The Standard | Online Edition :: The criminal cases Ocampo presented to the ICC.
By Stephen Makabila
The International Criminal Court Chief Prosecutor Luis Moreno-Ocampo has identified four categories of crimes committed during post-election Violence.
They include murder, rape, evictions and other inhumane acts combined, which fall under the jurisdiction of the ICC.
He presented a report to the ICC Pre-Trial Chamber 11 before presiding judge, Justice Ekaterina Trendafilova, and two others, judges Justice Hans-Peter Kaul and Justice Cuno Tarfusser in The Hague on November 28.
Murder constitutes a crime against humanity under Article 7(1) (a) of the ICC Statute, while rape and other forms of sexual violence constitutes a crime against humanity under Article 7 (1) (g) of the Statute. Forcible transfer of people is under Article 7(1) (d) of the Statute, while other inhumane acts, causing serious injury constitute a crime against humanity under Article 7 (1) (k).
Ocampo’s report, which The Standard on Sunday has seen, states post-election violence was at some stage planned and carried out systematically.
“While the violence initially appeared spontaneous, triggered by perceived rigging of the elections, the organised aspect of the violence became apparent as it emerged politicians, businessmen and others had enlisted criminal elements and ordinary people to carry out attacks against targeted groups,” the report read, in part.
Directed attacks
Ocampo believes primarily members of organised groups associated with the main political parties, ODM and PNU, conducted the attacks directed against civilians.
He says prosecution would be directed at persons bearing the greatest responsibility for the most serious crimes.
Ocampo divides the violence into two phases, with the first wave running from December 29, 2007 to January 18, last year.
The second organised retaliatory wave was between January 24 and 28, last year.
The fist wave hit the Rift Valley towns such as Eldoret, Molo and Kericho, while the second extended to Nakuru and Naivasha.
On murders, Ocampo cites the Waki Commission report, which puts the number of deaths at 1,133 against the Government’s official figure of 1,220.
He further notes the disparity between the Waki Commission and the Government over deaths from police shootings, with Waki putting it at 405 while the Government acknowledged 123 deaths.
Ocampo lists the highest number of deaths occurred in the Rift Valley (744 deaths), followed by Nyanza (134 deaths), Nairobi (125 deaths), Western (98), Coast (27) and Central (five).
During that period, Ocampo says there was an upsurge of sexual violence. Quoting figures from the Waki Commission Report, he says Nairobi Women’s Hospital received 524 cases of rape.
Partner hospitals of Nairobi Women’s Hospital received 286 cases of sexual violence and Kenyatta National Hospital responded to 184 cases.
On evictions, Ocampo says about 350,000 people were displaced through threats, looting, killings and burning of houses.
Source: Standard Media.co.ke