President Goodluck Jonathan has declared that Nigeria is disappointed with the bias the International Criminal Court (ICC), has shown by ignoring the request for deferral for prosecution in a number of cases by the African Union (AU).
Jonathan stated this at the Extra-Ordinary Summit of Heads of States and Government of African Union, to discuss Africa’s relationship with the ICC, especially issues concerning the trial of President Uhuru Kenyatta of Kenya.
President Jonathan said the ICC, if at all it is concerned about the implied allegation of bias, has not taken enough proactive steps to address it and allay the fears of concerned stakeholders, adding “we think it should”.
He further called on members of the organization to expressed solidarity with one another on matters arising from their obligations. He stressed that “in this regard, it is important that we maintain our unity and speak with one voice on Kenya”.
He said the Articles of Rome Statute are of grave concern to Africa, particularly Article 27 which denies immunity to all persons without regard to customary international law, conventions and established norms, stressing that it must be amended.
He said: “In expressing my support for Kenya on it’s difficulties with the ICC, I will like to acknowledge that five years after the post-election violence of 2007, the people of Kenya have proven to the world that they are capable of expressing their sovereign wishes in a free, fair and credible manner in accordance with democratic norms and values.
“This is a clear demonstration to the world that the people of Kenya are in the best position to determine their own future and deal with their last.
“To further consolidate this, I would like to urge the Kenyan Parliament to hasten it’s consideration of the Report of the Truth, Justice and Reconciliation Commission to facilitate the implementation of it’s recommendations in order to accelerate the process of national healing,
“What remains is for the international community, in particular, the ICC, to give the elected leaders of Kenya the space to discharge their mandate in meet the aspirations and needs of their people.”
Meanwhile, the African Union has accused the ICC of double standards as pertains to the African Continent in general.
The allegations came at the Extra-Ordinary Summit of Heads of States and Government of African Union, currently holding in Addis Ababa, Ethiopia.
Nigeria’s President Goodluck Jonathan amongst other African Leaders are currently in the closed session of the summit.
The emergency Summit was convened with its main agenda being to deliberate on the issue of the trial of Kenya’s President Uhuru Kenyatta and his Deputy, William Ruto who are facing charges of crimes against humanity for allegedly helping to orchestrate the post-election violence in 2007-08 that killed more than 1,000 people.
Kenyatta, who was elected president earlier in the year, faces trial in November. The Kenyan government is considering withdrawing from the ICC.
The Rome Statute which established the ICC says a “state party” may withdraw with written notification to the UN’s secretary general; withdrawal takes effect one year later. But a withdrawal does not affect a state’s obligation to cooperate with criminal investigations and proceedings already underway.
However the African Union (AU) says it has engaged the ICC on a possible deferral of the trial, but complains that it had met with brick wall.
Speaking at the opening session of the summit on Saturday, the Ethiopian Prime Minister Hailemariam Dessalegn and Chairperson of the AU accused the ICC as well as the United Nation’s Security Council (UNSC) of double dealing and biased judgements, mostly in cases relating to Africa.
He noted that 34 of its member states had joined the ICC convinced that the organization would promote the cause of justice with a sense of impartiality and fairness, but this practice have left much more to be desired.
“On a number of occasions, we have dealt with the issue of the ICC and expressed our serious concern over the manner in which the ICC has been responding to Africa’s considerations. The double standard that both the United Nation’s Security Council and both the ICC have displaced in regards to AU’s request for deferral for prosecution in a number of cases has been particularly worrisome.
?While similar request by other entities were positively received even under controversial circumstances, neither a ICC nor the UNSC have heeded the repeated requested that we have made on a number of cases relating to Africa over the last seven years. It is indeed very unfortunate that the court has continued to create a complete disregard of the concerns that we expressed.
?The trend however, is no doubt worrisome and the unfair treatment that we have been subjected to by the ICC is completely unacceptable”.
The AU Chairperson noted emphatically that while Africa will never support impunity of leaders who wilfully murder their own people, “it is regrettable that the numerous proposals within framework of the Rome statute to address these issues have been totally ignored.
?Past experiences in our continent and elsewhere amply demonstrate the need to balance justice and reconciliation in complex conflict situations. It is in light of this fact that we have been insisting on the importance of finding home grown solutions to some of the intractable conflicts in our continent”.
With regard to the Sudanese President, Omar Hassan Al-Bashir, the AU Chairperson said, he has demonstrated necessary political leadership and commitment in resolving the Darfur issue as well as addressing outstanding issues within South Sudan. He added that as the country prepares for its general election in 2015, the international community should give the processes employed by AU a chance and not be seen in anyway to undermine them.
On the other hand, he stated that Kenya had come a long way in addressing the 2007 post-election violence, the adoption of new constitution, the reform of the judiciary and the holding of successful legislative and presidential elections have certainly opened a new chapter in the country’s political dispensation.
He stated that most importantly, the satisfactory measures taken to reform the criminal justice system in Kenya was also meant to dispel the fears of some in the international community, that they might not be as impartial as ICC would have seen it necessary.
He added that both President Uhuru Kenyatta and his deputy, William Ruto, have played a critical role in reconciling the different communities and creating a peaceful condition for the smooth conduct of the recently held elections.
“They have also taken practical measures to assist those who were affected by the post-election violence and restore their normal life.
“It is in recognition of these encouraging developments that we have been requesting for the reconciliation process to be given a chance. But ICC’s response flies full in the face of realities. There is no reason why the ICC finds it difficult to accept this legitimate request. Ultimately, what we all aspire to see if for Kenyans to reconcile and live in peace and harmony. But then again, this is not just about Kenya but definitely about the entire Africa.
“It should be underscored that our goal is not and should not be a crusade against the ICC, but a solemn call for the organization to take Africa’s concerns seriously.?
