Thursday, September 5, 2013
Kenya MPs vote to withdraw from ICC
Kenyan MPs have approved a motion to leave
the International Criminal Court (ICC) following
an emergency debate.
A bill to this effect is expected to be introduced in the
next 30 days, after opposition MPs boycotted the
vote.
The ICC has charged President Uhuru Kenyatta and
Deputy President William Ruto with crimes against
humanity, which they both deny. Mr Ruto's trial is
due to start in The Hague next week.
The ICC said the cases would continue even if Kenya
pulled out.
The charges against both Mr Kenyatta and Mr Ruto
stem from violence that broke out after disputed
elections in 2007, in which more than 1,000 people
were killed and 600,000 forced from their homes.
Mr Kenyatta is to go on trial in November.
'Suspend co-operation'
They were on opposite sides during the 2007 election
but formed an alliance for elections in March this
year, and analysts say the ICC prosecutions bolstered
their campaign as they portrayed it as foreign
interference in Kenya's domestic affairs.
The BBC's Gabriel Gatehouse reports from the
capital, Nairobi that even though the vote does not
halt the cases, it sends a powerful signal of defiance
to The Hague - a sentiment that is becoming
increasingly popular, here in Kenya and across much
of Africa.
Kenya's parliament is dominated by the pair's Jubilee
coalition.
The motion, tabled by majority leader Adan Duale,
said Mr Kenyatta and Mr Ruto were "lawfully elected"
and the government should take steps to
"immediately" withdraw from the Rome Statute,
which established the ICC.
It also says Kenya will "suspend any links,
cooperation and assistance" to the ICC.
Mr Duale noted that the US had refused to sign the
Rome Statute to protect its citizens and soldiers from
potential politically motivated prosecutions.
"Let us protect our citizens. Let us defend the
sovereignty of the nation of Kenya," Mr Duale is
quoted as saying.
MPs from the opposition Coalition for Reforms and
Democracy (Cord), led by former Prime Minister Raila
Odinga, walked out of the debate, calling the motion
"capricious" and "ill-considered".
Kenya's withdrawal would not bring "honour to the
nation and dignity to our leaders", Cord said in a
statement.
"Kenya cannot exist outside the realm of
international law," it said.
'Disturbing'
ICC spokesman Fadi El Abdallah told the BBC's
Newsday programme that Kenya's withdrawal would
have no bearing on the cases against the two men.
"A withdrawal has an effect only for the future and
never for the past," he said.
If Mr Kenyatta and Mr Ruto failed to co-operate, ICC
judges "may decide to issue arrest warrants against
these accused", Mr Abdallah added.
Amnesty International said the parliamentary motion
was the latest in a series of "disturbing initiatives to
undermine the work of the ICC in Kenya and across
the continent".
"Amnesty International calls on each and every
parliamentarian to stand against impunity and reject
this proposal," said Netsanet Belay, the group's
Africa programme director, in a statement.
Our reporter says that the withdrawal still has to
pass at least one more parliamentary hurdle, and
could take a year or more to come into effect.
Both Mr Kenyatta and Mr Ruto have repeatedly called
for the cases against them to be dropped, saying the
charges are politically motivated.
The ICC has refused and says it pursues justice
impartially.
In May, the African Union accused the ICC of
"hunting" Africans because of their race.
The ICC strongly denies this, saying it is fighting for
the rights of the African victims of atrocities.
The ICC was set up in 2002 to deal with genocide,
crimes against humanity, war crimes and the crime
of aggression.
The court has been ratified by 121 countries,
including 34 in Africa.
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