ICC victims lawyer says Kenyan state must be held responsible for the collapse of the cases

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ICC Chief Prosecutor Fatou Bensouda

The victims of the 2017 ethnic clashes now want ICC member states to issue travel bans and asset freeze against senior Kenyan leadership.

The victims lawyer Fergal Gaynor, in the collapsed ICC case against President Uhuru Kenyatta says the Kenyan state and its leadership must be held responsible for the collapse of the cases and ICC prosecution should not despair in light of their harrowing experience with the Kenyan cases.

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Gaynor said this in an article co-published with Anushka Sehmi, a lawyer who worked for the Victims Participation and Reparation Section of the ICC at the time of the case.

Apart from Kenyatta, Deputy President William Ruto, former Head of Public Service Francis Muthaura, former Police Commissioner Hussein Ali, former Minister Henry Kosgey and journalist Joshua Sang also faced charges at the court.

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The article, titled The Perfect Storm: Obstruction, Intimidation and Inaction in the Kenyan Situation was published in an International Federation for Human Rights publication publication issued this week.

The lawyers blame the Assembly of State Parties (ASP), the political wing of the Rome Statute and which comprises of states that have ratified the statute of looking the other way in the face of Kenyan state non-cooperation in the cases.

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