9 August 2015 – [On] 7 August 2015, the Appeals Chamber of the International Criminal Court (ICC) issued an order scheduling a public hearing on 19 August 2015 at 10:00 (the Hague local time) to deliver its decision on the Prosecution’s appeal against Trial Chamber V(B)’s decision, dated 3 December 2014. Trial Chamber V(B) had declined to refer to the Assembly of States Parties the matter in relation to non-compliance of the Kenyan Government with its obligations under the Rome Statute in the case of The Prosecutor vs. Uhuru Muigai Kenyatta.
Scheduling Order for the judgment on the Prosecutor’s appeal against the “Decision on Prosecution’s application for a finding of non-compliance under Article 87(7) of the Statute” of Trial Chamber V(B)
Background: On 29 November 2013, the Prosecution filed an application for a finding of non-cooperation against the Kenyan Government, alleging that the Government had failed to comply with a request to produce financial and other records relating to Mr Kenyatta. After considering the submissions of the parties and participants on this issue, Trial Chamber V(B) issued a decision, on 3 December 2014, rejecting the application for referral of the matter to the Assembly of States Parties. Despite having expressed strong concerns regarding the approach of the Kenyan Government, the Trial Chamber was not persuaded that a referral would facilitate a fair trial, was in the interests of justice, or was otherwise appropriate in the particular circumstance. With the authorisation of that Chamber, the Prosecutor appealed this decision on 20 March 2015.
Mr Kenyatta was charged, as an indirect co-perpetrator, with five counts of crimes against humanity allegedly committed during the post-election violence in Kenya in 2007-2008. Charges were confirmed on 23 January 2012, and the case was committed to trial before Trial Chamber V(B). On 13 March 2015, Trial Chamber V(B) decided to terminate the proceedings in this case and to vacate the summons to appear against him, noting the Prosecution’s withdrawal of charges against Mr Kenyatta. The Chamber also stressed that, although the proceedings shall be terminated, the Court retains jurisdiction over any interference with a witness or with the collection of evidence, and that the protective measures ordered for witnesses and/or victims shall continue, subject to the review by the ICC.
Attending the hearing
- Journalists wishing to cover the hearing are kindly invited to request attendance via email to: PublicAffairs.Unit@icc-cpi.int. All journalists must present a valid press card at the public entrance of the Court, located at Regulusweg (The Hague).
- Members of the diplomatic corps, NGOs and other members of the public wishing to attend the hearing are kindly invited to request attendance via email to: ICCVisits@icc-cpi.int. Attendees must present a valid passport or valid ID with a photo at the public entrance of the Court, located at Regulusweg (The Hague).
Please note that individuals who do not receive a confirmation in advance cannot be guaranteed access to the hearing.
Filming or photography is strictly prohibited inside the Court building. However pictures of the hearing will be posted on the Court’s Flickr account.
Audio-visual materials will be available for download on an FTP server in video (MPEG-4) and audio (MPEG-3) format after the hearing and for viewing on the official ICC YouTube Channel.
For media representatives wishing to use the Court’s media facilities, the media centre will open from 08:30 until two hours after the end of the hearing.
The area can sit up to 64 people and includes plasma TV screens; a Wi-Fi internet service; cards (plug + play) for those without Wi-Fi capability in their PC or laptop; 6 computers with internet access; 7 telephones that may be used free of charge for internal calls. For external calls, journalists are advised to purchase 0800 pre-paid phone cards beforehand. Such cards are available at newsagents and train stations. Please note that phone cards cannot be obtained in the vicinity of, or at, the ICC.
Parking facilities are available for media representatives at the Regulusweg and Wegastraat car-parks.
SNG trucks are not allowed to park alongside the ICC building, but should go to the car park located at the intersection of Regulusweg and Wegastraat.
For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: email@example.com.