Archive for category Kenya
Karadzic summons Ratko Mladic for defense testimony: Ratko Mladic, a former Bosnian Serb army chief, has been ordered to appear in the trial of his former political leader, Radovan Karadzic. Both men currently face charges of genocide and other war crimes before the International Criminal Tribunal for the former Yugoslavia. Mladic had previously declined to testify voluntarily in Karadzic’s trial order to avoid self-incrimination. The two men would have been tried together for their alleged role in policies that displaced 2 million people and left over 100,000 dead during the Bosnian war in the early 1990’s; however, General Mladic remained a fugitive for three years after Karaszic’s capture. The men are now in separate proceedings, leading to the somewhat unique situation in which the accused may be called to give testimony in each other’s trial.
ICC Prosecutor seeks President Kenyatta’s financial records: ICC Prosecutor Fatou Bensouda has sought Kenyan President Uhuru Kenyatta’s financial records as she seeks to prove that the accused spent up to Sh50 million to bankroll the 2008 post-election violence in Kenya. She is also seeking to have the Assembly of State Parties issue a sanction against Kenya for failing to cooperate – they have until January 8 to respond. Bensouda alleges that the funds were dispersed in installments through former Kenyan MPs. “Information regarding to the Accused’s finances is directly relevant to the Prosecution’s allegation that he helped fund the violence following the election in Kenya in 2007, and therefore is likely to assist the Chamber in adjudicating the charges against him. In the absence of this material, the Chamber’s ability to determine the truth is severely curtailed,” said Bensouda. (The Star)
Bemba names interim lead lawyer: Jean-Pierre Bemba has named Peter Haynes as his acting lead counsel. Previously, Haynes served as co-counsel under Bemba’s previous lead lawyer, Aime Kilolo-Musamba. Kilolo-Musamba has been removed from the case and now faces witness and evidence tampering charges. Haynes will serve as the interim lead while Bemba considers the new composition of his defense team. (Bembatrial.org)
Court/Tribunal: International Criminal Court
Decision Title: Decision on the Prosecution’s motion for reconsideration of the decision excusing Mr. Kenyatta from continuous presence from trial
Chamber: Trial Chamber V(B)
Case Name: Prosecutor v. Uhuru Muigai Kenyatta
Date: 26 November 2013
- Based upon the Appeals Chamber’s decision on excusal from trial in the William Ruto case, the Trial Chamber reconsidered and reversed its prior grant of Uhuru Muigai Kenyatta’s request for his presence to be excused from most of the trial proceedings against him.
Principles found in decision:
- Trial Chamber V(B) found that it has the power to reconsider its own decision even if this power is not provided in the statutory provisions of the Court.
- A Trial Chamber may reconsider its own decisions when the prior decision was “manifestly unsound and [its] consequences manifestly unsatisfactory.” Reconsideration is thus taken sparingly, in exceptional circumstances, although new facts and new arguments can provide the foundation for exceptional circumstances
- An appeals decision in another case on a question, or on arguments, substantially similar to the question presented in the present case, can serve as a new fact or new argument for reconsideration purposes
- Reaffirmed the Appeals Chamber’s decision in Ruto that the Trial Chamber’s discretion to excuse a defendant is limited by six considerations, that the defendant’s presence at trial must be the norm, and that excusal from certain trial proceedings must be requested and considered on a case-by-case basis
Decision Background: On 6 September 2013, the defense submitted an oral application for the excusal of the defendant from his trial. The application requested that the defendant only be required to attend the opening and closing statements, and the reading of the judgment. The defense requested that if Mr. Kenyatta’s presence was required at any other proceeding, that his presence be secured via video link. The Prosecution objected to this request. On 18 October 2013, the Trial Chamber issued a decision granting the defendant’s request, and laying out the proceedings at which his presence would be required. In its decision, the Trial Chamber recounted its decision in the William Ruto case, in which it also mostly excused the defendant from trial, and identified Mr. Kenyatta’s position as the President of Kenya as an important reason to grant the request.
On 25 October 2013, the Appeals Chamber ruled on the decision in the Ruto case, following the Prosecution’s appeal. The Appeals Chamber ruled that the Ruto chamber had applied its discretion too broadly, and reversed the grant of excusal. It outlined six considerations and limitations to its discretion that the Chamber must take before allowing an excusal, and it underscored the fact that a defendant’s presence at trial should be the norm.
