ICC told to dismiss Uhuru, Ali plea
19 October 2011, 15:27
Hague - Luis Moreno-Ocampo, International Criminal Court prosecutor and Morris Anyah, victim’s lawyer have asked ICC judges to dismiss the challenge on jurisdiction lodged by Deputy Prime Minister Uhuru Kenyatta and post-master general Maj Gen Hussein Ali in Kenya’s second post-election violence case.
Ocampo and Anyah told the Pre-Trial Chamber II that Kenyatta and Ali erroneously applied the law when they presented their challenges at the beginning of their Confirmation of Charges Hearings, reports Daily Nation.
In his first submission in the case since the end of the hearings on October 5, the prosecutor said that whether the evidence establishes the predicate elements of the crime, including, as here, the element of an organisational policy to commit attacks against the civilian population, is a sufficiency issue, not a jurisdictional one.
Anyah argues that the defence may seek to challenge the specificity of the Document Containing the Charges on this basis, but it does not undermine the basis for asserting jurisdiction. He added that according to the prosecution evidence, there was an attack against a civilian population committed in furtherance of an organisational policy of the Mungiki.
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