President Uhuru Kenyatta takes a more prominent role in the region Saturday even as the ICC case hangs over him.
By becoming East African Community chairman, this is seen as a boom to the President’s political clout.
This
is significant because it is now clear the International Criminal Court
judges would still have the final say on his requirement to attend
trial in The Hague.
This is despite the fact that the
Assembly of State Parties had amended rules requiring the President and
his deputy to be present at the ICC during proceedings.
But
despite the amendments to shield senior government officials from
attending their trials. The 12th Assembly of State Parties approved
those changed but the court judges will still have the last word.
According to the amendments a request not to attend hearings will be considered on a case-by-case basis.
The judges will determine if a request to be excused has merit.
Any
subsidiary law that is inconsistent with any article of the Rome
Statute could be thrown out unless the Assembly of State Parties meets
again to amend the supreme law.
Friday, global civil
society groups warned that political pressure by Kenya and the AU risked
undermining independence of the ICC
.
.
While the Rome
Statute remained untouched at the end of the 12th Assembly of State
Parties in The Hague, the rights groups said the changes signalled a
dangerous political interference with the court.
POLITICAL CAMPAIGN
“There
is a big question mark over the process that led to these new rules.
They have been fast-tracked due to a concerted political campaign,” said
William Pace, convenor of the Coalition for the ICC
.
.
“Kenya
and other African governments to excuse, defer or exempt heads of
governments from prosecution is a serious political threat to the Rome
Statute, the court, to victims, to witnesses and to the NGOs that
support them. Political attacks on the Court were overcome and we are
committed to protecting it from this one.”
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