Procedural Developments at the International Criminal Court (2013)

in The Law & Practice of International Courts and Tribunals
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The present column covers some selected procedural developments at the International Criminal Court (“icc”) in 2013. During the reporting period, the caseload of the Court continued to increase and the Court delivered numerous decisions. Some of these decisions have contributed to clarifying certain aspects of the proceedings before the Court. In 2013, the Court also had to face criticism from some African States and the African Union.

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Shortly after, on 16 December 2013, the Defence team for Mr Ruto filed a request to excuse him from attendance at trial: tcv(a), Prosecutor v. Ruto and Sang, Defence Request pursuant to Article 63(1) of the Rome Statute and Rule 134 quater of the rpe to excuse Mr William Samoei Ruto from attendance at trial, 16 December 2013, icc-01/09-01/11-1124.

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Nicolas Haupais, “Article 12”, in J. Fernandez and X. Pacreau (eds.), Statut de Rome de la Cour pénale internationale, Commentaire article par article, I (2012), 596.

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On 15 November 2013, the Security Council held a vote on the draft Resolution (S/2013/660) presented by several African countries requesting the postponement by one year of the trials for crimes against humanity of President Kenyatta and his deputy. The draft Resolution received 7 votes in favour and 8 abstentions (all the States Parties to the Rome Statute and the United States of America). It was not adopted, 9 votes being required for an adoption. See s/pv.7060.

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On 3 June 2013, Trial Chamber v(a) set trial opening for 10 September 2013: tcv(a), Prosecutor v. William Samoei Ruto and Joshua Arap Sang, Decision on prosecution requests to add witnesses and evidence and defence requests to reschedule the trial start date, 3 June 2013, icc-01/09-01/11-762.

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Similarly, on 23 September 2013, Mr Kenyatta requested not to be continuously present at his trial, and pointed out that the Video Link application had thus been superseded: tcv(b), Prosecutor v. Uhuru Muigai Kenyatta, Defence Request for Conditional Excusal from Continuous Presence at Trial, 23 September 2013, icc-01/09-02/11-809, para. 2.

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