China throws its weight behind calls for deferral

PHOTO | FILE Deputy President William Ruto receiving a Bible from Mr William Chepkut outside ICC on October 31, 2013. Mr Chepkut presented the Bible on behalf of his boss, former Cabinet minister Nicholas Biwott.  NATION MEDIA GROUP

In Summary

• China’s position puts it at odds with the position taken by the US, Britain and France
• The council is legally able to initiate a deferral of ICC prosecutions only when it judges such an action to be consistent with maintenance of international peace

By KEVIN J. KELLEY
More by this Author

China’s ambassador to the United Nations has said that his country supports the Africa-backed resolution calling for deferral of the ICC cases against Kenya’s leaders.

“We fully understand the concerns of the African Union and also the concerns of the Kenyan government,” ambassador Liu Jieyi said at the UN headquarters in New York. “China supports the Security Council in actively and positively responding to the call of the AU and the Kenyan government.”

VETO POWER

Mr Liu is also serving as the president of the security council this month. His country is one of the five permanent members of the security council. (READ: China backs African bid to suspend ICC Kenya case)

“Kenya’s leaders, who were democratically elected by the Kenyan people, and their dignity, should be fully protected and respected,” he said, and asked the council to “ensure that the Kenyan leaders can concentrate on discharging their constitutional duties, including playing a very constructive regional role in peace and security.”

China’s position puts it at odds with the position taken by the US, Britain and France, which are also permanent members with veto power over council resolutions.

Russia, the fifth permanent member, is believed to favour a resolution seeking a one-year deferral of the proceedings against President Kenyatta and Deputy President William Ruto.

Mr Liu did not indicate specifically when the resolution will be taken up by the 15-member council.

“The usual practice,” he said, “is that council members will have consultations on a draft resolution and decide on what course of action the council will take.”

At a news conference outlining the council’s programme of work for November, the Chinese envoy framed the effort to defer the ICC cases as consistent with the need to maintain international peace and security.

The council is legally able to initiate a deferral of ICC prosecutions only when it judges such an action to be consistent with maintenance of international peace.

“We believe the security council, according to the Charter of the United Nations, should support efforts of regional organisations to maintain peace and security,” he said. “As an important country in Africa, Kenya plays a significant role in maintaining regional stability, mediating regional issues and countering terrorism.”

The ICC said it excused Mr Ruto from the courtroom because the reasons his defence gave met the exceptional circumstances threshold.

While giving the reasons for the excusal yesterday, presiding judge Chile Eboe-Osuji said the chamber was satisfied with the reasons in Mr Ruto’s application, which was largely made in a private session.

Mr Ruto was on Friday excused from being in the courtroom for the whole of this week. (READ: Ruto flies back home as talks on ICC falter)

“The chamber is satisfied that the circumstances are exceptional. The meetings for Mr Ruto and President Uhuru Kenyatta were planned when the schedule did not foresee extension of the current session,” he said.

The chamber also held that the criteria for excusal set in the judgement of the Appeals Chamber of October 25 were met.

The chamber agreed with the Ruto defence that adjournment, which is one of the alternatives available to it, would not be feasible since there is witness 268 on the stand whose testimony cannot be disrupted.

MEETING WITH REFUGEES

President Kenyatta left for an official visit to South Africa and Botswana on Monday and is expected home today. And Mr Ruto is required to chair a meeting on refugee and drought on Thursday and Friday.

Both the prosecution and the victims had opposed the Ruto request arguing that granting him the excusal would make his absence the general rule rather than the exception.

Reported by KEVIN KELLEY in NEW YORK and WALTER MENYA in THE HAGUE