RELEASE OF OCAMPO SIX

The release  of the names of the six accused in the investigation of the 2007/2008 post-election violence in Kenya marked a milestone in international justice. Speaking at a press conference in The Hague on Wednesday, Mr Ocampo summoned six top politicians and political figures, including members of both parties in Kenya’s power-sharing government. The accused are among the highest echelons of power in Kenya, with the son of the nation’s founding President Jomo Kenyatta among the named. In a list that sees not just politicians called before the court, a prominent radio journalist and former Police Chief have also been summoned.
The announcement follows the formal request by Chief Prosecutor Moreno Ocampo to the ICC judges in November 2009 for permission to open an investigation into the violence, which saw 1,200 people killed and over 500,000 displaced. In a first for the Court, the Prosecutor used his Proprio Motu powers, which allow him to open an investigation without the self-referral of a state party or under instruction from the UN Security Council. Two of the three judges approved Mr Ocampo’s request and the Office of the Prosecutor began its formal investigation in May.
In a move regarded by observers as a way of sparing the Kenyan government the uneasy task of arresting some of its own MPs, the Prosecutor has not requested arrest warrants at this stage. Rather, the six accused are asked to present themselves to the Court voluntarily, Mr Ocampo saying that they are being given an “opportunity to lead.” If the named men do not present themselves, however, or fail to comply with the conditions of their summons, Mr Ocampo has expressed that arrest warrants will be requested.
Civil society in Kenya will now be moving into overdrive to put pressure on the Kenyan government and the accused to cooperate fully with the Court. And the blogosphere has been quick to voice its concerns. The recent visit to Kenya by Sudanese President Omar Al-Bashir was seen as a sign of the government’s unwillingness to comply with its obligations as a member of the ICC. Njonjo Mue, the head of International Center for Transitional Justice’s Kenya office has warned that “Parliament must not allow itself to become captive to political forces bent on entrenching impunity”. But international justice is being heavily challenged in Kenya; immediately following Wednesday’s announcement there have been calls in Parliament for a vote to repeal the Rome Statute and withdraw Kenya from the ICC.
But with upcoming elections in 2012, and the watchful eye of the international community and foreign investors, the government must tread carefully. After all, an overwhelming eighty-five percent of Kenyans support the ICC’s presence there.
“Ocampo’s Six”
William Ruto – Suspended Minister for Higher Education and MP for Eldoret North
Joshua Arap Sang – Prominent Radio Journalist
Henry Kosgey – Minister for Industrialisation
Francis Kirimi Muthaura – Secretary to the Cabinet
Mohammed Hussein Ali – Former Police Chief
Uhuru Kenyatta – Deputy Prime Minister