ICC begins to analyse reports on post-election violence

The International Criminal Court has begun collecting reports detailing incidents of post-election violence. It emerges ICC officials have been in touch with the Kenya National Commission on Human Rights (KNCHR) and asked for the report consolidated by the Commission on the post-election upheavals.

Speaking on Tuesday at KNCHR offices, the Vice-Chairperson Hassan Omar said and intimated similar requests may have been made to other organisations that have investigated the violence.
"We can reveal that ICC has been in touch with us and has expressed interest in the evidence regarding post-election upheavals. They asked us to forward to them our report, the names of those implicated and evidence to that regard," Omar said. He said while ICC has not taken a stand on the issue, it wanted to familiarise itself with the evidence and ascertain if there was need for them to intervene should local processes fail.

Sufficient gravity
In a letter dated August 22, Beatrice Le Fraper du Hellen, ICC director of jurisdiction, clarifies investigations are still in progress. "We are still in the process of analysing a number of factors, including whether the alleged crimes are within the jurisdiction of the Court, if such crimes are of sufficient gravity, and whether Kenya’s national authorities are conducting genuine investigations and/or prosecutions of these crimes," the letter states.
The national human rights watchdog had yesterday castigated politicians against the implementation of the Waki report.

Omar warned that the Government has no alternative but to constitute a special tribunal recommended by the Waki or the ICC would step in. "The ICC does not need an invitation. We remind all parliamentarians that the first and best option for justice is for Kenya to try its own. If parliamentarians do not wish Kenya to meet its obligations, then the ICC prosecutor may supplant our national jurisdiction and investigate crimes that fall within the competence of the ICC," KNCHR warned. Following the release of the Waki Report, the political class has been locked in a debate in which some have rubbished the report. Omar termed the ongoing debate morally fraudulent and a shameless attempt to perpetuate impunity.

Clock was ticking
The commission reminded the Government that the clock was ticking and they urgently needed to act as per the Waki recommendations.
"We remind the political class that time is ticking; an agreement for the Special Tribunal must be signed within 60 days of presentation of the report to the President and the Tribunal created by law within 45 days thereof," the statement said.

By Susan Anyangu
source:East African Standard
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