[fblike]

Follow us on facebook

Justice Hub
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
No Result
View All Result
Justice Hub
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
No Result
View All Result
Justice Hub
No Result
View All Result
Home My Justice

Former ICTY Judge : Victims in the Kenyan ICC cases got a raw deal

February 5, 2018
in My Justice
0
0
Former ICTY Judge : Victims in the Kenyan ICC cases got a raw deal

Judge Koffi Kumelio

FacebookTwitterLinkedInWhatsappEmail

Judge Koffi Kumelio A. Afande, who has served on both the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR) has given a damning appraisal of the outcome of the Kenyan cases at the International Criminal Court (ICC) for the victims, particularly on reparations.

Speaking in The Hague as part of an interactive debate organised by HAGUE TALKS, a forum for new ideas that advance human dignity, peace and justice, Judge Afande pointed out that victims in the Kenyan cases hadn’t received any reparations as an example of how the international criminal justice system is failing to protect the interests of victims.

“We are used to believing, as part of criminologist theory, that prosecution also entails reparations for victims. But it’s not automatic. There should be reparation elements incorporated into the prosecution strategy to make sure that at the end, even if the case is suspended there will be justice to victims,” said the Togolese judge who once served as his country’s Senior legal advisor at the United Nations Security Council.

“I am referring to the Kenya[n cases at the ICC]. We all saw the victims on the screens but since the case is suspended, no one talks about victims anymore. It’s like they don’t exist. It’s not because there was no conviction that there are no victims,” he added.

Judge Koffi Afande

The ICC cases against two of the most powerful men in Kenya, President Uhuru Kenyatta and Deputy President William Ruto, collapsed due to lack of evidence. Prosecutor Fatou Bensouda blamed “unprecedented” interference including witness bribery and coercion for depriving her of the evidence she needed to proceed with the cases. Whatever the circumstances, Judge Afande believes the ICC should have found a way to make sure the victims were not left empty-handed.

“I was expecting some organs of that court to file a motion moving the court to grant at least reparations to victims (who we all saw) independently of the status of the criminal case but nothing has come so far,” he said.

It is rare to hear a judge of Afande’s stature speak so frankly of the shortcomings the international criminal justice system. During his talk, the judge did not hold back. He was also dismissive of tribunals that pride themselves on broadcasting their proceedings:

“When victims are far away from the seat of the Court, broadcasting it does not help much. Even the (ICC) statute provides for having in situ proceedings. ICTR did it in the past. We held hearings in Rwanda where the victims were. How can the ICC or other courts which are not located on the theatre of the crimes, how can they not move and have part of the hearings held there?

For his parting shot, Judge Afande shared an inspiring tip on how to make the universalisation of international criminal justice a reality:

“We are fighting for the universalisation of international criminal justice but it does not depend on the organs [and nor] does it depend on the governments. It depends on the eyes of the victims. That is to what extent international justice will guarantee a fair trial to them. That’s the only way for us to reach the universalisation international criminal justice,” he said.

You can watch Judge Afande’s unsparing, warts and all, assessment of the international criminal justice system, in full, below. We promise you it is worth every second of your time!

Tags: ICC (International Criminal Court)ICTY (International Criminal Tribunal for the former Yugoslavia)Kenya
ShareTweetShareSendSend

Justice Hub

Justice Hub is an online platform connecting conversations about international justice and peace.

Related Posts

Journalist Shaun Matsheza on the prospects for justice in Zimbabwe
Featured

Journalist Shaun Matsheza on the prospects for justice in Zimbabwe

by Justice Hub
June 25, 2019
0
530

President Emmerson Mnangagwa took over the reins of leadership in Zimbabwe in November 2017. His ascent to power, made possible...

Read more
Ariz and Kiamran: The two teachers creating a level playing field for Georgia’s minorities

Ariz and Kiamran: The two teachers creating a level playing field for Georgia’s minorities

June 14, 2019
128
How Dmytro Shchebetiuk is giving a new lease on life to Ukraine’s disabled

How Dmytro Shchebetiuk is giving a new lease on life to Ukraine’s disabled

June 14, 2019
126
Rawan Salim Al-Jiryawee wants fellow young Iraqis to have a bigger say on their future

Rawan Salim Al-Jiryawee wants fellow young Iraqis to have a bigger say on their future

June 14, 2019
533
Maung Saungkha is pushing back against the censorial instincts of the Myanmar regime

Maung Saungkha is pushing back against the censorial instincts of the Myanmar regime

June 14, 2019
293

Justice Hub

Justice Hub is an online platform connecting conversations about international justice and peace.

Justice Hub

Justice Hub reflects conversations on accountability and access to justice. We feature change-makers, researchers, and justice activists who make concrete the abstract concepts of Justice and Rule of Law. Justice Hub - alongside our sister project Hague Talks is powered by the Hague Project Peace and Justice – a network of over 200 Hague-based organisations working on peace and justice issues.

Follow Us

Quick Links

  • Featured
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
  • Contact Us
  • Privacy Policy

 

  HPPJ Forum Login
Creative Commons Licence
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
No Result
View All Result
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us

© 2018 Justice Hub

Login to your account below

Forgotten Password? Sign Up

Fill the forms bellow to register

*By registering into our website, you agree to the Terms & Conditions and Privacy Policy.
All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Login

Lost password?
Create New Account
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.

REPUBLISHING TERMS

You may republish this article online or in print under our Creative Commons license. You may not edit or shorten the text, you must attribute the article to Aeon and you must include the author’s name in your republication.

If you have any questions, please email nsharafa@gmail.com

License

Creative Commons License AttributionCreative Commons Attribution
Former ICTY Judge : Victims in the Kenyan ICC cases got a raw deal