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ICC to reconsider Kenyan ruling for 'crimes against humanity'

An appeals court said Kenya obstructed investigation of ethnic violence in 2007.

By Ed Adamczyk
ICC to reconsider Kenyan ruling for 'crimes against humanity'
Uhuru Kenyatta, President of Kenya, was cleared of charges of crimes against humanity, but the International Criminal Court seeks more information on whether Kenya cooperated fully with investigations. File Photo by UPI/UN Photo/Cia Pak

THE HAGUE, Netherlands, Aug. 19 (UPI) -- The International Criminal Court will revisit whether Kenya has cooperated in attempts to prosecute crimes against humanity in the country, the court said Wednesday.

In December, a three-judge ICC panel rejected arguments by prosecutors claiming Kenya was in violation of its international obligations in attempting to try President Uhuru Kenyatta and other leaders as "indirect co-perpetrators" of ethnic violence and police reprisals following a 2007 election in which about 1,300 people were killed. Kenyatta was accused of murder, rape and other crimes against humanity.

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After an appeal of the decision, Judge Silvia Fernandez de Gurmendi said trial judges failed to determine if Kenya had exhausted its judicial opportunities in dealing with the case. Although charges against Kenyatta have been dropped, with ICC prosecutors claiming their research was obstructed and witnesses were not protected from intimidation, the Kenyan government remains required to submit documentation and other assistance to the court in The Hague, she added.

Charges remain pending against William Ruto, Kenya's deputy president, as well as two Kenyan journalists, Johua Arap Sang and Walter Osapiri Barasa.

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