On 28 October 2013, in light of the Appeals Chamber’s decision in the Ruto case, the Prosecution filed an application for leave of appeal, seeking the Chamber’s reconsideration and the reversal of its decision in the Kenyatta case. The Prosecution argued that has the Appeals decision in the Ruto case come out before the disposition of Kenyatta’s request, the Chamber would have been required to reach a different decision. In the alternative, the Prosecution asked for leave to appeal the Kenyatta decision.
Decision Review: The Chamber found that it was within its proper powers to reconsider its own decisions. The Chamber may reconsider past decisions when they are “manifestly unsound and their consequences manifestly unsatisfactory.” Thus, reconsideration is only undertaken under exceptional circumstances; new facts and new arguments, however, can be “exceptional circumstances.”
The Chamber determined that the Appeals Decision in the Ruto case provides important new information for the present case, such that reconsideration of its decision per Kenyatta was warranted.
The Chamber noted that the Ruto Appeals Decision established that a defendant should not be granted a “blanket excusal,” and that absence from trial should not be the norm. It noted that the Appeals Decision laid out six limitations on the Chamber’s ability to grant excusal, and that excusal decisions from certain proceedings must be taken on a case-by-case basis. Based upon this standard laid out in the Ruto Appeals Decision, the Chamber reversed its original grant of the excusal request, and determined that as a general rule, the defendant would have to be present at the trial proceedings. It stated that any defense requests to be absent from any particular proceeding must be made – and decided – on a case-by-case basis.
Judge Eboe-Osuji issued a dissenting opinion.
To access the full Decision, click here.
U.K. threatens Sri Lanka with international inquiry: The U.K. Secretary of State for Foreign and Commonwealth Affairs, William Hague, warned Sri Lanka that if it did not investigate allegations of sexual violence committed by government forces during its 26-year civil war it would be subject to an international inquiry. Hague warned the country that it had until the Human Rights Council met in March to conduct an independent and credible investigation. Sri Lanka is one country that has not yet signed the U.K.’s declaration to end sexual violence during conflict. (Sunday Times).
Bosnian Serbs arrested for CAH: The Bosnian prosecution office has charged nine suspects with crimes against humanity related to the country’s 1992-1995 civil war. The nine Bosnian Serb policeman allegedly “expelled, deported, illegally imprisoned, tortured, or killed non-Serbian civilians . . . in a systematic campaign against the Muslim and Croatian populations.” Nearly 100,000 died and millions were replaced as a result of the civil war. (Radio Free Europe Radio Liberty).
Bemba restrictions lifted at ICC: An ICC judge has ordered the immediate lifting of detention restrictions placed on Jean-Pierre Bemba and his recently imprisoned lead defense counsel, Aime Kilolo-Musamba. During detention, the two had been restricted to 30 minute phone calls, one hour monitored visits with family, and an initial 72 hour of no contact. Bemba argued the restrictions violated his right to counsel and Kilolo said it prevented him from presenting an adequate defense. Kilolo was arrested in November on allegations of witness interference and forged evidence. (Bemba Trial).
ICC investigations flawed, says Kenyan lawyers: Lawyers met in Nairobi on Tuesday, 3 December 2013, to protest ICC Chief Prosecutor Fatou Bensouda’s handling of investigations into Kenya. The lawyers claimed Bensouda and her predecessor forged evidence and relied on unreliable witnesses. One lawyer was quoted as saying: “It appears as though the court was determined to confirm the charges and the prosecution was convinced that there were substantial grounds to proceed with the case even though the investigations were questionable.” The ICC is currently trying Kenyan Deputy President William Ruto and the case against the country’s sitting President will commence in February 2014. (All Africa).
Cooperation between ICTY and Serbia positive: It is expected the chief prosecutor of the ICTY, Serge Brammertz, will report positively to the U.N. Security Council on Serbia’s cooperation with the tribunal on Thursday, 5 December 2013. Brammertz met with officials in Serbia last month “to discuss transfer of documents and access to government archives and witnesses.” It appears the transition of matters between the ICTY and Serbia has gone smoothly and efficiently. Brammertz presents his findings twice a year to the Security Council. (In Serbia).
