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ICC trial may move

Mark Caldwell/ Reuters/AFPJune 4, 2013

Judges at the International Criminal Court have said they may hear the case of one of Kenya's leaders in his own or a neighboring country. The announcment has raised fears of interference in witness testimonies.

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NAIROBI, Kenya - Photo shows Kenyan Deputy President William Ruto in Nairobi in March 2013. Ruto, facing charges of crimes against humanity, will visit Japan to attend an international conference on development in Africa, Japanese government and other sources said May 27. (Kyodo)
Image: picture alliance / Kyodo

The judges were responding to requests from lawyers for Kenya's deputy president, William Ruto, who said it would be "in the interests of justice" for the politician's trial to be held closer to home.

Though no final decision has been taken, the ICC judges said holding parts of the trial in Kenya, or Tanzania, where a UN court is trying alleged perpetrators of the Rwandan genocide, would bring it closer to victims and affected communities.

Both Ruto and Kenyan President Uhuru Kenyatta - elected on a joint ticket in March - face charges of orchestrating violence after the previous election, five years ago, in which 1,200 people died.

Kenya's President Uhuru Kenyatta (R) receives a special sword representing the instruments of his power and authority from his predecessor Mwai Kibaki (L) after his official swearing-in ceremony at Kasarani Stadium in the capital Nairobi, April 9, 2013. Kenyatta took the oath of office as Kenyan president on Tuesday, presenting Western states with the challenge of how to deal with a leader indicted by the International Criminal Court (ICC). REUTERS/Thomas Mukoya (KENYA - Tags: SOCIETY POLITICS ELECTIONS)
Uhuru Kenyatta was sworn in as Kenya's new president on April 9Image: Reuters

Ruto has said he would attend hearings in The Hague if ordered to do so, but has also asked to participate by video link.

Victims' concerns

Prosecutors have warned that moving the trial to Kenya could make it harder to provide protection for witnesses who, they say, have been threatened into withdrawing their testimonies.

Stella Ndirangu, a lawyer representing victims and people who were displaced by the 2007/2008 post-election violence, told DW that the victims were worried about their security.

"Some of them are saying they wouldn't be able to testify if the cases were heard close to home because the likelihood of interference is higher," she said.

The trial would still be conducted by the ICC, regardless of where it was held. Kenyatta's lawyers have submitted a similar request to relocate the trial.

Starting date delayed

Judges also ruled that the trial of Ruto and his co-accused, broadcaster Joshua Arap Sang, would start on September 10, rather than the original start date of May 28, which was nullified last month, accepting defense requests for more time to prepare their cases.

People flee to safety under police guard during ethnic clashes in Naivasha, some 100 kilometers (62 miles) from Nairobi, Kenya, Sunday, Jan. 27, 2008. Gangs armed with machetes and bows and arrows burned and hacked to death members of a rival tribe in western Kenya Sunday, as the death toll from the latest explosion of violence over disputed presidential elections rose to at least 69. Houses were blazing in the center of Naivasha, a tourist gateway. (AP Photo/Karel Prinsloo)***Zu Dohrenbusch, Keine Entspannung der Lage in Sicht - Kenianischer Oppositionspolitiker in Nairobi erschossen***
Hundreds of thousands were displaced by the 2007/2008 post-election violence in KenyaImage: AP

Kenyatta's is a separate case, currently scheduled to start in July, though his defence has requested a delay which judges are considering. All men deny the charges.

Leaders at an African Union summit in Addis Ababa last week urged the ICC to refer the cases to Kenyan courts.

Ethiopian President Hailemariam Desalegn accused the court of racial bias and of targeting Africans for prosecution, an allegation the court has always rejected.