ICC Lawyers Call for Tribunal - Law Student Internships Possibly Available

ICC lawyers call for local tribunal By Kipchumba Some

An international lawyer representing former Liberian President Charles Taylor at The Hague and a prosecutor at the same court have requested the Government to form a local tribunal to try suspects of post-election violence.  Courtenay Griffiths, who is defending the Taylor on charges of war crimes, and Sir Desmond De Silva, chief prosecutor against the former president, said it would be more productive if Kenya domesticated the process.  “It is very important that the local people follow the proceedings close at home. I think it is easier when it is done here than thousands of miles away,” Sir Desmond said.  His sentiments were echoed by Griffiths who said “the greatest drawback of the international courts is the lengthy of time they take to completion. A hybrid kind of forum will garner broader local support, too.”

Both are in the country to give a series of lectures on international law on the invitation of the Law Society of Kenya. Paul Mylvaganam, a barrister in the UK, accompanied them.  “Not all lawyers have the skills and experiences of the ICC and we thought it might be appropriate that we share what we know with our colleagues here,” said Sir Desmond.
 
ICC Chief Prosecutor Luis Moreno-Ocampo has written to three unnamed Cabinet ministers to appear separately before the court’s detectives over the 2007 post-poll mayhem. This is believed to be one of the last stages before he indicts and issues warrants of arrest. He has indicated that he will be indicting three to six prominent politicians and security officials.  But even then, Desmond and Griffiths argued the process of trying the suspects be localised. They argued that logistically, a domesticated process would shorten the time for trials and judgement.

Three years to prosecute  
“An international process would involve transporting them from here and then setting up facilities for their trialÉ it all takes a very long time,” said Desmond, citing Taylor’s case, which has so far taken three years to prosecute. Desmond represented Prime Minister Raila Odinga in his treason case in the 1980s. Apart from Taylor, Griffiths has also represented high profile clients in the UK.
 
Government attempts to set up a local tribunal have been thwarted by Parliament which voted overwhelmingly for suspects to be tried at the ICC. They, at the same time, berated the Kenya Government for allowing Sudan’s President Omar El Bashir to visit during the promulgation of the new Constitution on August 27.
“Apart from breaking an international law it is a signatory to, the Government clearly undermined the mandate of ICC. Countries must learn to co-operate with the ICC,” said Griffiths. They said they are willing to meet Government officials, interested politicians, and relevant parliamentary groups to offer their advice.
 
“The advantages of it are obviously a lot more. Judges at the international court do not appreciate the cultural contexts under which these crimes happened. A court with local judges will greatly enhance the legitimacy of the outcome,” said Griffiths. They said time has not run out for Kenya to form a local tribunal which can be internationalized by bringing in international judges , prosecutors and monitors. They at the same time berated the Kenya government for allowing Sudan’s President Omar El Bashir to visit during the promulgation ceremony on August 27.

Available opportunities  
The three lawyers will also meet law students from University of Nairobi. They will also inform law students of internship opportunities available at the ICC.  They said they are willing to meet Government officials, interested politicians and relevant parliamentary groups to offer their advice. They leave the country on Tuesday.