Foreign Affairs Cabinet Secretary faults UNSC on Kenyan ICC cases

Sunday, November 17, 2013

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Foreign Affairs Cabinet Secretary Amina Mohamed has faulted the United Nations Security Council (UNSC) for failing to listen to the African voice in its decision on the Kenyan ICC cases.

Addressing the press in Colombo, Sri Lanka where she is attending the Commonwealth Heads of Government meeting, Amb. Mohamed said Africa cannot put its destiny in the hands of a Council that does not take it seriously.

“What is disappointing is that for the first time Africa actually came together and went to the Security Council with only one issue but it was turned down. This means the Council does not take seriously what Africa takes seriously,” Amb. Mohamed said.

The Foreign Affairs Cabinet Secretary said it was disturbing that some of the members who abstained, leading to the UNSC’s rejection of the African Union’s request on the Kenyan ICC cases, were not State Parties to the Rome Statute.

The Rome Statute establishing the ICC contains a provision, Article 16, that allows the UN Security Council to pass a resolution to defer an ICC investigation or prosecution for a renewable period of 12 months.

“So Article 16 puts the fate of member States of the Rome Statute in the hands of non-members, which is also an anomaly. It does not happen in any other international instrument,” She said.

She said following the UNSC’s decision, the African Union will be heading to the assembly of State Parties of the Rome Statute meeting that begins on November 20 in The Hague to present its position on the Kenyan ICC cases.

“We are going to listen to the State Parties at The Hague. Most of them have pledged to support the African position,” Amb. Mohamed said.

Out of the 122 countries that are State Parties to the Rome Statute, 34 are African.

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