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| International Criminal Court Withdraws Charges Against Kenyan President | |
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| LONDON — The International Criminal Court in The Hague announced on Friday that its chief prosecutor has withdrawn charges of crimes against humanity against President Uhuru Kenyatta of Kenya, ending a tortuous case seen as a test of the court’s credibility. | LONDON — The International Criminal Court in The Hague announced on Friday that its chief prosecutor has withdrawn charges of crimes against humanity against President Uhuru Kenyatta of Kenya, ending a tortuous case seen as a test of the court’s credibility. |
| Mr. Kenyatta had been accused of orchestrating the murder of hundreds of civilians during and after a disputed election in 2007. More recently, prosecutors said he was using all levers of his government to intimidate witnesses and block the collection of evidence. Human rights advocates in Kenya said the decision to drop the case was a blow to justice across Africa. | Mr. Kenyatta had been accused of orchestrating the murder of hundreds of civilians during and after a disputed election in 2007. More recently, prosecutors said he was using all levers of his government to intimidate witnesses and block the collection of evidence. Human rights advocates in Kenya said the decision to drop the case was a blow to justice across Africa. |
| “It shows if you have power or enough resources, you can get away with anything,” said Maina Kiai, a Kenyan human rights campaigner. “The court has showed it can be easily manipulated, it can be easily pushed around, and once you show that, there’s no sense anymore across Africa of a deterrent.” | “It shows if you have power or enough resources, you can get away with anything,” said Maina Kiai, a Kenyan human rights campaigner. “The court has showed it can be easily manipulated, it can be easily pushed around, and once you show that, there’s no sense anymore across Africa of a deterrent.” |
| Mr. Kenyatta, one of the richest men in Africa, had always tried to distance himself from the bloodletting in Kenya during the chaotic election period of 2007 and 2008, in which more than 1,000 civilians were killed, many by bands of youths wielding crude weapons. | Mr. Kenyatta, one of the richest men in Africa, had always tried to distance himself from the bloodletting in Kenya during the chaotic election period of 2007 and 2008, in which more than 1,000 civilians were killed, many by bands of youths wielding crude weapons. |
| The son of Kenya’s founding father, Jomo Kenyatta, Uhuru Kenyatta was elected president last year after teaming up with another suspect of the International Criminal Court, now Kenya’s deputy president, William Ruto. | The son of Kenya’s founding father, Jomo Kenyatta, Uhuru Kenyatta was elected president last year after teaming up with another suspect of the International Criminal Court, now Kenya’s deputy president, William Ruto. |
| Mr. Ruto has also been charged with crimes against humanity, and some analysts believe the court will redouble its efforts to convict him. But that prosecution has also been hampered by the same list of issues that dogged Mr. Kenyatta’s case from the beginning: constant allegations of witness tampering, bribery and obstruction. | Mr. Ruto has also been charged with crimes against humanity, and some analysts believe the court will redouble its efforts to convict him. But that prosecution has also been hampered by the same list of issues that dogged Mr. Kenyatta’s case from the beginning: constant allegations of witness tampering, bribery and obstruction. |
| The case against Mr. Kenyatta had proved a serious diplomatic headache to Kenya’s Western allies, including the United States, because while Western governments had tried to minimize contact with Mr. Kenyatta, they also needed his help for counterterrorism cooperation. Kenya remains the hub in Eastern Africa for Western intelligence cells, and the country has also suffered many terrorist attacks, including some against Westerners. | The case against Mr. Kenyatta had proved a serious diplomatic headache to Kenya’s Western allies, including the United States, because while Western governments had tried to minimize contact with Mr. Kenyatta, they also needed his help for counterterrorism cooperation. Kenya remains the hub in Eastern Africa for Western intelligence cells, and the country has also suffered many terrorist attacks, including some against Westerners. |
