Statement of the Office of the Prosecutor regarding the reported abduction and murder of Mr. Meshak Yebei The Office of the Prosecutor of the International Criminal Court (ICC) reiterates its condolences to the family of Mr. Meshak Yebei.  Every loss of life is a unique and profound tragedy for the family that is left to mourn.  The perpetrators of this heinous crime must swiftly and decisively be brought to justice.  The Office of the Prosecutor reiterates its willingness to assist the competent authorities of the Republic of Kenya, as appropriate, to effectively investigate the circumstances of Mr. Yebei’s death. The Office of the Prosecutor wishes to address recent speculation alleging the involvement of the Office in Mr. Yebei’s tragic demise.  The Office of the Prosecutor wishes to categorically state that any suggestion that the Office of the Prosecutor was involved in Mr. Yebei’s alleged abduction and murder is both outrageous and utterly false.  Nothing could be further from the truth. To avoid any doubt, the Prosecution wishes to clarify the public record regarding Mr. Yebei’s status in the context of the Prosecutor’s case against Messrs. Ruto and Sang.  During the course of the Prosecution’s investigations, the Office of the Prosecutor contacted numerous individuals in Kenya, including Mr. Yebei.  However, Mr. Yebei was ultimately not included on the Prosecution’s list of trial witnesses due to, amongst other reasons, information indicating that Mr. Yebei was deeply implicated in the scheme to corrupt Prosecution witnesses in the case against Mr. Ruto and Mr. Sang. Prosecution witnesses in this case have been under siege.  The Office of the Prosecutor has identified a network of individuals who have been working together to sabotage the Prosecution’s case against Messrs. Ruto and Sang, by using bribes and/or threats to either dissuade witnesses from testifying in this case or influence Prosecution witnesses to recant their testimony. In this context, on 2 August 2013, Pre-Trial Chamber II of the ICC issued an arrest warrant for Mr. Walter Osapiri Barasa on charges of interfering with ICC witnesses, contrary to Article 70(1)(c) of the Rome Statute.  The surrender of Mr. Barasa to the ICC remains outstanding. The Office of the Prosecutor continues to monitor and investigate other incidents of witness interference.  Investigations and prosecutions before the International Criminal Court can stand or fall on the willingness of witnesses to come forward and present their evidence in the courtroom.  The Office of the Prosecutor will continue to do everything in its power to ensure that witnesses are able to present their evidence before the Court without fear.

By Roy Lie A Tjam. By reciting the Portuguese Jewish philosopher Spinoza’s Ultimi barbarorum, Mayor of The Hague, Mr Jozias van Aartsen opened the manifestation to mark the terrible events that took place in Paris yesterday. Thousands of citizens, including ambassadors, diplomats and the wider international community, responded to the invitation by the city’s corporation and headed to the Plein in downtown The Hague to attend the solemn ”Je suis Charlie”manifestation. In addition to Mayor Van Aartsen, the journalist Lex Oomkes and Xavier Rey of the Embassy of France delivered an address. The event was concluded by a short march from Plein to the City Hall. Bouquets of flowers were placed in front of the city’s press centre Nieuwspoort en route.

By Nicolas Boeglin, Professor of International Law, Law Faculty, University of Costa Rica. Last January 6, United Nations Secretary General issued a note indicating that ICC’s Rome Statute will enter into force as to the State of Palestine on April 1, 2015 (see official note of Secretary General acting as depositary of Rome Statute). On 7 January 2015, the President of the Assembly of States Parties to the Rome Statute welcomed the deposit by Palestine of the instruments of accession to the Rome Statute of the ICC as well as the agreement on the Privileges and Immunities of the International Criminal Court (APIC) (see official ICC press release). On the very same day, ICC Registar sent a letter to Palestine authorities (see letter) confirming the reception of a declaration made pursuant article 12(3) of Rome Statute: “Excellency, I hereby confirm receipt, on 1 January 2015, of your 31 December 2014 “Declaration Accepting the Jurisdiction of the International Criminal Court” which was lodged with me pursuant to article 12(3) of the Rome Statute, and in which you state that “the Government of the State of Palestine recognizes the jurisdiction of the Court for the purpose of identifying, prosecuting and judging authors and accomplices of crimes within the jurisdiction of the Court committed in the occupied Palestinian territory, including East Jerusalem, since 13 June 2014.” Pursuant to Rule 4(2) of the Rules of Procedure and Evidence, a declaration under article 12(3) of the Rome Statute has the effect of the acceptance of jurisdiction with respect to the crimes referred to in article 5 of the Statute of relevance to the situation, as well as the application of the provisions of Part 9 of the Statute and any rules thereunder concerning to States Parties. I hereby accept the declaration and I have transmited it to the Prosecutor for her consideration. This acceptance is without prejudice to any prosecutorial or judicial determinations on this matter“. In August 2014, ICC Prosecutor Fatou Bensouda explained in an article published in The Guardian her position with respect to the lack of jurisdiction of ICC on crimes committed in Gaza (see article). It must be recalled that on January 21, 2009, Palestine sent a similar declaration to ICC: « the Government of Palestine recognizes the jurisdiction of the Court for the purpose of identifying, prosecuting and judging the authors and accomplices of acts committed on the territory of Palestine since July 2002 ».  A selected group of experts in international law considered in 2010 that this declaration made in 2009 allowed ICC to exercise his jurisdiction on Gaza situation (see collective document  entitled: “Les effets de la reconnaissance par la Palestine de la compétence de la CPI”). In addition to the 1998 Rome Statute and the declaration made, there are other relevant international treaties to which Palestine is becoming State Party since Dec.31, 2014. The complete list of treaties that Palestine has acceded is the following: 1. Convention on the Political Rights of Women 2. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the ‘New York Convention’) 3. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 4. Convention on Biological Diversity and the Cartagena Protocol on Biosafety to the Convention on Biological Diversity 5. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) 6. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III) 7. Convention on the Law of the Non-Navigational Uses of International Watercourses 8. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 9. United Nations Convention against Transnational Organized Crime 10. Convention on the Safety of United Nations and Associated Personnel and the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel 11. United Nations Convention on the Law of the Sea 12. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity 13. Agreement on the Privileges and Immunities of the International Criminal Court 14. Rome Statute of the International Criminal Court 15. Declaration in accordance with the Rome Statute of the International Criminal Court 16. The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons 17. The Treaty on the Non-Proliferation of Nuclear Weapons 18. Convention on Cluster Munitions (Source: UNISPAL note reproducing the letter of President M. Abbas of Dec 31, 2014). Concerning UN Convention of 1997 on International Watercourses, a recent note in a specialized site on international water regulations indicated that: “In addition, with Palestine’s accession to the Convention, Israel is now the only state in the Jordan River Basin to not have joined the treaty. Jordan, Lebanon, and Syria – all riparians to the Jordan River Basin – became Parties to the Convention in 1999, 1999, and 1998, respectively“.        

