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| Kenya’s Deputy President Must Attend Most of Hague Trial | |
| (34 minutes later) | |
| PARIS — The International Criminal Court on Friday told Kenya’s deputy president, William Ruto, that he must attend most of his trial at The Hague, overturning an earlier ruling that allowed him to be present only on key occasions. | PARIS — The International Criminal Court on Friday told Kenya’s deputy president, William Ruto, that he must attend most of his trial at The Hague, overturning an earlier ruling that allowed him to be present only on key occasions. |
| The decision by the appeals judges may set a precedent for the Kenyan president, Uhuru Kenyatta, who was also told that he could be absent for large periods during his trial, scheduled to begin on Nov. 12. Mr. Ruto’s trial has already begun. | |
| Both men have been accused of crimes against humanity following the violence after the disputed 2007 Kenyan election, which set off ethnic clashes across the country that claimed the lives of more than 1,100 people and displaced 600,000. | Both men have been accused of crimes against humanity following the violence after the disputed 2007 Kenyan election, which set off ethnic clashes across the country that claimed the lives of more than 1,100 people and displaced 600,000. |
| The two leaders have mobilized the African Union to support them in a demand that their trials be postponed for at least one year. The African Union has submitted a formal request to the United Nations Security Council to defer the proceedings, but there has been no public response thus far. | The two leaders have mobilized the African Union to support them in a demand that their trials be postponed for at least one year. The African Union has submitted a formal request to the United Nations Security Council to defer the proceedings, but there has been no public response thus far. |
| Once political opponents, Mr. Kenyatta, a prominent member of the Kikuyu ethnic group, and Mr. Ruto, a leader of the Kalenjin group, teamed up in the most recent election, with their Jubilee Alliance winning the vote in March. That election proceeded relatively peacefully. Many people fear that the prosecutions in The Hague could upset Kenya’s fragile balance and set off renewed violence. | Once political opponents, Mr. Kenyatta, a prominent member of the Kikuyu ethnic group, and Mr. Ruto, a leader of the Kalenjin group, teamed up in the most recent election, with their Jubilee Alliance winning the vote in March. That election proceeded relatively peacefully. Many people fear that the prosecutions in The Hague could upset Kenya’s fragile balance and set off renewed violence. |
| In its ruling on Friday, the Appeals Chamber of the International Criminal Court said the trial judges had been too lenient with Mr. Ruto and had provided him with a “blanket excusal,” making “his absence the general rule and his presence an exception.” | In its ruling on Friday, the Appeals Chamber of the International Criminal Court said the trial judges had been too lenient with Mr. Ruto and had provided him with a “blanket excusal,” making “his absence the general rule and his presence an exception.” |
| “The absence of an accused person from trial is permissible under exceptional circumstances if the accused has explicitly waived his right to be present at trial,” it said. But the court’s discretion on the issue of attendance “is limited and must be exercised with caution,” it said. | “The absence of an accused person from trial is permissible under exceptional circumstances if the accused has explicitly waived his right to be present at trial,” it said. But the court’s discretion on the issue of attendance “is limited and must be exercised with caution,” it said. |
| However, the appeals judges said the trial judges could look for alternative solutions, like changing the schedule or adjourning the trial temporarily. | However, the appeals judges said the trial judges could look for alternative solutions, like changing the schedule or adjourning the trial temporarily. |
| Last month, judges at the court took the unusual step of suspending Mr. Ruto’s trial for nine days so that he could return home to assist in the government’s response after gunmen stormed the Westgate shopping mall in Nairobi, the Kenyan capital, and killed scores of people. | |
| This week, the African Union said the attack showed that Kenya “is a front-line state in the fight against terrorism” and that the trials would prevent Mr. Kenyatta and Mr. Ruto from “fulfilling their constitutional responsibilities.” | |
| In their decision, the appeals judges ignored an unusual plea from five African countries — Burundi, Eritrea, Rwanda, Tanzania and Uganda — asking the court to be “flexible” and excuse Mr. Ruto from being present for all proceedings. | |
| Lawyers at The Hague said it was the first time that governments had openly tried to influence a judicial decision in a case to which they were not a party and that did not involve their citizens. | Lawyers at The Hague said it was the first time that governments had openly tried to influence a judicial decision in a case to which they were not a party and that did not involve their citizens. |
| Since their election this year, Mr. Kenyatta and Mr. Ruto have stepped up a campaign to have their cases dropped and mobilized a great majority of African leaders at two summit conferences. Last month, Kenyan lawmakers voted to withdraw their country from the International Criminal Court, in a sign of discontent over the prosecutions. | |
| The prosecution has not said whether it would appeal the particularly lenient rules for trial attendance for Mr. Kenyatta. An appeal against similar conditions for Mr. Ruto led to Friday’s ruling. | |
| Mr. Ruto’s trial began last month, and he has been present except for the period when the trial was suspended during the Westgate shopping mall crisis. | |
Marlise Simons reported from Paris, and Alan Cowell from London. | Marlise Simons reported from Paris, and Alan Cowell from London. |