| Now, with the case dropped, the diplomatic distance between Mr. Kenyatta and the West may narrow. But there will always be a bit of shadow over Mr. Kenyatta because prosecutors accused his government of effectively preventing the case from ever finishing trial. | Now, with the case dropped, the diplomatic distance between Mr. Kenyatta and the West may narrow. But there will always be a bit of shadow over Mr. Kenyatta because prosecutors accused his government of effectively preventing the case from ever finishing trial. |
| The announcement by Florence Olara, a spokeswoman for the prosecutor’s office, that the charges had been dropped appeared to represent both a triumph for Mr. Kenyatta and a display of the court’s challenges in pursuing cases against leaders accused of crimes. | The announcement by Florence Olara, a spokeswoman for the prosecutor’s office, that the charges had been dropped appeared to represent both a triumph for Mr. Kenyatta and a display of the court’s challenges in pursuing cases against leaders accused of crimes. |
| In a first reaction to the announcement, Mr. Kenyatta said that he was “excited” but that he also wanted charges against Mr. Ruto to be dropped, Reuters reported. | In a first reaction to the announcement, Mr. Kenyatta said that he was “excited” but that he also wanted charges against Mr. Ruto to be dropped, Reuters reported. |
| The collapse of the case is a blow to the credibility of the court. The court’s prosecution office has carried out nine full investigations since its establishment in 2002, all of them against figures from Africa, and has arrested just seven suspects, according to The Associated Press. | The collapse of the case is a blow to the credibility of the court. The court’s prosecution office has carried out nine full investigations since its establishment in 2002, all of them against figures from Africa, and has arrested just seven suspects, according to The Associated Press. |
| On Wednesday, judges gave prosecutors a week to substantiate or withdraw the charges. | On Wednesday, judges gave prosecutors a week to substantiate or withdraw the charges. |
| In a court filing quoted by Reuters, the prosecutor, Fatou Bensouda, said, “The evidence has not improved to such an extent that Mr. Kenyatta’s alleged criminal responsibility can be proven.” | In a court filing quoted by Reuters, the prosecutor, Fatou Bensouda, said, “The evidence has not improved to such an extent that Mr. Kenyatta’s alleged criminal responsibility can be proven.” |
| In October, Mr. Kenyatta made a reluctant appearance before the three international judges who decided the future of the case. | In October, Mr. Kenyatta made a reluctant appearance before the three international judges who decided the future of the case. |
| At the time, prosecutors said the case could not continue until the Kenyan government ended its obstruction and provided evidence that had been requested more than two years ago. The defense insisted that the case had failed. | At the time, prosecutors said the case could not continue until the Kenyan government ended its obstruction and provided evidence that had been requested more than two years ago. The defense insisted that the case had failed. |
| Mr. Kenyatta had asked to follow the hearing by video link, as he had before, rather than travel to The Hague. But the judges insisted on his presence, saying the case had reached a “critical juncture.” But he did not speak in court, and it remained unclear why he had been called. | Mr. Kenyatta had asked to follow the hearing by video link, as he had before, rather than travel to The Hague. But the judges insisted on his presence, saying the case had reached a “critical juncture.” But he did not speak in court, and it remained unclear why he had been called. |
| Fergal Gaynor, a lawyer representing the victims in the case, said in October that “one of the most troubling aspects of this case has been the intimidation of witnesses.” The Kenyan authorities were accused of causing delays in the proceedings, refusing repeated requests for information and intimidating witnesses, causing some to withdraw for fear of reprisals. | Fergal Gaynor, a lawyer representing the victims in the case, said in October that “one of the most troubling aspects of this case has been the intimidation of witnesses.” The Kenyan authorities were accused of causing delays in the proceedings, refusing repeated requests for information and intimidating witnesses, causing some to withdraw for fear of reprisals. |
| “The victims are entitled to know who interfered with witnesses, at whose instigation and for what reason,” Mr. Gaynor told the court. | “The victims are entitled to know who interfered with witnesses, at whose instigation and for what reason,” Mr. Gaynor told the court. |