ICC: UhuRuto case Belgian judge withdraws from President Kenyatta/Deputy President Ruto cases at ICC citing apparent prosecutorial misconduct

April 27, 2013

By Jackal News (Because we own news & gossip, you are either a source or a target!)
April 27, 2013…
cccA Belgium Judge has withdrawn from trying cases facing Kenyan President Uhuru Kenyatta and his Deputy William Ruto at the International Criminal Court, citing realistic fears that the prosecution might have screwed its chances making justice prevail.
This raises hopes of having case against the pair sent back to the pretrial chamber – as Kenyatta requested – or be dismissed all together. In also appears that trials, which were due mid this year to sometimes later.
In his withdrawal, Judge Christine Van den Wyngaert questioned the prosecution’s conduct
“I fully concur with the elucidation in the decision of the prosecution’s rights and obligations under article 54(1) (a) of the statute. However, I would have gone further in that I am of the view that there are serious questions as to whether the prosecution conducted a full and thorough investigation of the case of the accused prior to confirmation,” said Wyngaert.
“In fact I believe that the facts show that the prosecution had not complied with the obligation under article 54 (1) (a) at the time when it sought confirmation and that it was still not even remotely ready when the proceedings before this Chamber started.”
And this is the judges brief profile from the ICC website. She is quite pretty and smart.

Judge Van den Wyngaert (1952) graduated from Brussels University in 1974 and obtained a PhD in International Criminal Law in 1979. She was a professor of law at the University of Antwerp (1985 – 2005) where she taught criminal law, criminal procedure, comparative criminal law and international criminal law. She authored numerous publications in all these fields. She was a visiting fellow at the University of Cambridge (Centre for European Legal Studies (1994 – 1996), Research Centre for International Law (1996 ‑1997)) and a visiting professor at the Law Faculty of the University of Stellenbosch, South Africa (2001). Her merits as an academic were recognised in the form of a Doctorate Honoris Causa, awarded by the University of Uppsala, Sweden (2001). In 2010, she was awarded a doctorate honoris causa by the University of Brussels, Belgium. She was an expert for the two major scientific organisations in her field, the International Law Association and the International Association of Penal Law. She was an observer of the Human Rights League at the trial of Helen Passtoors in Johannesburg in 1986 and made human rights a focal point in her teachings and writings throughout her career. In 2006, she was awarded the Prize of the Human Rights League. Judge Van den Wyngaert gained expertise in various governmental organisations. She was a member of the Criminal Procedure Reform Commission in Belgium (Commission Franchimont) (1991 – 1998) and served as an expert for the European Union in various criminal law projects. She has extensive international judicial experience. She served in the International Court of Justice as an ad hoc judge in the Arrest Warrant Case (2000 – 2002) and was elected as a judge in the International Criminal Tribunal for the former Yugoslavia where she served for more than five years (2003 – 2009).


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