Is African Union ‘s resolution concerning the Kenyan cases at the International Criminal Court,in the right direction?Does that resolution hold any water in the bigger picture perspective?

Is African Union’s resolution concerning the Kenyan cases at the International Criminal Court,in the right direction? Does that resolution hold any water in the bigger picture perspective? Is it a right step in the right direction?

During the 50th jubilee anniversary of African Union ,in Ethiopia ,Addis Ababa,the african heads of states passed a political resolution in unison concerning the Kenyan cases at International Criminal Courts.They resolved that the Kenyan cases at The Hague should either be dropped ,or,reffered back to the Kenyan courts.Kenyan received the support of the African Union ,which passed a resolution directed at the court and the U.N Security council,calling upon the two organs to refer the cases back to Kenya for trial.The reason provided are that Kenya’s improved institutions make it unnecessary to continue with the trial before the International Criminal Courts.

And,part of the resolution read that “african leaders have come to a consensus that the International Criminal Court process that has been conducted in Africa has a flaw.The intention was to avoid any kind of impunity……….but now the process has degenerated to some kind of race hunting”.

The African Union said that it supports and endorses the Eastern Africa region’s request for a referral of the International Criminal Court investigations and prosecutions in relation to 2007 post election violence in Kenya in line with the principle of complementarity to allow for a national mechanism to investigate and prosecute the cases under a reformed judiciary provided for in the new constitution.

The International Criminal Court issue was the political highlight of the African Union 50th anniversary celebrations held for over a week in the Ethiopian capital.They also castigated and condemned the International criminal court for selective judicial process targeting african leaders while totally turning a blind eye as America and other western nations continue to rain havoc in Iraq,Afghanistan,by committing atrocities and violating their basic human rights and orchestrating crimes against humanity.

But,according to George Kegoro,the point is that legally ,even if they were willing to accomodate the request neither the court,nor the security council has the power to tranfer the cases back to Kenya.Kenya is setting up,of eventually with holding cooperation with the court,or,even possibly pulling the country out of membership of the Rome statute.However,Kenya’s strategy appears to be to conflate issues,to draw the court into controversy and politicise the cases beyond salvage.

According to Mrs.Maria Kamara,the court’s field outreach coordinator ,the I.C.C is not bound by the African Union resolution to have the Kenyan cases referred back to the country.The resolution is a “political one”which will not influence the court’s judicial process.”The African Union resolution is a political resolution and the I.C.C is purely a judicial decision that is governed by the Rome statute.Political decisions will not influence the court’s judicial processes.The trials will proceed as the judges have already indicated .They have not decided otherwise .The judges are the only authority that will determine whether the case will proceed ,or,not.

But,in a contrary rejoinder ,according to senior counsel ,Ahmednasir Abdullahi,in his masterpiece opinion,wrote that ,the African Union,resolution in Addis Ababa to have the International criminal court refer back to Kenya the cases facing 3 Kenyans at The Hague was a historic watershed .They never foresaw the new assertive pan-africanism tornado that wrecked havoc on their design.African leaders saw through the latest facade of western duplicity.They rightly saw what the I.C.C process is all about .It is not about justice ,or,fighting impunity as cunningly sold by it’s European owners and their loyal salesmen.

They saw the court as a new stealth weapon in the armour of Europe to control Africa.With the African Union resolution fresh in our minds ,it is pertinent to retrace the I.C.C cases against the 3 Kenyans.This is simply to put into perspective the palpable anger and frustration African leaders showed in Ethiopia.


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