KENYA/NETHERLANDS: Kenyan lawmakers will debate a motion to withdraw from the International Criminal Court

Record ID: 362696

  • Title: KENYA/NETHERLANDS: Kenyan lawmakers will debate a motion to withdraw from the International Criminal Court
  • Date: 4th September 2013
  • Summary: NAIROBI, KENYA (SEPTEMBER 04, 2013) (REUTERS) VARIOUS OF KENYA'S PARLIAMENT BUILDING
  • Embargoed: 19th September 2013 13:00
  • Keywords:
  • Location: Netherlands
  • Country: Netherlands
  • Topics: Crime
  • Reuters ID: LVA42TB1M1HS7OBUMHX1XEJYP4CP
  • Story Text: Kenyan lawmakers will debate a proposal to pull out of the International Criminal Court (ICC) in a special sitting of parliament on Thursday (September 05).
    The session will come days ahead of the trial of Deputy President William Ruto, for three counts of crimes against humanity.
    Ruto is accused along with Kenyan President Uhuru Kenyatta and radio journalist, Joshua Sang of helping to orchestrate post-election violence five years ago in which 1,200 people died. Both deny the charges.
    Uhuru and Ruto have promised to cooperate with the ICC.
    The court was set up a decade ago to hold accountable perpetrators of the very worst crimes against humanity and war crimes, but some feel Africa has been unfairly targeted, making the court deeply unpopular across the continent.
    ICC Kenya monitor, Tom Maliti says a vote to end membership of the ICC is the latest effort in a long campaign to counter the court's processes to indict the Kenyan suspects.

    "It suggests that there is a way to get out of the ICC cases and as far as the legal challenges and avenues available for the president and deputy president to either have the cases suspended or have them terminated or have them brought back to Kenya, all those avenues over the last two years or so have been exhausted," said Maliti.
    The two men, who were elected on a joint ticket in March, had asked for their cases to be moved to Kenya so that they could more easily combine their political duties with attending court. The request was rejected. The court said, due to the impact it would have on witnesses.
    Members of the Jubilee coalition led by Uhuru and Ruto make up the majority in parliament but even though they vote for a withdrawal, it would have no legal effect on the ongoing cases.

    "The implications of the withdrawal in terms of the Kenya cases before the International Criminal Court are that those cases continue, the resolution or the formal withdrawal of Kenya from the ICC, if that happens, will have no legal effect on the Kenya cases at the icc. The implications really are more political, what political decisions will be made in Kenya in relation to the Kenya cases in the ICC," said Maliti.
    Kenyan lawmakers in 2009 rejected a proposal by a Commission of Inquiry into post election violence to form a local tribunal that would try suspects.
    Parliamentarians pushing for the vote say they are aware pulling out of Hague now would have no impact on the cases but that they are protecting the sovereignty of Kenyans.

    "Before the Hague, they had the option not to go there, we could have done our own cases here in Kenya, but the same MP's refused. Why do they want to refuse to go now when they had earlier refused to have a local tribunal? Why are they refusing to go there now?" said Obadiah Mokua, a Nairobi resident.

    "I think it is not fair to pull out of the ICC just because of two individuals. I believe that the country should be left to remain there because once we come out of this ICC then how shall we check about the future, next time somebody can mess up with the country how do we check on the accountability on that," said Robert Maluki.
    The war crimes trial of President Kenyatta will begin on November 12.
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