Appeals Chamber confirms Trial Chamber V(a) decision summonsing witnesses to appear
Today, 9 October 2014, the Appeals Chamber of the International Criminal Court (ICC) dismissed Mr Ruto’s and Mr Sang’s appeals against Trial Chamber V(a)’s decision of 17 April 2014. With that decision, the Trial Chamber required witnesses to appear before it, sitting in situ or by way of a video-link, and found that Kenya was under an obligation to facilitate the witnesses’ appearance, if necessary by way of compulsory measure.
During an open court session, Judge Akua Kuenyehia, Presiding Judge on these appeals, read the summary of the judgment. She explained that, in the view of the Appeals Chamber, article 64(6)(b) of the Rome Statute expressly gives Trial Chambers the power to compel witnesses to appear before it, thereby creating a legal obligation for the individuals concerned. The Appeals Chamber concluded that there was no error in the Trial Chamber’s decision and confirmed it on appeal.
