Pan African Forum applies for Amicus Curiae status at the ICC
By Jessica A Badebye
Pan African Forum (PAF)’s Chairman has returned to the International Criminal Court (ICC) to apply for leave to be granted Amicus Curiae status. In a letter to the ICC judges, a copy of which was emailed to The London Evening Post, Dr Matsanga said: “…on Behalf of Pan African Forum, I bring this urgent application in pursuant to Rule 103 of Procedure and Evidence of International Criminal Court. We request leave to be granted Amicus Curiae status to make Observations in the case that is before you in the situation of the Republic of Kenya VS the Office of the Chief Prosecutor (OTP).”
Rule 103 states that at any stage of the proceedings, the Chamber may, if it considers desirable for proper determinations of the case, invite or grant leave to a state, organisation or persons, to submit in writing, or orally, any observation on any issue the Chambers deems appropriate. Matsanga further explained to the appeals chamber that once granted leave, PAF will endeavour to bring to the court vast new information on how the OTP failed in its investigations on the cases. He outlined five points in which he pledged to extensively focus on in his bid to collect new information for the ICC including the principles of complementarity in law, local Kenyan jurisdictions and how OTP has overlooked many laws of the country in pursuit for witnesses and evidence and the relevance of co-operation with states like Kenya where OTP is present.
The extent of witnesses tampering with the OTP is another point outlined in which Matsanga cited AFRICOG as one of the Non for Profit Organizations used as an intermediary in the ICC cases for gathering fake evidence, coaching of witnesses, paying witnesses to lie and its relationship with the opposition in Kenya. He further condemned AFRICOG for ‘dining with OTP and other international agencies’ for funding the creation of fake evidence that has dented the name of ICC court today. He further revealed that the ICC has so far spent over US$300 million on fake investigations and fake witnesses which continued to dent its reputation on the African continent.