By A JOINT REPORT, The EastAfrican
In Summary
- Kenya had been hoping to collect signatures from at least 15 of the AU’s 54-member states.
- It had been counting on the votes of Tanzania, which hosts the African Court, Rwanda, with which it enjoys close relations, and Uganda, whose President Yoweri Museveni has become a critic of the ICC but no such support was forthcoming.
Kenyan diplomats at the African Union Summit in
Addis Ababa failed to persuade other countries to fast-track plans for.......................
an African court to deal with cases currently falling under the International Criminal Court.
an African court to deal with cases currently falling under the International Criminal Court.
African leaders had already agreed, in a meeting
in Malabo, Equatorial Guinea last June, to amend the Statute of the
African Court on Human and People’s Rights (ACHPR) to allow it to try
international crimes.
However, efforts by Cabinet Secretary for Foreign
Affairs and International Trade Amina Mohamed to fast-track the
amendments at the African Union Heads of State Summit collapsed on
Friday after no country came forward to sign the protocol. Ms Mohamed
could not be reached for comment yesterday.
Kenya had been hoping to collect signatures from
at least 15 of the AU’s 54 member states and despite lobbying members of
the East African Community and the Inter-Governmental Authority on
Development, no other country followed Nairobi in signing the protocol.
Kenya had been counting on the votes of Tanzania,
which hosts the African Court, Rwanda, with which it enjoys close
relations, and Uganda, whose President Yoweri Museveni has become a
critic of the ICC. However no such support was forthcoming.
Incensed by what they see as racial bias by the
ICC, the continent’s leaders are looking to expand the mandate of the
ACHPR as an alternative, before possibly rallying to revoke their
signatures on the Rome Statute, which established the Hague-based Court.
The ICC recently withdrew charges against
President Uhuru Kenyatta citing lack of co-operation from the government
and Kenyan diplomats are hoping that a threat by African states to pull
out of the ICC will put the Court under pressure to acquit or withdraw
charges against Deputy President William Ruto.
The proposal to empower the African court requires
at least 15 countries to ratify the protocol before it becomes binding.
In Kenya, this ratification is through parliament.
Donald Deya, one of the lawyers working to
fine-tune the protocol and who also heads the Pan African Lawyers
Association, explained the underlying intentions.
“We should support the building of the continent’s
capacity to prosecute a wide range of international and transnational
crimes that are of concern to the African people such as corporate
corruption and illicit financial flows from Africa,” Mr Deya said.
The EastAfrican has learnt that many
countries are unwilling to fast-track the proposal until key issues,
such as financing for the expanded jurisdiction of the ACHPR and
appointment of judges to deal with international crimes, are clarified.
In addition, many were said to be put off by the
fact that despite leading the crusade for African-led judicial
solutions, Kenya is yet to set up an International Crimes Division (ICD)
of the High Court to try cases domestically rather than refer them to
the ICC.
In East Africa, only Uganda has set up an ICD in
its High Court but it has only been used sporadically. For instance, the
country opted to let Dominic Ongwen, a Lord’s Resistance Army rebel
commander indicted by the ICC, travel to The Hague earlier this month
after his surrender rather than try him at home as allowed by the law.
A diplomatic source who spoke to this newspaper
said that Kenya is not keen to establish an ICD to prosecute
middle-level perpetrators of the 2007/8-post election violence until the
ICC cases are over.
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