Monday, July 9, 2012

AU in final push to take over ICC cases


AU in final push to take over ICC cases


Written By:Judith Akolo,    Posted: Mon, Jul 09, 2012
ICC is this week expected to set trial dates for the Kenyan cases
African Heads of State and government this week embark on a last ditch effort to push for the return of Kenyan post election violence cases to the African soil.
The African leaders meet in Addis Ababa, Ethiopia starting Monday for the 19th Ordinary session of the African Union summit.
The International Criminal Court (ICC) is this week expected to set the date for trials of four Kenyans facing crimes against humanity charges.
The meeting will be a crucial one as it seeks to approve amendments to expand the jurisdiction of the African Court of Justice designed to facilitate the take-over of cases facing top African leaders at The Hague-based Court.
Majority of the ICC's active cases are international crimes committed in African states of Sudan, Democratic Republic of Congo, Central African Republic, Uganda, Ivory Coast, Libya and Kenya.
The summit will be endorsing recommendations by African Ministers of Justices and Attorney Generals to extend the African court's mandate to include prosecutions for genocide, war crimes, and crimes against humanity.
They will also endorse "the African common position" regarding ICC which includes; a resolution that the UN Security Council acts on requests by the AU for deferral of proceedings against Sudanese President Omar al-Bashir and cases against four among them two presidential aspirants - Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto.
Other suspects are former Head of Civil Service and Secretary to the Cabinet Francis Muthaura, and Kass FM head of operations Joshua arap Sang.
The AU meeting, which runs from July 9-16, was moved to Ethiopia after Malawi warned Sudan President Omar al-Bashir would be arrested and handed to the ICC if he set foot at the Lilongwe summit.
Sudan then petitioned AU to move the venue to Addis Ababa saying Bashir's attendance was critical. The AU has often accused the ICC of targeting African leaders.
The move by the African Union is expected to enable the AU member states to adjust national legislation to prosecute perpetrators of international crimes at national level.
President Mwai Kibaki recently managed to get the support of other East Africa Community - EAC  to have the ICC cases transferred to the East African Court of Justice, a move ICC said was "technically impossible".
Ambassadors and permanent representatives to the union will kick off the summit, and submit their recommendations to a plenary of the African Council of Ministers.
The African Heads of State and government will then convene from Thursday, to deliberate on and ratify the proposals that will be generated by the two sessions.
Heads of State are expected to approve amendments to expand the jurisdiction of the African Court of Justice designed to facilitate the take over of cases facing top African leaders at The Hague-based court.

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