By David McKenzie, CNN
Nairobi, Kenya (CNN) -- Pretrial judges at the International Criminal Court on Wednesday authorized a prosecutor to investigate Kenya's bloody post-election violence, a move that could lead to key leaders facing charges at The Hague.
In a 2-1 ruling, the ICC judges said the available information "provides a reasonable basis to believe that crimes against humanity have been committed on Kenyan territory".
Kenya's disputed 2007 election between President Mwai Kibaki and opposition leader Raila Odinga led to clashes, leaving more than 1,000 dead and displacing hundreds of thousands.
Kibaki was declared the winner, although Odinga and the opposition, along with many independent observers, said the vote was rigged.
In his dissenting opinion, Judge Hans-Peter Kaul held that the crimes committed do not qualify as crimes against humanity.
Luis Moreno-Ocampo, the court prosecutor, said the decision "means that there will be no impunity for those most responsible for crimes committed during the post-election violence".
Investigating and prosecuting leaders responsible for the post-election violence had been a key part of a deal that set up a coalition government of all political parties.
However, the coalition government, led by Kibaki and Odinga, the prime minister, missed a September deadline for setting up a tribunal to try suspects involved in orchestrating the post-election chaos.
After the government missed the deadline, the ICC said it would step in. Moreno-Ocampo visited Kenya in November and asked judges at the ICC to approve investigations into the violence.
The issue of prosecuting post-election culprits has sparked public wrangling among the coalition government. Analysts said the administration has been reluctant to pursue prosecutions because the chief suspects are senior government officials.
Former U.N. Secretary-General Kofi Annan, who negotiated the deal that led to the coalition government, repeatedly has warned the ICC would intervene if a tribunal to try the suspects was not established.
Annan handed a list of suspects to the ICC in July, a sign he was losing patience with the delay in the formation of a tribunal.
Kenya's next election is scheduled for late 2012, and some analysts have said they worry the ICC will not be able to move fast enough to bring perpetrators to trial before then.
CNN
