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.
For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515 8089 or +31 (0) 6 46 44 87 26 or at [email protected]