Thursday, November 21, 2013
The chief prosecutor of the International Criminal Court on Wednesday
sought to prevent Kenya's vice president from discussing his crimes
against humanity case at a meeting of ICC member states.The
annual meeting is turning into a forum for African leaders to vent their
frustration with the world's only permanent court for crimes against
humanity and war crimes, which they have accused of racism.
ICC
chief prosecutor Fatou Bensouda lodged an urgent request that Kenyan
Vice President Ruto not be allowed to discuss his case or that of Kenyan
President Uhuru Kenyatta at the meeting, where Ruto is expected to head
the Kenyan delegation.
The two are accused of fomenting political unrest after a 2007 election in which more than 1,100 people died.
The
prosecution "notes the apparent conflict of interest between Ruto's
public position as leader of the Kenyan delegation and his personal
position as an accused in proceedings before the court," Bensouda said.
On
Thursday the ICC's Assembly of States Parties (ASP) is to debate
whether heads of state and government should have immunity from ICC
prosecution, at the behest of the African Union which has accused the
court of racism because all its current cases involve Africans.
The
meeting will also consider changes in procedure -- such as allowing
defendants to appear by video conference -- which could ease trial
conditions for the Kenyan leaders.
The court in The Hague has
already reminded Ruto not to discuss the merits of his ongoing case in
the press, and Bensouda said she wanted clarification as to whether this
also applied to discussions at the ASP.
Bensouda also questioned
the ICC's decision to excuse Ruto from his trial while Kenyatta was out
of the country so that the vice president could fulfil his
constitutional duties -- when in fact Ruto would be attending the ASP
meeting instead of being in court.
Kenya's Foreign Minister Amina
Mohamed told the ASP on Wednesday that although the east African country
continued to support the court, it was "deeply concerned" about the
ICC's impact on Kenya's own efforts "in the promotion of peace and
reconciliation."
"The court cannot ignore the social reality. It
must give states the primary role in redressing crimes that threatens
peace," Mohamed said.
She said that "on several occasions" Kenya
did not receive the ICC's cooperation and we "were even treated with
suspicion and contempt."
The ICC has opened eight investigations since it was set up in 2003, all of them in Africa.
Only
the Kenyan cases were initiated by the ICC prosecutor, while the others
were either requested by the nations concerned or by the UN Security
Council.
The Security Council last week rejected an African draft
resolution demanding that Ruto and Kenyatta's ICC trials be suspended
for one year.
The proposed resolution said the court case was
"distracting and preventing" Kenyatta and Ruto from carrying out their
duties and argued that their leadership was crucial in battling Islamist
militants in Somalia and handling the aftermath of September's mall
attack in Nairobi, which left 67 dead.
African leaders frequently complain that the ICC discriminates against their continent.
Western
diplomats and activists see the campaign to halt the proceedings as
political and, more generally by countries opposed to the ICC, a bid to
discredit the court.
The United States, Britain and France said at
the United Nations last week that Africa's complaints should be put to
the ASP meeting.
ASP president Tiina Intelmann told journalists on
Wednesday that the concerns of the African states parties were "taken
very seriously" by the ICC.
"But of course at the same time when investigations start there are frictions and there are difficult issues," she said.
"We
have to be mindful of the fact that the ICC is a criminal court -- by
definition the criminal court is not able to have only friends,"
Intelmann added.
Ruto's trial started on September 10, while Kenyatta's is scheduled to get under way February 5 after being delayed three times.