McReggae wrote:What does it take to change the venue:
One, when the ICC speaks of moving the venue of the trials, theyre not talking about giving up the cases to either kenya or tanzania. Theyre talking about icc judges and prosecutors coming to one of these countries to conduct the trials from there.
Two, this is a proposal that was made by one of the defence teams, so ths court must, according to law, seek the views of these states. The trial chamber is the one that sought those views. Once they receive the views, they will decide WHETHER TO RECOMMEND such a move to the ICC presidency. They dont have to.
Three, even if they recommend, the presidency will still have to seek the views of the trial chamber itself.
Four, the presidency must then put the issue to a vote. All 18 judges must vote on it, and 12 must vote yes. So, you see that theres no way the venue will be changed any time soon. The court is not saying it wants to move the venue. It is complying with the law which says once the issue is raised it must seek the views of all those participants.
Pls read through the intelligence: The International Criminal Court is has sought legal and logistical analysis on moving the cases against four Kenyans accused of crimes against humanity to Arusha.
ICC Chief prosecutor Fatou Bensouda has conceded that
key prosecution witnesses have been expended further complicating her case against the Kenyans. This makes it very important for the ICC to sit somewhere near Kenya so that investigations and opportunities can be made of use to strengthen her case.
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Intelligence gathered by Strategic Intelligence confirms that the ICC is worried it will prosecute a sitting president in Kenya besides a
possibility of the prosecutor losing the case due to shoddy investigations by the former prosecutor.
ICC believes there is every reason to believe the two suspects,
Uhuru Kenyatta and William Ruto will win the 2013 election and this poses a significant logistical problem to the court.
Kenya’s national security besides Kenya’s exit from a third world country to a rapidly developing country cannot allow
external threats to affect its economic growth, a factor that many analysts believe motivates most financiers of the ICC.@McDobba, well said, lakini the info from the intel site is just that intelligence. Please take note of the prosecutor's reservation on quality of investigations done by her predecessor one Moreno O.
Two the justification on logistical factors is also very viable and hence it seems that even with the voting, the vote has to be informed by reasons.
Three, in case of a Bilee win, vested interests (Western) will come to play and most likely this might be a very likely scenario beside, the duo may be acquitted, me thinks something is cooking............