On 7 January 2015, the President of the Assembly of States Parties to the Rome Statute (“the Assembly”), Minister Sidiki Kaba welcomed the deposit by the State of Palestine of the instruments of accession to the Rome Statute of the International Criminal Court and to the Agreement on the Privileges and Immunities of the International Criminal Court (APIC), which were notified on 6 January 2015 by the Secretary-General of the United Nations acting in his capacity as depositary. The deposit of the instruments of accession by the State of Palestine, effected on 2 January 2015,  brings to one hundred twenty-three (123) the number of States Parties to the Rome Statute, and to seventy-four (74) the number of States Parties to the APIC. Recalling the common resolve of the States Parties to work towards achieving universality and full implementation of the Statute, President Kaba stated: “Each ratification of the Rome Statute constitutes welcome progress towards its universality. I call on all members of the United Nations to join this permanent and independent system of international justice to fight against impunity and prevent the most serious crimes under international law, which is based on the principle of complementarity with domestic jurisdictions.” On a related development, the Government of Palestine accepted, by means of a declaration under article 12(3) of the Rome Statute, the ICC jurisdiction since 13 June 2014. On 7 January 2015, the ICC Registrar addressed a letter to the government of Palestine accepting this declaration and transmitted it to the Prosecutor for her consideration.  

ICC deeply concerned with reported death of Mr Meshack Yebei; stands ready to assist Kenyan investigations. The International Criminal Court (ICC) expresses its deep regret at the reported abduction and violent death of Mr Meshack Yebei. Mr Yebei was allegedly abducted on 28 December 2014 and found dead on 2 January 2015. Mr Yebei was not on the Prosecution witness list nor was he in contact with Prosecution staff at the time of his abduction. “While local authorities are conducting further examination, the family of Mr Yebei has confirmed the identity of his body. We express our profound condolences to the family”, stated Herman von Hebel, ICC Registrar. “The Court is profoundly concerned by this grave reported incident. It stands ready to provide the local authorities with any assistance, if required, in their investigations. Ensuring the safety and security of witnesses is a cornerstone of fair trials”, he added. While the ICC Registry had offered Mr Yebei security measures, including a safe residency in a new location, he returned to Eldoret where the incident reportedly took place. The ICC Registry is in contact with Kenyan authorities, seeking further information on the investigative steps taken at the national level. The ICC remains strongly committed to the safety, security and well-being of all witnesses and relies on cooperation from States parties for the adequate protection of witnesses. Currently, more than 650 witnesses, victims and families’ members are provided with protective measures by the Court.    

On 1 January 2015, the Registrar of the International Criminal Court (ICC), Herman von Hebel, received a document lodged, under article 12(3) of the ICC Rome Statute, by the Palestinian government declaring Palestine’s acceptance of the jurisdiction of the ICC since 13 June 2014. Acceptance of the ICC’s jurisdiction differs from an act of accession to the Rome Statute, the Court’s founding treaty. The United Nations (UN) Secretary General acts as the depositary of the Rome Statute. On 2 January 2015, Palestine transmitted to the United Nations documents relating to its accession to the Rome Statute as well as other treaties. The UN is reviewing these documents. The ICC is an independent, permanent court that tries individuals accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity and war crimes. Acceptance of the ICC’s jurisdiction does not automatically trigger an investigation. It is for the ICC Prosecutor to establish whether the Rome Statute criteria for opening an investigation are met and, where required, to request authorisation from ICC Judges.   Palestinian declaration under article 12(3) of the Rome Statute