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Appeals panel says ICC judges must reconsider whether to report Kenya for failing to cooperate

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THE HAGUE, Netherlands — Appeals judges at the International Criminal Court say a lower panel of judges must reconsider its decision not to report Kenya to the court's government body for failing to fully cooperate with prosecutors seeking evidence against the country's president.

Late last year the court's chief prosecutor, Fatou Bensouda, dropped her case against Kenyan President Uhuru Kenyatta on charges including murder and rape committed in violence that erupted after his country's disputed 2007 election. She accused Kenya of blocking her investigation.

Bensouda asked judges in the case to report Kenya to the court's Assembly of States Parties for failure to cooperate, but they refused. Wednesday's ruling means the judges will have to reconsider their decision.

Kenyatta, who was charged as an "indirect co-perpetrator" in the postelection violence, always maintained his innocence.

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