New York -
African nations will on Friday
launch one of the biggest challenges yet to the International Criminal
Court by forcing a United Nations Security Council vote on suspending
the trial of Kenya's president.
A resolution seeking to defer
crimes against humanity charges against President Uhuru Kenyatta and
Vice-President William Ruto for one year is almost certain to fail
through lack of support.
But diplomats and justice experts say the action risks heightening tensions between the ICC and Africa.
The two leaders are accused of
masterminding unrest after a presidential election in 2007 in which at
least 1 100 people died. Kenyatta and Ruto took office after an election
this year.
Ruto's trial has started, while Kenyatta’s begins on February 5 after three previous delays.
Both have so far co-operated with the ICC. But Kenya has made two written requests to the council to suspend or halt the cases.
Scores of Kenyan victims of the
violence have also withdrawn from the ICC case because of what diplomats
and experts call “intimidation”.
The resolution to be voted on Friday is the most serious bid yet to suspend proceedings.
The Security Council can ask for
an ICC case to be deferred for a year under Article 16 of the court's
founding Rome Statute if a trial is considered a threat to international
peace.
The resolution has been pressed by
Rwanda, a temporary Security Council member, but not an ICC signatory,
with strong backing by Ethiopia, another ICC opponent.
It would need at least nine votes
on the 15 member council to pass. But with the council's seven ICC
signatories and the United States against them, the resolution has no
chance, diplomats said.
The draft resolution says the court case is “distracting and preventing” Kenyatta and Ruto from their duties.
It takes up AU complaints that the
two should be left to handle Kenya's role in battling Islamist
militants in Somalia and the aftermath of September's Westgate mall
attack in Nairobi which left 67 dead.
But Western diplomats and
activists see a largely political campaign to halt the proceedings and
more generally by countries opposed to the ICC to discredit the court.
African leaders frequently complain that the ICC discriminates against their continent.
All eight cases being investigated
by the ICC concern Africa. But nearly all were called by the countries
involved and Africa's 34 members make up a key chunk of the court's 122
signatories.
“The Africans have now reached a
stage where they are talking about this as a test of whether you are in
favour of Africa or against Africa,” said one UN diplomat who has taken
part in the often highly emotive talks on the resolution.
This
was “deeply resented” by countries who oppose the resolution, added the
diplomat, who highlighted how the Security Council voted this week to
increase an African force in Somalia which is almost entirely paid for
by the European Union.
“This is turning into the biggest challenge to the court since it was set up,” added a second council diplomat.
“Undoubtedly, the pressure exerted
by Kenya, by Rwanda, by Ethiopia increases strain on the court as it
tries to strengthen its impact,” commented Richard Dicker, justice
specialist with the Human Rights Watch group.
He said part of the motivation for
the vote was to “ratchet up pressure” ahead of an assembly of the Rome
Statute member countries in The Hague starting next Wednesday.
The assembly is to discuss
possible measures such as allowing defendants to take part by
video-conference and to give courts' extra leeway to allow absences,
which could help Kenyatta and Ruto.
Some African leaders have agitated for an African withdrawal from the ICC.
“I
don't think this would lead to a mass walkout, but if this vote goes
ahead the atmosphere will be so bad at the assembly it is going to make
it so much more difficult to reach agreement on things that could make a
difference,” said the UN diplomat.
“And it would increase the likelihood that Kenyatta will not co-operate with the court,” the official added. - Sapa-AFP
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