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Kenyan violence called crimes against humanity

International Criminal Court prosecutor asks for investigation

Last Updated: Thursday, November 5, 2009 | 1:06 PM ET

The prosecutor for the International Criminal Court Luis Moreno Ocampo, left, Kenyan President Mwai Kibak, centre, and Prime Minister Raila Odinga meet at the office of the president in Nairobi on Thursday. The prosecutor for the International Criminal Court Luis Moreno Ocampo, left, Kenyan President Mwai Kibak, centre, and Prime Minister Raila Odinga meet at the office of the president in Nairobi on Thursday. (Karel Prinsloo/Associated Press)

The prosecutor for the International Criminal Court said Thursday he believes crimes against humanity were committed during Kenya's 2007 post-election violence.

Luis Moreno Ocampo said he will ask a pre-trial chamber in December to allow him to formally open an investigation into violence between December 2007 and February 2008 in which more than 1,000 people were killed after the contentious presidential election.

Moreno Ocampo spoke to journalists in Nairobi after meeting with the African country's President Mwai Kibaki and Prime Minister Raila Odinga.

"I consider the conflict in Kenya a crime against humanity and I consider, therefore, the gravity is there, and so therefore I should proceed," Moreno Ocampo said.

Kibaki and Odinga said at the news conference that Kenya will work with the ICC to make sure justice is done.

The two leaders signed a power-sharing deal last year to end the violence.

"The government remains fully committed to discharge its primary responsibility in accordance with the Rome Statute to establish a local judicial mechanism to deal with the perpetrators of the post-election violence," said Kibaki.

Moreno Ocampo's office has been evaluating whether the Kenyan violence constituted crimes against humanity since January 2008.

In July, the former United Nations chief Kofi Annan, who mediated an end to the violence, sent Moreno Ocampo a sealed envelope with the names of suspected ringleaders.

An independent commission that investigated the post-election violence came up with the names and chose to keep them secret, saying they are powerful individuals who could interfere with future investigations.

The commissioners placed the names in an envelope and gave it to Annan along with supporting evidence.

The commission had recommended to the government that it form an independent tribunal with Kenyan and foreign judges to try the suspects, arguing that Kenyan courts are not credible.

Failing that, it recommended the ICC take over the cases.

Both suggestions won wide local and international support.

The government has so far failed to form an independent tribunal, drawing criticism from ordinary Kenyans and diplomats.

Rival campaigns disputed results

The violence came after rival campaigns disputed the results of the December 2007 presidential election.

Several human rights bodies blamed businessmen and politicians in the current administration for orchestrating the violence, which was the worst since Kenya gained independence from Britain in 1963.

The clashes severely damaged Kenya's reputation. The region's largest economy had long been regarded as a haven of stability in a region roiled by brutal civil wars.

With files from The Associated Press
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