By Erica Smith
Impunity Watch Reporter, Africa
THE HAGUE, Netherlands – The African Union (AU) has asked that the International Criminal Court (ICC) to halt the cases against Kenyan president Kenyatta, his Deputy William Ruto and journalist Joshua arap Sang until after its application to have the cases moved.
The AU also wants to two leaders to be able to choose which session of the trial they would like to attend so that the leaders will be able to carry out their constitutional responsibilities.
The AU sent a letter to the ICC and the United Nations Security Council on September 10th arguing that the court should determine whether the cases can be moved before the trials progress further.
“The prosecution has ignored several procedural requirements having the effect of eroding the principles on natural justice. The court’s attention has been drawn to this aspect on two occasions by its own judges. This leaves the African Union with no option but to ask that until the request of the AU is considered and clearly responded to, the cases should not proceed.” The letter signed by AU Chairperson Hailemariam Desalegn and by AU Commission Chairperson Nkosazana Dlamini-Zuma stated.
The AU further argued that Mr. Ruto should not be forced to attend all the trial sessions even though the ICC prosecutor is appealing an earlier decision that he would not have to attend them all. The AU believes that Mr. Ruto will be unable to carry out his constitutional duties if he is forced to attend every session.
The AU pointed out that there are two high level security meetings slated for this month that Kenyatta would not be able to attend as a result of the ICC trial against Ruto. The AU believes that Kenyatta not participating in the meetings will seriously affect Kenya’s efforts towards peace and security. The AU also believes that the trials would undermine Kenya’s role in the international arena and that the trials should not infringe on the responsibilities of the two Kenyan leaders.
“While Kenya has always cooperated and reiterated its commitment to continue cooperating with the court, it must do so in the context of its own constitutional requirements,” the AU wrote.
For further information, please see:
All Africa — Africa: ICC Allows Five African States to Join Ruto Appeal — 14 September 2013
All Africa — Kenya: Stop Uhuru Ruto Trials, AU Demands — 13 September 2013
The Christian Science Monitor — Can Kenya’s leaders skip part of their international crimes trials? — 13 September 2013
All Africa — Africa: Halt ICC Cases, Give Kenyan Leaders Leeway – AU — 12 September 2013
