ICC Prosecutor appeals judges’ ruling on Ruto’s presence at trial: On 24 June 2013, ICC Prosecutor Fatou Bensouda appealed ICC judges’ decision to excuse Kenyan Deputy-President from being continuously physically present at trial. Bensouda said Ruto’s absence affect the fairness of the trial. Ruto is charged with crimes against humanity relating to the 2007-2008 post-election violence in Kenya. Bensouda noted that other ICC accused have not received permission to attend hearings via video link. Bensouda also warned that there is a chance that after trial the ICC appeals chamber could nullify the entire trial proceedings due to Ruto’s absence.
ICC initiates an external review of alleged sexual assaults: On 20 June 2013, the ICC announced that an external review had been commissioned to investigate a former staff member assaulted four individuals in the victims and witness protection program in the DRC. An initial inquiry confirmed the seriousness of the allegations. The review, which will be conducted by four specialists, will review the incidents in question, the ICC’s response to the incidents, and the victims and witness protection program in general.
Letter by ICTY judge accuses the ICTY of being manipulated: On 19 June 2013, critics stated that a leaked letter written by a Danish ICTY judge Frederik Harhoff allege that political pressure may have caused top suspects to be acquitted recently. Wikileaks has said that cables confirm that president of the ICTY Theodor Meron had pressured judges to acquit lead Croatian and Serbian officials. Wikileaks claims that Meron’s correspondence with the United States show external influences. The recent acquittals may shield the United States and other nations from liability for aiding and abetting international crimes. (For additional information on the topic click here)
ICTY defendant files motion for review challenging impartiality: On 21 June 2013, ICTY defense attorneys filed a motion for review for the September 2008 conviction of Rasim Delić for war crimes. The motion was made in light of ICTY judge Frederik Harhoff’s claim that the ICTY had been manipulated by outside sources—under Article 26 of the ICTY Statute, a party may file a motion for review if new fact is discovered that would have been a decisive factor in a decision. Delić’s attorneys argue that Harhoff’s pro-prosecution position revealed in the letter diminishes his partiality. Delić died in 2010, but the attorneys argue that the defendant’s death has no bearing on the establishment of review proceedings.
