DEPUTY President William Ruto and journalist Joshua Sang on Friday will know whether the ICC will use recanted statements in their cases.
“The judegment in the appeals against the decision of the trial chamber on Rule 68 will be delivered in on Friday at 16h30,” the appeals chamber announced yesterday.
Kenya is in the process of exiting the ICC and this will gain momentum if Ruto and Sang lose the appeal.
Last November, Kenya, with the backing of the African Union, forced the Assembly of State Parties to re-affirm its decision that the amended rule would not be used retroactively.
The AU was also allowed to make submissions to the appeal judges on the matter and argued that amended Rule 68 cannot be applied in the present case without offending Articles 24(2) and 51(4) of the Rome Statute.
At the ICC, the trial judges are considering the no-case-to-answer motions by Ruto and Sang and the recanted evidence is part of the submissions from the prosecution.
It will be a major boost for Ruto and Sang if the appeal judges rule in their favour as the prosecution has said the evidence is crucial to their case.