Bosnian war criminals to be released: A local court that issued judgements in over 100 cases since its establishment in 2005 to aid the ICTY is expected to release hundreds of Bosnian war criminals. In July 2013, the European Court of Human Rights ruled the local court erred in convicting and punishing accused under a 2003 criminal code. The ECHR concluded the court should have been applying a less stringent 1976 statute that was in force at the time the crimes were committed. The local court will now need to schedule retrials. (The Malay Mail).
Indonesia offers support to Cambodia and Thailand after ICJ verdict: Indonesia has pledged to aid Cambodia and Thailand as the two countries carry out the ICJ’s recent decision concerning the ownership of a Hindu temple. Indonesia stated it was “ready to assist in whatever means if both countries ask for its support in implementing the ICJ order.” In November 2013, the ICJ granted Cambodia ownership of the temple located near the Cambodian-Thai border. (Phnom Penh Post).
Sierra Leone Residual Court elects Kenya’s Wiki as President: Kenya’s Phillip Waki was elected President of the Residual Special Court for Sierra Leone on 3 December 2013. Waki previously served as an alternate appeals judge at the SCSL and sat on the Kenyan Court of Appeals and High Court. Justice Jon Kamanda of Sierra Leone was elected as Vice President. (The Star).
Kenya making progress in amending ICC rules: Reports indicate that through a formal presentation, Guatemala and Greece asked to amend Article 134 of the ICC Rules of Procedures to allow accused persons who are “mandated to fulfill important and extraordinary public duties” in their states to waive the requirement to be present at their trial. Instead, the amendment would let counsel represent the accused, who would not have to attend the trial at The Hague or follow it through video proceedings. Kenya, Japan, and South Africa all support the proposed amendment. Kenya’s second goal, to give sitting presidents immunity until their term has expired, will likely not be addressed until February at the Assembly of State Parties, even though Kenya is pushing for a special summit. Both changes would benefit Kenya, which has publicly objected to the requirement that President Uhuru Kenyatta and Deputy President William Ruto be present at their trials, whether in person or through video links. (Standard Digital).
Security Council condemns LRA war crimes, calls for support: On Monday, 25 November 2013, the UN Security Council condemned the Lord’s Resistance Army (LRA) in a presidential statement, urging the group to cease its activities, disarm, and release abductees. The Council also asked the UN Office for Central Africa, UN peacekeeping missions, and the international community to support the implementation of the UN Regional Strategy, which is meant to address the activities of the LRA. The Council also applauded the efforts of the African Union Regional Cooperation Initiative and emphasized the importance of regional efforts to combat the LRA. The Security Council has repeatedly denounced the crimes against humanity and war crimes the LRA has committed in several African nations over the course of 15 years, especially the group’s use of child soldiers. (UN News Centre).
Serbian Prosecutor’s Office wants 15-year sentence for Juric: The Serbian War Crimes Prosecutor’s Office demanded that Ilija Jurisic, who served as a commander during the Bosnian War, be sentenced to 15 years in prison for allegedly ordering a large-scale attack on former Yugoslav People’s Army (JNA) soldiers during their retreat from Tuzla, Bosnia, even though the withdrawal had allegedly been agreed upon previously. 51 soldiers died and 50 were wounded during this attack, a war crime for which Juric has been indicted in a domestic proceeding. Juric was already convicted in 2009 and sentenced to 12 years in prison, which was overruled by the Appellate Court in 2010, and the current rehearing seeks to establish why the JNA had withdrawn from Tuzla and whether Juric ordered the attack on the JNA.
Mbeki says ICC should not interfere in Africa: Former South African President Thabo Mbeki criticized the ICC’s prosecution of African leaders on Talk To Al Jazeera. In his opinion, the international community should focus on building peace in Africa, instead of imposing justice from the “outside.” He mentioned the trials of Kenyan President Uhuru Kenyatta and Sudanese President Omar al-Bashir; intervening in the conflict is more important than prosecuting these leaders, especially when their leadership and influence could be useful in brokering peace. Justice, he explained, does not trump peace. Using his own country as an example, Mbeki stated that South Africa’s move from apartheid to democracy would have been far less smooth had former South African President F.W. de Klerk, who was an integral part of ending apartheid, been brought before the ICC during the conflict. (Al Jazeera Media Network).
Bemba Case faces arrests, allegations of witness tampering: The has announced that four high level Congolese people have been arrested for alleged witness tampering in the war crimes trial of former Congolese vice president Jean-Pierre Bemba. It is alleged that the suspects were part of a corruption network formed to influence and bribe witnesses. (For additional information, please click here.) (UN News, Google News).
