Date: 8 March 2011
PRE-TRIAL CHAMBER II
Before: Judge Ekaterina Trendafilova. Presiding Judge
Judge Hans-Peter Kaul
Judge Cuno Tarfusser
SITUATION IN THE REPUBLIC OF KENYA
IN THE CASE OF THE PROSECUTOR V. WILLIAM SAMOEIRUTO, HENRY KIPRONO KOSGEY AND JOSHUA ARAP SANG
Public Document
PRE-TRIAL CHAMBER II (the "Chamber") of the International Criminal Court (the "Court") renders this decision on the "Prosecutor's Application Pursuant to Article 58 as to William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang" (the "Application").
1. On 31 March 2010, the Chamber issued its decision, in which it granted, by majority, the Prosecutor's request to commence an investigation in the situation in the Republic of Kenya for crimes against humanity to the extent specified in the operative part of the said decision (the "31 March 2010 Decision").
2. On 15 December 2010, the Prosecutor submitted the Application requesting the Chamber to:
a) Find that there are reasonable grounds to believe that WILLIAM SAMOEIRUTO, HENRY KIPRONO KOSGEY and JOSHUA ARAP SANG committed crimes within the jurisdiction of the International Criminal Court and find that the issuance of summonses to appear is appropriate;
b) Issue summonses to appear for WILLIAM SAMOEIRUTO, HENRY KIP RONO KOSGEY and JOSHUA ARAP SANG; and
c) Direct the Registry, in consultation and coordination with the Prosecution, to prepare and transmit a request for summonses to appear for WILLIAM SAMOEIRUTO, HENRY KIP RONO KOSGEY and JOSHUA ARAP SANG.
3. The Prosecutor also requested that the Chamber issue the summonses to appear for the three persons subject to a number of conditions outlined in paragraph 219 of the Application.
4. On 16 February 2011, the Chamber requested the Prosecutor to submit all witnesses' statements which he relies on for the purposes of his Application under article 58 of the Rome Statute (the "Statute"), no later than 23 February 2011 (the "16 February 2011 Decision").
5. On 23 February 2011, the Chamber received the witnesses' statements as requested in its 16 February 2011 Decision.
6. For the sake of ruling on the Prosecutor's Application, the Chamber shall examine in a chronological order the following elements: (i) jurisdiction and admissibility; (ii) whether there are reasonable grounds to believe that one or more crimes outlined in the Prosecutor's Application has been committed; (iii) whether there are reasonable grounds to believe that William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang ("Ruto", "Kosgey" and "Sang" respectively) are criminally responsible for the crimes presented in the Prosecutor's Application; and (iv) whether the requirements to issue summonses to appear for Ruto, Kosgey and Sang have been met.
