Lobby faults AU's Kenya decision
President Kibaki attends 16th Ordinary Session of the Assembly of the African Union held in Addis Ababa, Ethiopia, Jan. 30, 2011. A global coalition of civil society has condemned the decision of the AU to endorse Kenya's request to defer cases against the suspected masterminds of the post election violence February 8, 201. FILE
A global coalition of civil society has condemned the decision of the African Union to endorse Kenya's request to defer cases against the suspected masterminds of the post election violence.
In a statement, the Coalition for the International Criminal Court (CICC), a global network of civil society organisations active in 150 countries called on "Kenya and the African Union to uphold its commitment to justice".
At its 16th Summit held on 24-31 January 2011 in Addis-Ababa (Ethiopia), the AU supported Kenya’s request for a deferral of the ICC investigations.
“This decision of the AU is contrary to the supportive role adopted by individual African States parties, who have clearly stated their commitment to the ICC and to justice,” said Stephen Lamony, the Coalition’s Africa Outreach Liaison and Situations Advisor.
“By passing decisions which seek to contradict those obligations, the AU puts its members in an awkward and embarrassing situation.”
Article 16 of the Rome Statute provides for a deferral of the court’s investigation or prosecution by the United Nations Security Council if there is a threat to peace and security.
"The Coalition calls on African states parties to the Rome Statute to continue to stand firm in their support for accountability and the rule of law, and reject steps which would undermine the Court," read the statement.
The CICC blamed Kenya for failing to set up a local tribunal to try the suspects and for being responsible for the ICCs' intervention.
"The government of Kenya squandered a great opportunity to show the world that it was committed to justice,” said Oby Nwankwo, Executive Director of the Civil Resource Development and Documentation Centre (CIRDDOC –Nigeria) and Steering Committee member of the Coalition.
“It could have avoided the ICC’s intervention in the first place. The ICC has now rightly stepped in, in response to the call for justice by the victims of injustice in Kenya. An intangible promise from the Kenya government to prosecute at an undetermined point in the future is not sufficient to stop that train,” she said.
“The Security Council’s standard for invoking a deferral is untested and inappropriate in the circumstances. Kenya should face the fact that justice for those affected cannot wait."
