Saturday, October 19, 2013
Judges at the International Criminal Court on
Friday excused Uhuru Kenyatta from “continuous presence” at his
impending trial for crimes against humanity, a move analysts said would
prolong the Kenyan president's co-operation with the court.
African leaders, noting the ICC
has brought cases only against Africans, had called on the Hague-based
court to postpone the trial, due to start next month, and on Kenyatta
not to attend. Western states had urged him to cooperate with the ICC.
The stand-off had threatened to
damage relations between western nations and Kenya, an ally in the fight
against radical Islam in Somalia and east Africa. Kenya has long been
seen as a key security partner for Israel, the United States and
Britain.
“This decision significantly
increases the likelihood that Kenyatta will continue to co-operate and
comply with the ICC,” said Paul Gabriel, east Africa analyst at Control
Risks.
Kenyatta and his deputy, William
Ruto, are accused of orchestrating a wave of violence in which 1,200
people died after contested 2007 elections. Both men deny the charges
and have tried to have the prosecutions adjourned or halted.
Analysts say the ICC has an “image
problem” in Africa where local leaders often point out the court has
convicted just one man, a Congolese warlord, and has only charged
Africans. Many see the court as a biased tool of Western powers.
The
African backlash against the court intensified after gunmen from the
Somali militant group al Shabaab last month raided a shopping mall in
Nairobi, killing at least 67 people. Kenyatta's nephew and his fiance
died during the four-day siege.
A western diplomat based in
Nairobi said it was vital to avoid a break between Kenya and the ICC
after tempers became “heated” over the past few weeks.
“(The ICC decision) leaves time for cool heads on both sides to discuss things. It makes sense,” the diplomat said.
The decision to give Kenyatta time
at home to deal with official duties rather than attending the whole
trial was adopted by a majority vote, with presiding Judge Kuniko Ozaki
dissenting, the ICC said in a statement.
The judges said Kenyatta was still
required to attend opening and closing remarks of the trial, hear the
victims's testimonies, and listen to the delivery of the final
judgement.
The proceedings in The Hague against Ruto were delayed last month to allow him to deal with the assault on the Westgate mall.
Kenyatta's
trial, scheduled to start on November 12., is the court's most
high-profile case since it was established a decade ago and the first
against a sitting president.
However, international support for the court, especially from the West, has waned in recent months, Gabriel said.
“The ICC feels that it doesn't have the backing it needs to pursue a confrontation with Kenyatta,” he added.
The judges said Kenyatta's request
to be excused from attending the trial could still be turned down in
the future, and an arrest warrant issued, if he stops co-operating with
the court.