It's now apparent that the AU is in the process of developing a document which, if approved, will enable the formation of a parallel African court on criminal justice.The Kenyan situation is a trap for the ICC. African countries will be saying we are withdrawing from the ICC, not because we support impunity, but because we want to form our own institution. It is important to note that the Veto-wielding states in the UN Security Council would be condemning the ICC should they block Kenya's bid.
Indeed Kenya is trying to save the International Criminal Court from collapse. Come July this year, if the Kenyan deferral is not given, the 32 countries of the AU in the ICC will withdraw their membership.The (AU) leaders are diffusing the following point; that we sent the Sudan deferral case to the Security Council and America played, so now let us send the second deferral from Kenya and see what it will do.
The UN decision making organ invited Kenya and an AU representative to an informal meeting where members would hear the country’s argument for a 12-month postponement of the on-going ICC proceedings. Britain and America who are part of the five permanent members have expressed their reservation to the deferral bid, but it would be wise for them to abstain from a possible vote.Abstention would be the most logical route for the two countries to take.Kenya’s support from the African Union was weighing heavily in its favour and should not be taken for granted by anybody.The best America can do is to abstain, because it has no moral authority to discuss human rights when it is not even a signatory to the Rome Statute.
The Security Council can issue a one-year suspension if there is a threat to international peace and security. The ICC pre-trial chamber last Tuesday ordered the six Kenyans to appear before the court on April 7 on charges that they masterminded the post-election violence. The hurry in which the summons were issues is also suspect,because even up to today the ruling of the dissenting Judge is yet to be issued.However It will be interesting to see how this affair unfolds.
Indeed Kenya is trying to save the International Criminal Court from collapse. Come July this year, if the Kenyan deferral is not given, the 32 countries of the AU in the ICC will withdraw their membership.The (AU) leaders are diffusing the following point; that we sent the Sudan deferral case to the Security Council and America played, so now let us send the second deferral from Kenya and see what it will do.
The UN decision making organ invited Kenya and an AU representative to an informal meeting where members would hear the country’s argument for a 12-month postponement of the on-going ICC proceedings. Britain and America who are part of the five permanent members have expressed their reservation to the deferral bid, but it would be wise for them to abstain from a possible vote.Abstention would be the most logical route for the two countries to take.Kenya’s support from the African Union was weighing heavily in its favour and should not be taken for granted by anybody.The best America can do is to abstain, because it has no moral authority to discuss human rights when it is not even a signatory to the Rome Statute.
The Security Council can issue a one-year suspension if there is a threat to international peace and security. The ICC pre-trial chamber last Tuesday ordered the six Kenyans to appear before the court on April 7 on charges that they masterminded the post-election violence. The hurry in which the summons were issues is also suspect,because even up to today the ruling of the dissenting Judge is yet to be issued.However It will be interesting to see how this affair unfolds.
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