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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 Mr William Samoei Ruto and Mr Joshua Arap Sang against the decision of Trial Chamber V(A) of 19 August 2015 entitled ‘Decision on Prosecution Request for Admission of Prior Recorded Testimony’, Case No ICC-01/09-01/11, ICC-01/09-01/11-2024, ICL 1687 (ICC 2016), 12th February 2016, 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 Mr William Samoei Ruto and Mr Joshua Arap Sang against the decision of Trial Chamber V(A) of 19 August 2015 entitled ‘Decision on Prosecution Request for Admission of Prior Recorded Testimony’, Case No ICC-01/09-01/11, ICC-01/09-01/11-2024, ICL 1687 (ICC 2016), 12th February 2016, International Criminal Court [ICC]; Appeals Chamber [ICC]

Whether the principle of non-retroactivity, as defined in Article 24(2) of the Rome Statute of the International Criminal Court (‘Rome Statute’), was applicable to amended Rule 68 of the Rules of Procedure and Evidence (‘Rules’), which dealt with the admissibility of prior recorded testimony.

Whether a Trial Chamber had correctly interpreted the word ‘detriment’ in Article 51(4) of the Rome Statute as ‘prejudice to the rights of the accused’.

Whether amended Rule 68 of the Rules had been applied retroactively in on-going trial proceedings, within the meaning of Article 51(4) of the Rome Statute.

Whether prior recorded testimony would have been admissible under Articles 69(2), 69(3) or 69(4) of the Rome Statute before the amendment of Rule 68 of the Rules.

Whether the application of amended Rule 68 of the Rules had caused detriment to the accused in the instant case.

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