Tuesday, November 19, 2013

"They Enslaved and Colonized Us, and Now They Want to Judge Us"

By Colum Lynch

Foreign Policy - Tuesday, November 19, 2013

The African Union came to the U.N. Security Council last week in search of a showdown. But its representatives left with little to show for their effort, having failed to persuade the United States and other Western powers to suspend the International Criminal Court's (ICC) prosecution of two African leaders, Kenya's President Uhuru Kenyatta and Deputy President William Ruto, who stand accused of orchestrating a frenzy of mass murder during the country's post-election violence in 2007 and 2008.
Securing a delay in the trial, however, was hardly the point of the exercise. The African sponsors of the resolution, including Ethiopia, Kenya, Rwanda, and the five members of the African Union's ICC contact group -- Burundi, Mauritania, Namibia, Senegal and Uganda -- knew going in that they lacked the votes to prevail in the Security Council. Opposition from the Britain, France, and the United States all but ensured that the initiative was doomed from the start.
The real aim of the AU's offensive was twofold: to register Africa's dismay over the council's refusal to defer to the region's leaders on a highly sensitive issue and to reinforce Kenya's bargaining position on the eve of negotiations at the Hague over possible amendments to the ICC treaty that would prevent Kenyatta and Ruto from having to sit in the Netherlands for a lengthy trial. The Kenyan government is proposing that its leaders be permitted to sit out their trials entirely, leaving their lawyers to represent them instead. (Here's a confidential copy of the main amendments under consideration.)

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