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Situation in the Republic of Kenya, Prosecutor (on the application of Victims) v Ruto (William Samoei) and Sang (Joshua Arap), Judgment on the appeals of William Samoei Ruto and Mr Joshua Arap Sang against the decision of Trial Chamber V (A) of 17 April 2014 entitled ‘Decision on Prosecutor’s application for witness summonses and resulting request for state party cooperation’, Case no ICC-01/09-01/11-1598, ICL 1684 (ICC 2014), 9th October 2014, International Criminal Court [ICC]; Appeals Chamber [ICC]

Reporter(s)

Talita de Souza Dias

Situation in the Republic of Kenya, Prosecutor (on the application of Victims) v Ruto (William Samoei) and Sang (Joshua Arap), Judgment on the appeals of William Samoei Ruto and Mr Joshua Arap Sang against the decision of Trial Chamber V (A) of 17 April 2014 entitled ‘Decision on Prosecutor’s application for witness summonses and resulting request for state party cooperation’, Case no ICC-01/09-01/11-1598, ICL 1684 (ICC 2014), 9th October 2014, International Criminal Court [ICC]; Appeals Chamber [ICC]

Whether, under Regulation 28(1) of the Regulations of the Court, a participant was allowed to file a clarification only once the relevant Chamber had ordered him or her to do so.

Whether, under Article 22(1) of the Rome Statute of the International Criminal Court (‘Rome Statue’), resort could be made to the theory of implied powers and customary international criminal procedural law before interpreting the relevant provisions of the ICC’s primary legal framework.

Whether a Trial Chamber had the power to compel the testimony of witnesses.

Whether a Trial Chamber’s power to compel the testimony of witnesses violated the principle of legality.

Whether a state party to the Rome Statute, was under an obligation to cooperate with the ICC to serve summonses and assist in compelling the appearance of witnesses subject to a subpoena.

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