The case against Kenya President Uhuru Kenyatta and his
deputy, Mr William Ruto, should be put on hold so that the two leaders
focus on leading the fight against international terrorism, the African
Union has told the UN Security Council.
They should also be freed to participate in easing
ethnic tensions in the country, which pose a threat to internal
security, the AU argues.
In its 20-page letter to the Security Council, the African Union describes terrorism as a threat to regional stability.
The African Union has brought unprecedented
pressure to bear on the Security Council to order a deferral on the
crimes against humanity cases facing the President and his deputy.
An appeals chamber at the ICC last week ruled that
Mr Ruto should not be excused from attending court. The Prosecutor, Ms
Fatou Bensouda, has appealed a decision excusing Mr Kenyatta from some
sessions. (Read: ICC now wants Kenyatta to stay in The Hague)
In the letter submitted to the council last week,
the AU also said that Kenya had undertaken significant reforms in its
courts and the police since the 2007/2008 post-election violence and the
gains made in national healing and reconciliation could be undone if
the cases facing Mr Kenyatta and Mr Ruto are not deferred.
The letter also said President Kenyatta and Mr
Ruto have been leading peace and reconciliation initiatives in the
country under the 2010 Constitution.
"Kenyans democratically elected their leaders in
March 2013 and they expect that their leaders will discharge their
constitutional responsibilities as elected executive leaders of the
Republic of Kenya. This, if not considered, will be adversely impacted
by the process at The Hague and thus, will undermine progress as well as
threaten Kenya’s peace and stability,” the 49 African states whose
representatives signed the letter, said.
"In light of the peace and security situation in
Kenya and the region, the African Union member States would like to
submit a formal request for a deferral of the proceedings against the
President and the Deputy President of the Republic of Kenya."
Handed letter
The UN Security Council President for the month of
October, Azerbaijani’s Agshin Mehdiyev was handed the AU letter by
Kenya’s ambassador to the UN, Mr Macharia Kamau, on October 21.
The letter was drafted as a follow-up to the Extra-Ordinary AU Summit held in Addis Ababa, Ethiopia, on Monday last week.
During the Addis summit, the African countries
present told Mr Kenyatta not to attend his trial, which opens on
November 12 in The Hague. They said they would make a major statement on
that day if the UN Security Council fails to defer the Kenya cases.
Mr Kenyatta and Mr Ruto are facing four and three
counts of crimes against humanity, respectively, in connection with the
2007/2008 post-election violence in which 1,133 people were killed and
650,000 displaced. The violence was sparked by a dispute over the
results of the 2007 presidential election.
This week, seven African ministers are set to meet
the UN Security Council to push for the deferral of the Kenya cases.
They will be led by the chairman of the AU Council of ministers, Dr
Tedros Adhanom of Ethiopia.
The meeting, which was to be held in New York Sunday, will now be held on Thursday.
'All options'
Kenya Attorney-General Githu Muigai said the
country will use all the options available to her should the AU request
for a deferral be defeated.
"We expect to reach a reasonable agreement with
the UN Security Council and the ICC on this matter. However, Kenya
reserves her right to all options available to her according to our
domestic and international law," he said in an interview with Radio
France.
He said that even though President Kenyatta and Mr
Ruto were taken to The Hague as individuals, the government has been
filing submissions to explain facts on issues that have been coming up.
“Kenya has filed several amicus curiae (friend of the court) submissions to clarify issues. We have continued to engage the court and we will cooperate," he said.
Kenya and the AU are pegging the deferral request
on the provisions of Article 16 of the Rome Statute, which states that
the Security Council can request the ICC to suspend any ongoing trials,
or investigations for a period of 12 months, with a possibility of a
further extension.
SOURCE: AFRICA REVIEW
SOURCE: AFRICA REVIEW
