A United Nations spokesman said Wednesday that
Secretary-General Ban Ki-moon is urging nations that signed the treaty
creating the International Criminal Court to continue to honour their
obligations.
The remarks by spokesman Martin Nesirky suggest
that Mr Ban may not respond favourably to the African Union´s insistence
that Kenyan President Uhuru Kenyatta should not go to The Hague to be
tried by the ICC.
Mr Nesirky reiterated that the secretary-general
has been studying the AU´s position "very closely" but he put emphasis
on Mr Ban´s expectation that AU member states "will continue to engage
with the International Criminal Court in a constructive manner".
However, it is understood that the UN Security
Council will agree to take up the proposal for a one-year deferral of
President Kenyatta´s trial.
The 15-member council will consider the request
under a section of the ICC treaty that allows for a deferral on the
basis of a perceived threat to international peace and security.
Sources say Kenya´s allies on the Security Council will argue that the Westgate Mall terror attack constitutes such a threat.
They will further argue that President Kenyatta
and Deputy President William Ruto must be able to focus on countering
that threat without having simultaneously to answer charges at a court
in Europe.
The United States has not yet stated its position
on the AU´s call for a deferral, and for African heads of states to be
made immune from prosecutions by the ICC.
But the US has previously twice opposed moves to defer or terminate the cases against Mr Kenyatta and Mr Ruto.
Kenya is in the meantime doggedly lobbying Security Council members to support a deferral.
SOURCE: AFRICA REVIEW
SOURCE: AFRICA REVIEW
