ICC Prosecutor Fatou Bensouda has asked the Trial Chamber for permission to appeal their decision granting Deputy President William Ruto excusal from trial.
Yesterday, Bensouda told the judges that they had erred when they granted the excusal and she would wish to have the decision reversed by the Appeals Chamber.
She wants the Appeals Chamber to determine whether the new rule on excusal as applied by the Trial Chamber is consistent with the Rome Statutes.
"Is Rule 134 quater, as interpreted by the Chamber when granting conditional excusal to Ruto, consistent with articles 63(1), 21(3) and 27(1) of the Statute; If Rule 134 quater is consistent with articles 63(1), 21(3) and 27(1) of the Statute, does it on its own terms permit the Chamber to conditionally excuse Ruto from presence at trial subject to the conditions in the Chamber’s written reasons?" Besouda told the judges.
Following the passing of the rule allowing persons with extraordinary duties to be excused from trial, the Trial Chamber V(a) said that Ruto can skip sessions of his trial.
Bensouda has however been opposed the move and at one time said that opening roads and receiving dignitaries were not extraordinary duties that allowed for excusal.
"Granting leave to appeal will also give the Appeals Chamber the opportunity to address the reasoning implicit in the Decision 35—and further explained in Judge Eboe Osuji’s separate further opinion 36—that the Assembly of States Parties can alter the terms of a statutory provision by way of an amendment to the rules," she said.
EmoticonEmoticon