The Situation in the Republic of Kenya assigned to Pre-Trial Chamber II
Situation: Republic of Kenya
On 6 November, 2009, the Presidency of the International Criminal Court (ICC) issued a decision assigning the situation in the Republic of Kenya to Pre-Trial Chamber II composed of Judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser. The Presidency had received from the Prosecutor a letter, dated 5 November, 2009, indicating its intention to submit a request for the authorisation of an investigation into that situation considering that “there is a reasonable basis to proceed with an investigation into the Situation in the Republic of Kenya in relation to the post-election violence of 2007-2008”.
The Republic of Kenya ratified the Rome Statute on 15 March, 2005 becoming a State Party. According to the Rome Statute, the Court may exercise its jurisdiction in situations where the alleged perpetrator is a national of a State Party or where the crime was committed in the territory of a State Party.
Any State Party to the Rome Statute can request the Prosecutor to carry out an investigation. The UN Security Council may also refer a situation to the Court. The Prosecutor can decide proprio motu (on his own) to initiate an investigation if there is a reasonable basis to proceed with an investigation. He must, however, obtain the permission of the judges of the Pre-Trial Chamber before initiating an investigation under such circumstances.
DECISION ASSIGNING THE SITUATION IN THE REPUBLIC OF KENYA TO PRE-TRIAL CHAMBER II
Annex to the Presidency Decision
Kenyan authorities committed to cooperate as ICC Prosecutor informs them that in December he will request ICC Judges to open an investigation into post-election violence.
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