ICC confirms Senussi trial to continue in Libya: The ICC has rejected an appeal by Senussi to have his domestic trial in Libya suspended. The ICC has stated that the continuation of a domestic trial in Tripoli will not interfere with the case the ICC has against Senussi. (Saudi Gazette).
Kenyan Government indicates plans to investigate additional PEV cases: The Kenyan government is in the process of establishing a team of special investigators to deal with Post Election Violence. 5,000 pending PEV cases have already been referred to the police for fresh investigations. (All Africa).
HRW reports ongoing war crimes in CAR: HRW has reported that violence in CAR is still bubbling to the surface. General Hamat claims to be fighting a defensive war against a rebel group known as the anti-balaka. According to HRW the general is wreaking havoc in many villages and it is not clear if there is a legitimate rebel force amassing or if those who are fighting back are just frightened locals. (HRW).
Alleged Croatian war criminal wins extradition appeal, remains in Australia: Serb military commander, Dragan Vasiljkovic, will be allowed to stay in Australia and avoid extradition to Croatia for questioning in connection with war crimes. Mr. Vasiljkovic has been found to have committed crimes of torture and rape and has admitted to commanding a deadly assault on the Village of Glina in Croatia. (The Australian).
Africa hot topic at ICC summit: The ICC’s annual summit, the Assembly of States Parties, opened this Wednesday, 20 November 2013. U.N. Secretary General Ban Ki-moon began the event by stressing the need for all U.N. members to ratify the Rome Statute and support the ICC in its efforts to end impunity. The fact that all the ICC’s prosecutions are currently focusing on Africa, particularly the cases against Kenya’s sitting heads of state, was at the forefront of the discussions. Kenya’s Foreign Affairs Minister Amina Mohamed questioned the Court’s “veracity and effectiveness” and accused the Court of “ignoring” and “treating with contempt and suspicion” the country’s attempts to delay the trials for security reasons. A special session was scheduled for Thursday to discuss amendments to the ICC’s rules that would permit sitting heads of states to waive the right to be present at trial. President of the Assembly of States Parties Tina Intelmann said the session would give the Assembly the opportunity to review the rules but it was unlikely a decision would be reached. (To read more about this topic, please click here.) (Washington Post, The Star).
Security Council votes against Kenyatta deferral: On 20 November 2013, the U.N. Security Council voted to dismiss an AU backed motion requesting a one year deferral of the ICC case against Kenyan President Uhuru Kenyatta. The motion was two votes short of passing. Seven members of the Security Council, including China and Russia, voted in favor while eight were against. Kenyatta’s trial for crimes against humanity will begin in February 2013. (The Maravi Post).
Ruto to participate in ICC summit: ICC prosecutor Fatou Bensouda has requested Kenyan Deputy President William Ruto refrain from discussing the ICC case against him at the ICC annual summit which opened on Wednesday, 20 November 2013. Bensouda “note[d] the apparent conflict of interest between Ruto’s public position as leader of the Kenyan delegation and his personal position as an accused in proceedings before the court.” The ICC previously advised Ruto to not discuss the crimes against humanity trial in the media. Bensouda asked the ICC to clarify if this pertained to the annual summit as well. (AFP).
Trial of Congolese officers for human rights offenses begins: A military trial against 39 officers began in the Democratic Republic of Congo on Wednesday, 20 November 2013. The officers have been charged for failing to control their soldiers from committing rape and other human rights violations against civilians. The offenses were committed by fleeing soldiers after a rebel group captured a city in the eastern part of the country for 10 days in November 2012. The rebel group was defeated only a couple weeks ago.
Unnamed witness called by judges testifies in Bemba trial: A witness under the pseudonym “Witness CHM-01” testified at the trial against Jean-Pierre Bemba on Monday, 18 November 2013 before the ICC. The judges, as allowed by Articles 64 and 69, had called the witness; none of the parties in the trial had called him to provide evidence, even though several witnesses from both sides had mentioned his name. The witness is testifying through a video link from an undisclosed location. It is not yet clear how the witness was involved in the MLC. Mr. Bemba is charged with committing war crimes and crimes against humanity in the Central African Republic between October 2002 and March 2003. (Open Society Justice Initiative).
