The case of The Prosecutor v. Uhuru Muigai Kenyatta is a case that had been tried on the issue of crimes against humanity regarding to the 2007-2008 post-election violence in Kenya under article 7 of Rome Statutes. The case was started when President Mwai Kibaki was being re-elected as president and led to series of protest, fight and demonstration. This is because it was likely that the opposite side candidate will win the election, but as President Mwai Kibaki used inhuman way to win the election, it causes conflict in Kenya and the supporters of Raila Odinga accused the government use fraud and rejected the decision.
This case was later being referred to ICC in 2010 after failed in attempts to conduct a criminal investigation against the …show more content…
The case was brought based on the article 15(3) of the Rome Statute which if the prosecutor can come out with the reasonable basis to start an investigation. The prosecutor shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence. In the initial appearance hearing on 8 April 2011, the Chamber scheduled the confirmation of charges hearing in this case for 21 September 2011. The hearing of case was held on 21st September 2011 to 5th October 2011.
There are 725 victims participating in proceedings and were represented by Fergal Gaynor. In the article 7 (1) it is stated that the definition of crimes against humanity is any acts committed as a part of widespread or systematic attacked directed against any civilians population with the knowledge of the attacker or the accused. The act in this case was including the murder (article 7 (1) (a)), the deportation or forcible transfer of population (article 7(l) (d)), rape act (article 7(1) (g)), the persecution (article 7(1) (h)) and the other inhumane acts (article 7(1) …show more content…
The defendant team submits their response on 3 September 2012 and refers their response based on Regulation 24 of the Regulation of the Registry while the representative of victim filed a response on the same day. Finally, the Registry submits that if witness preparation is carried out in The Hague, ample time should be allowed between the preparation session and the start of the witness's
This case was later being referred to ICC in 2010 after failed in attempts to conduct a criminal investigation against the …show more content…
The case was brought based on the article 15(3) of the Rome Statute which if the prosecutor can come out with the reasonable basis to start an investigation. The prosecutor shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence. In the initial appearance hearing on 8 April 2011, the Chamber scheduled the confirmation of charges hearing in this case for 21 September 2011. The hearing of case was held on 21st September 2011 to 5th October 2011.
There are 725 victims participating in proceedings and were represented by Fergal Gaynor. In the article 7 (1) it is stated that the definition of crimes against humanity is any acts committed as a part of widespread or systematic attacked directed against any civilians population with the knowledge of the attacker or the accused. The act in this case was including the murder (article 7 (1) (a)), the deportation or forcible transfer of population (article 7(l) (d)), rape act (article 7(1) (g)), the persecution (article 7(1) (h)) and the other inhumane acts (article 7(1) …show more content…
The defendant team submits their response on 3 September 2012 and refers their response based on Regulation 24 of the Regulation of the Registry while the representative of victim filed a response on the same day. Finally, the Registry submits that if witness preparation is carried out in The Hague, ample time should be allowed between the preparation session and the start of the witness's