8 Witnesses Compelled To Appear In ICC

According to the Prosecution, those eight witnesses are now no longer cooperating or have informed the Prosecution that they are no longer willing to testify.

Before rendering the decision, the Chamber received written and oral observations from the Defence counsel, the legal representative of victims, and the Attorney-General of Kenya.

In the chambers decision, by majority, they decided to grant the request to compel the attendance of the witnesses.

The Chamber considered that the decision was amply supported by both general international law and the provisions of the Rome Statute, to the effect that the Rome Statute States Parties did not intend to create an ICC that is ‘in terms a substance, in truth a phantom’.

Rather, they must be presumed to have created a court with every necessary competence, power, ability and capability to exercise its functions and fulfil its mandate in an effective way.

These include the power to subpoena (compel) witnesses.

In that connection, the Chamber found that there is unity among international law, the Rome Statute, the Constitution of Kenya and the laws of Kenya concerning its dealings with the ICC.

In the result, the Chamber found that the Government of Kenya has an obligation to cooperate fully with the Court: by serving the subpoenas to the witnesses and by assisting in compelling their attendance before the Chamber, by the use of compulsory measures as necessary.

By Beth Nyaga