African Court to hold conference to raise awareness: The African Court on Human and Peoples’ Rights is organizing a continental conference in order to raise awareness about the court’s activities and promote human rights in African states. The Court feels that it has been underutilized; in seven years, it has only handled 28 petitions concerning contentious matters and five requests for advisory opinions. Senior officials believe that this under-utilization is due to the fact that the individuals and entities who are allowed to bring petitions before the Court are largely unaware of its existence. The conference will be attended by the president and judges of the court, representatives from international organizations, and Professor Makame Mbarawa, the Tanzanian Minister of Communication, Science and Technology. (Tanzania Daily News).
Leaders urge Sri Lanka to investigate war crimes following summit: During the Commonwealth Summit, which was held in Sri Lanka over the course of three days, several human rights groups appealed to world leaders to pressure Sri Lankan President Mahinda Rajapaksa to investigate war crimes that allegedly took place during and after the civil war against the Liberation Tigers of Tamil Eelam. UK Foreign Secretary William Hague, who was in attendance, stated that it would be possible for Sri Lanka to set up a war crimes tribunal before March, to which President Rajapaksa responded that Sri Lanka had started investigations, but that this process will take longer than a few months. He had previously stated that his troops did not commit war crimes during the conflict, which lasted 26 years. Secretary Hague’s comments followed UK Prime Minister David Cameron’s condemnation of the alleged war crimes, and his warning of a UN-led investigation should Sri Lanka fail to launch an independent inquiry. (To read more about this topic, please click here.) (Voice of America, BBC).
Nine AU states may be barred from voting on Rome Statute amendments: The ICC announced that nine out of its 122 members are in arrears and will therefore be unable to vote in this week’s Assembly of State Parties meeting in The Hague. Though the list of states has not been officially released, Tanzania, Senegal, Niger, Ghana, Gabon, Djibouti, Comoros, Guinea, and Liberia are all indebted to the Court and may lose their voting rights. These votes may be necessary to amend the ICC rules of procedure laid out in the Rome Statute, an effort Kenya is leading in order to excuse President Uhuru Kenyatta and Deputy President William Ruto from attendance at their trials, to amend Article 27 to grant sitting heads of governments immunity, and to amend Article 70 so that court officials can be charged with offenses against administration of justice and the powers of the Independent Oversight Mechanism may be expanded. If all 122 members attend the meeting, Kenya needs 81 members to support its proposals. (The Star).
Botswanan judge appointed to Sierra Leone court: On 16 October 2013, the Botswanan Administration of Justice announced that Ban Ki-Moon, Secretary General of the United Nations, appointed the Hon. Justice Dr. O.B.K. Dingake as a judge on the Residual Special Court for Sierra Leone, which is continuing the mandate of the Special Court of Sierra Leone. Justice Dingake is a jurist and scholar, and will sit on the Court as required by the president of the Court. (Government of Botswana).
Security Council opts not to pass Kenyatta trial delay bid: On 15 November 2013, the resolution put to a vote before the UN Security Council on the deferral of the ICC trials of Kenya’s President and his deputy failed to pass. Nine votes were needed to approve the resolution but only eight were cast. (UN News).
Korean victims appeal to ICC: Family members of people abducted during the Korean War have decided to formally sue Kim Jong-un for unlawful detention and failure to address such abuses. The group filing the legal motion will also be providing supporting evidence, all of which will be submitted to the ICC on Wednesday of this week. (globalpost).
AU considers bid to alter Rome Statute: Kenya is counting on the support of numerous African countries to vote in favor of amendments to the Rome Statute which seek to excuse President Kenyatta and his deputy from continuous attendance of their cases as the have been cooperating with the court. Kenya would also like to see an amendment added to Article 27 that would grant immunity to sitting heads of state. Unfortunately, there are nine countries that are arrears and will lose their voting rights. (The Star).
Cameron uses Sri Lanka visit to encourage war crimes investigation: Prime Minister Cameron, while attending the Commonwealth Heads of Government meeting, made vocal his commitment to see that a human rights inquiry take place in Sri Lanka to investigate alleged war crimes. Cameron stated that if the Sri Lankan government did not take action in the next four months than he would call for a full credible and independent international inquiry. (For additional information on this topic, please click here). (The Guardian, SKY).
UK investigation alleges war crimes in Egypt: A high-profile legal team from the UK appointed by the Muslim Brotherhood have accused the military in Egypt of a number of crimes and human rights abuses since becoming the interim government upon Mohamed Morsi’s ousting in July. It is likely that a case will be brought in front of the ICC of the ICJ. (Aljazeera).
