Darfur, Kenya courts to complement ICC: prosecutor

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By Emma Thomasson

ZURICH (Reuters) - Proposed special tribunals for the Darfur conflict and Kenya's post-election violence would complement the International Criminal Court and show it is helping to end impunity, the chief prosecutor said on Friday.

"The primary responsibility lies in national states," ICC chief prosecutor Luis Moreno-Ocampo told Reuters in a telephone interview. "The ICC is just doing a piece -- prosecuting the most responsible -- but then there are other efforts needed."

Moreno-Ocampo is due to visit Kenya on November 5 to discuss his plan to prosecute the worst offenders behind the violence after last year's disputed presidential election which killed at least 1,300 people and uprooted more than 300,000.

Kenya has promised to deal with the masterminds itself, but numerous attempts to kick-start the process have floundered and Kenyans are sceptical that powerful individuals will be arrested and charged because of widespread impunity among politicians.

The prosecutor declined to say how quickly he might launch indictments but said he would discuss with the Kenyan government how to best cooperate to end impunity and avoid a repeat of the violence at the next election, due in 2012.

"Kenya could be an example of how to manage this type of conflict because Kenya had a problem but Kenya stopped the crimes in two months. Now they have to do more to prevent repetition and ensure the next election is an example," he said.

He welcomed a proposal this week from a panel of African leaders to end the conflict in Darfur, which includes the establishment of a special court to try those charged with atrocities, even though the ICC is already investigating there.

Moreno-Ocampo said it was important for national authorities to be involved as prosecution of massive crimes often took decades, noting that in his home country of Argentina, cases are still being brought against the military junta years after its so-called Dirty War when many thousands died or disappeared.

ALL WORLD TO JOIN COURT IN 30 YEARS

Moreno-Ocampo was speaking ahead of a visit to Geneva on Monday, when he will present his new three-year strategy to non-governmental organisations, aid workers and academics in what he called the "capital of human rights".

"The next three years, is how the states and international organisations can work together to build a system in which we basically end impunity to prevent future crimes," he said.

The world's first permanent war crimes tribunal now has the backing of 110 nations, but still lacks endorsement from the United States, Russia and China, although President Barack Obama's administration has signalled greater cooperation.

Moreno-Ocampo said it was up to states to decide whether to sign up, but said China had described itself as a partner of the court and Russia had sent thousands of communications over his examination of its five-day war with Georgia last year.

He also welcomed the fact that Washington's recent overture to Khartoum would not include President Omar Hassan al-Bashir, indicted by the ICC in March for war crimes in Darfur.

"The court is really helping to establish a new idea in the world with state parties and non-state parties. It will take time. In 30 years, all the world will be a member of the court but in the meantime we are progressing," he said.