles) east of Tripoli, backed by Western air strikes early last week, before Gaddafi's troops mounted a counter-offensive.

The rebels were then pushed back, just as rapidly, more than 200 km into the eastern half of the country, before regrouping and holding their ground in Brega.

(Writing by Tom Pfeiffer and Barry Moody; editing by Mark Heinrich)

Copyright © 2011 Reuters

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