African Commission adopts treaty protecting individuals with Albinism: The UN human rights office welcomes the adoption of the first-ever resolution protection people with albinism by the African Commission on Human and Peoples’ Rights. The UN, while encouraged by these initial steps, would like to see all African States take action by enacting similar resolutions. (UN News).
Security Council to vote on deferral of Kenyatta trial: The fifteen member states of the U.N. Security Council will vote on a resolution this Friday, 15 November 2013, calling for a one year suspension of the ICC trials against Kenyan President Uhuru Kenyatta and Deputy President William Ruto. The AU backed resolution will need the support of at least nine member states in order to pass. Experts have predicted, however, that the resolution will fail since seven members are currently signatories of the ICC. (Global Post).
French court decides to extradite Rwandans: A French appeals court ruled this week that two genocide suspects could be extradited to Rwanda. The country has previously denied extraditions because of concerns suspects will be denied fair trial rights. However, French Judge Jean Bertholin assured Claude Muhayimana and Innocent Musabyimana that if the extradition was approved by a higher court, the two would “be guaranteed a fair trial” in Rwanda. Muhayimana and Musabyimana are accused of participating in mass killings of ethnic Tutsis during the 1994 genocide that claimed around 800,000 lives. (Global Post).
Kenyatta seeks public testimony of prosecution witnesses: Kenyan President Uhuru Kenyatta has asked the ICC to deny granting protective measures of prosecution witnesses. Kenyatta argued suppressing identities and granting immunity from self-incrimination “constitutes an incentive for witnesses to lie and put forward false claims.” Kenyatta stated any measures violated his right to a fair and public trial. ICC Prosecutor Fatou Bensouda earlier requested protective measures for ten of the fifteen witnesses expected to testify against the President. (The Star).
Habre proceedings to be aired in Senegal and Chad: The trial of the former dictator of Chad, President Hissene Habre, will be broadcasted on television and radio in Senegal and Chad. Senegalese Justice Minister Sidiki Kaba announced the two countries were in the process of “work[ing] out which media outlets . . . will be given responsibility for the transmission.” Habre is being tried by a special court in Senegal for crimes against humanity and war crimes related to his 1982-1990 rule. (Global Post).
Security Council split on ICC deferral: The U.N. Security Council is split over whether to delay the ICC cases against Kenya’s sitting heads of state. Last week, the 15 state parties met to discuss an AU backed resolution calling for a deferral to allow President Uhuru Kenyatta and Deputy President William Ruto time to fulfill their executive duties at home. Experts opposed to the resolution argue a postponement may defer justice for victims. The U.N. Security Council is expected to vote this week on whether to approve the deferral. (All Africa).
Ivory Coast party seeks release of former President: The Ivorian Popular Front has officially requested the ICC release former President Laurent Gbagbo from custody. The opposition political party claims Gbagbo is being illegally detained after the ICC failed to present sufficient evidence of wrongdoing. The party’s organizer demanded the former President return to the Ivory Coast to “reconcile the people.” For the past two years, Gbagbo has been held in The Hague on charges of crimes against humanity for his participation in the 2010 post-election violence. (All Africa).
Kenya attacks planned after 2007 election, says ICC witness: A prosecution witness testified last week that members of the Orange Democratic Movement, a political party supported by ICC indictee William Ruto, planned attacks against the rival Party of National Unity. The protected witness told judges members of the Orange Democratic Movement stocked bows, arrows and rocks “with the objective of forcibly expelling” people of a differing ethnic group from their communities once the 2007 presidential election results were announced. Ruto, alongside co-accused Joshua arap Sang, is charged with inciting and ordering attacks that killed and displaced thousands of civilians after the party he supported was defeated in the election. (All Africa).
ICC judges call witness for Bemba trial: A judge ordered witness is expected to testify in the trial of Jean Pierre Bemba at the ICC on 18 November 2013. The evidence to be presented by the witness has not been disclosed, however, the individual has been “repeatedly mentioned” by other participants during the proceedings. The witness will first be examined by the judges. The prosecution, victim representatives and defense will then each have an opportunity to question the witness on relevant issues, as well as evidence that concerns credibility and mitigating or aggravating circumstances. The former Vice President of the DRC is charged with crimes against humanity and war crimes. (All Africa).