The ICC Prosecutor, Luis Moreno Ocampo (left), is has announced developments with respect to two new situations in Africa.1. Kenya
As we blogged before, the post-election violence in Kenya in 2007-8—which led to the deaths of 1,300 people and displaced 300,000 more—has been the subject of international scrutiny. A Commission if Inquiry, headed by Justice Phillip Waki, recommended the establishment of a special tribunal to prosecute individuals responsible for the violence and 
generated a list of suspects that allegedly includes cabinet ministers, MPs, and businessmen.
generated a list of suspects that allegedly includes cabinet ministers, MPs, and businessmen. Ocampo (right, meeting with Kenyan officials) had indicated that if Kenya did not go forward with such a tribunal, he would seek authorization to open a formal investigation from the Pre-Trial Chamber. This has now come to pass. On November 7, 2009, Pre-Trial Chamber II was re-constituted to accept Ocampo’s filing, which will likely be made in early December, and consider whether to authorize an investigation pursuant to Article 15(4). This would be the first Article 15 proprio motu investigation by the Prosecutor. The Kenyan press has reported that the Government may seek to forestall an ICC investigation by establishing the proposed special tribunal to try suspects in Kenya through a bill originally introduced by human rights activist and Imenti Central MP Gitobu Imanyara (the Constitution of Kenya (Amendment) Bill, 2009).
The Press Release issued by Ocampo is available here.
2. Guinea The Prosecutor also recently announced that he was opening a preliminary investigation into violence across the African continent in Guinea (map left), which joined the ICC in 2003. Over 150 people were reportedly killed when members of the military attacked anti-government protests in the capital of Conakry in September 2009 (photo right, credit). At the time, over 50,000 people were protesting the decision by Presiden
t Moussa Dadis Camara, who assumed power in a military coup, to run in the next election. The attacks included acts of sexual violence.
t Moussa Dadis Camara, who assumed power in a military coup, to run in the next election. The attacks included acts of sexual violence. Human Rights Watch has reported that the massacre was premeditated by the Presidential Guard; the government has claimed any injuries were the accidental result of a stampede.
