In direct from the International Criminal Court.
ICC Presidency responds to letter from African Union, clarifies legal procedures under the Rome Statute and encourages mutual cooperation.
The Second Vice-President of the International Criminal Court (ICC, Court), Judge Cuno Tarfusser, has responded on behalf of the ICC Presidency to a letter from the Chairperson of the African Union (AU) and the Chairperson of the African Union Commission, which addressed various aspects of the ongoing ICC proceedings of the Kenyan President, Mr Kenyatta, and his Deputy, Mr Ruto, both charged with crimes against humanity for crimes allegedly committed in Kenya in the 2007-2008 post-election violence.
The Second Vice-President clarified that the Presidency has no legal powers to consider arguments and concerns related to ongoing cases, and that such matters should be raised before the relevant Chambers in accordance with the Rome Statute and the ICC’s Rules of Procedure and Evidence.
He also noted, in response to a reference made in the letter from the African Union, that there are no pending requests before the ICC for the deferral of Kenya-related cases to Kenyan judicial institutions. He stressed that “the Judges of the Court must take all their decisions in accordance with the mandate and legal framework established by the States that created the Court – including the 34 African States that are party to the Rome Statute”.
The Second Vice-President added that the Court remained fully committed to friendly and cooperative relations with the African Union in the spirit of the AU’s and ICC’s shared values.
Letter of ICC Second Vice-President Judge Cuno Tarfusser, 13 September 2013
Letter of the African Union, 10 September 2013
