On
Draft
to Defer Kenya
ICC, Member Suggests
No Vote, Just
Refer to ASP
By
Matthew
Russell Lee,
Exclusive
UNITED
NATIONS,
November 12 --
This
afternoon, the
African
Union's
request and
draft
resolution for
the UN
Security
Council to
defer the
International
Criminal
Court's Kenya
proceedings
for a year was
the subject of
a
Council
consultation.
After
an hour and a
half, the spin
that emerged
that was "one
member" inside
had suggested
not putting
the draft
resolution to
a vote, to not
"humiliate"
the African
Union ministers
who came,
offering
instead "a
paper" which
would refer to
the Assembly
of State Parties
meeting.
But earlier
one of the
African
sponsors of
the draft said
this was the
last chance,
they were
going to put
it to the vote
later this
week. They
knew the vote
count. So what
could this
offer, called
condescending,
change?
Inner
City Press on
Monday asked
Kenya's
Permanent
Representative
Macharia
Kamau about
the timing.
Thursday or
Friday, he
replied. "It's
sad," he told
Inner City
Press
exclusively,
"it's a very
simple issue,
the Security
Council would
lose nothing.
They'd grant
the request of
forty nine
[heads of
state or] the
whole of
Africa, and be
back here
in twelve
months." He
said there
might be
headlines for
one day
after such a
deferral,
calling it
"knee jerk."
He
contrasted it,
"if we'd come
here asking
for war, or to
send a
'war lord' to
The Hague,
there'd be
consensus."
Macharia
Kamau
paused and
said, "The
Security
Council is not
a
destination
for
solutions." He
said others
would realize
that
too, whenever
they had an
issue before
the Council.
So
the Council
will meet in
consultations
this
afternoon;
there may a
vote later in
the week.
Watch this
site.
The
Security
Council,
PP1: Recalling the
Statements of
its President
dated 6
February 2008
(S/PRST/2008/4) and
13 May 2013
(S/PRST/2013/5),
PP2: Reaffirming its strong
commitment to
the
maintenance of
international
peace and
security and
recalling the
need to fight
impunity and
to hold
accountable
all
perpetrators
of the
2007-2008
post-election
violence in
Kenya,
PP3: Acknowledging the
reforms
undertaken by
the Government
of Kenya, in
accordance
with the 2008
National
Accord and
Reconciliation
Process and
the
Constitution
of Kenya of
2010,
particularly
in the
administration
of justice,
security and
governance,
fighting
impunity, as
well as the
measures taken
by the
Government
towards
resettling of
the internally
displaced
persons,
providing
reparations to
the victims
who suffered
losses in the
post-election
violence,
investigation
and
prosecution of
post-election
violence
crimes,
operationalization
of the Witness
Protection
Agency,
promotion and
restoration of
justice,
peace,
stability,
national
cohestion and
national
reconciliation
and
reintegration
in Kenya,
PP4: Considering the
decision of 21
March 2010 of
the
International
Criminal Court
(“the Court”)
authorising
the Prosecutor
to commence
investigations propio
motu into the
situation in
the Republic
of Kenya, in
relation to
the
post-election
violence of
2007-2008 and
under Article
15 of the Rome
Statute of the
Court, to
which Kenya is
a State party,
PP5: Noting with
appreciation the
cooperation
that the
Government of
Kenya and all
the indictees
have extended
to the Court
for the past
five years,
PP6: Further
noting that Mr Uhuru Muigai
Kenyatta and
Mr William
Samoei Ruto
were, in March
2013,
democratically
elected
President and
Deputy
President of
the Republic
of Kenya,
respectively,
PP7: Taking into
consideration that the
Court
commenced the
trial in the
case against
the latter on
10 September
2013, while
the trial in
the case
against the
former is
scheduled to
commence on 12
November 2013,
PP8: Stressing that the
proceedings
initiated
against the
President and
the Deputy
President of
the Republic
of Kenya is
distracting
and preventing
them from
fully
discharging
their
responsibilities
and extensive
duties, as
elaborated
upon in the
relevant
provisions of
the Kenyan
Constitution.
PP9: Reiterating its deep concern
that the
increasing
violence
perpetrated by
armed groups,
the number of
which is
growing in
several
regions and
sub-regions of
Africa,
continues to
pose a serious
threat to
international
peace and
security, and recalling that
terrorist
violence
negatively
impact the
efforts by
African States
to promote
social and
economic
development,
and undermines
global
stability and
prosperity in
Africa,
PP10: Commending the
Government of
Kenya for its
contribution
to the
restoration of
peace and
security in
the Horn of
Africa and
Eastern
Africa,
including
Somalia, and
for the action
it has taken
to fight
against
terrorism at
national,
regional and
international
levels,
PP11: Expressing deep
concern over
the current
terrorist
threat against
Kenya and
other
countries of
the Horn of
Africa and
Eastern
Africa, and
reiterating
its
determination
to combat all
forms of
terrorism, in
accordance
with its
responsibilities
under the
Charter of the
United
Nations,
PP12: Recalling its press
statement of
21 September
2013
condemning the
terrorist
attack at
the Westgate
Shopping
Mall in Nairobi and
expressing its
solidarity
with the
people and
Government of
Kenya at this
difficult
time,
PP13: Acknowledging that
the ordinary
extensive
duties of
Mr Uhuru Muigai Kenyatta
and
Mr William Samoei
Ruto, as
President and
Deputy
President of
Kenya, are
compounded by
both the
recent
terrorist
attacks and
the persisting
threat to the
national
security,
and considering the
decisive role
of Kenya,
under their
leadership, as
frontline
state in the
fight against
terrorism.
PP14: Considering article 16
of the Rome
Statute of the
Court under
which no
investigation
or prosecution
may be
commenced or
proceeded with
for a period
of 12 months
after the
Security
Council, in a
resolution
adopted under
Chapter VII of
the Charter of
the United
Nations, has
requested the
Court to that
effect;
PP15: Taking note of the
letter dated
21 October
2013 from the
Government of
Kenya to the
United Nations
to the
President of
the Security
Council,
requesting the
deferral of
the
investigation
and
prosecution
against the
President and
Deputy
President of
Kenya, in
accordance
with article
16 of the Rome
Statute of the
Court and
pursuant to
Decision
Ext/Assembly/AU/Dec.1(Oct.2013)
dated 12
October 2013
of the
Extraordinary
Session of the
Assembly of
the African
Union,
PP16: Mindful of its
primary
responsibility
for the
maintenance of
international
peace and
security under
the Charter of
the United
Nations,
PP17: Acting under
Chapter VII of
the Charter of
the United
Nations,
-
Requests the
International
Criminal Court
to defer the
investigation
and
prosecution
against
President Uhuru Muigai
Kenyatta and Deputy
President William
Samoei
Ruto for a period of
12 months, in
accordance
with article
16 of the Rome
Statute of the
Court,
-
Invites the
Secretary
General and
the Court to
report to the
Security
Council,
within two
months of the
adoption of
this
resolution, on
action taken
on its
implementation,
-
Decides that
Member States
shall take no
action
inconsistent
with paragraph
1 and with
their
international
obligations,
-
Decides to remain
actively
seized of the
matter.
, 
