ICC underlines impartiality, reiterates commitment to cooperation with the African Union

The International criminal court has hit back to the unanimous decision by the African Union Heads of States of having the cases facing three Kenyans be transferred back home.  The Presidency of the International Criminal Court (ICC) on May 29 issued statement in light of reports on discussions concerning the ICC at the recent Summit of the African Union held in Addis Ababa, Ethiopia. The presidency echoed that that it recognizes the effort by the African Union and said the ICC judicial process is in the interest of impartial judicial process.

“The International Criminal Court acknowledges and respects the African Union’s important role as the continent’s main regional organization. As an impartial international judicial institution, the ICC, including its independent Office of the Prosecutor, strives to maintain good working relationships with all relevant international and regional bodies, including the African Union.”

The court farther reminded Kenya that the cases before the court were referral cases and the court would act within its legal frame work to ensure justice is served to all.

“The ICC’s relationship with Africa is all the more important considering that 34 African countries are States Parties to the Rome Statute of the ICC. In addition, the majority of the Court’s current investigations were initiated following referrals or requests from the African States in question.”

“The ICC operates strictly within the mandate and legal framework created by the Rome Statute, the founding treaty of the Court, and cannot take political factors into account. Decisions are taken independently on the basis of the law and the available evidence and are not based on regional or ethnic considerations. Judges are the guarantors of the fairness of proceedings before the Court, from the authorization of investigations to the confirmation or non-confirmation of charges and decisions on guilt or innocence.”

The court farther underlined that justice was in two ways and not one way as the African Union Heads of states put.

“It must be recalled that cases before the ICC are not only about the suspects or the accused; they also concern the thousands of victims affected by the events under the ICC’s jurisdiction, many of whom are represented in the various proceedings with the help of legal assistance provided by the Court.”

“The ICC does not replace national jurisdictions; it only complements them when necessary. The Rome Statute defines the criteria for deciding whether cases should be tried before the ICC or in a national judicial system, and this determination is made through a judicial process by independent judges of the ICC. In all proceedings before the ICC, suspects as well as concerned States have the possibility to address these matters in accordance with the Rome Statute and the Rules of Procedure and Evidence.”

The court farther told the African Heads of states that only the UN Security Council had the powers to defer or refer cases as governed by the UN Charter.

“While the Rome Statute gives the United Nations (UN) Security Council powers of referral and deferral in relation to the ICC, the exercise of these powers by the Security Council is governed by the UN Charter. The ICC is autonomous from the United Nations and does not participate in the Security Council’s decision-making. However once the Security Council refers a situation to the ICC, the investigation and proceedings that may arise from that situation are governed by the Rome Statute and the Rules of Procedure and Evidence of the ICC and are not influenced by the Security Council or any other external body.”

The court cleared air that the process is itself independent and cant not be manipulated by anyone as alleged by the African Heads of States in the 50^th Anniversary of the African Union in Addis Ababa in Ethiopia.

“The Presidency stresses that the ICC is an independent institution that has a specific, judicial mandate created by States determined to end impunity and to contribute to the prevention of the most serious crimes of concern to the international community as a whole. The ICC counts on the continued support and cooperation of its States Parties in accordance with the Rome Statute and remains fully committed to a constructive and cooperative relationship with the African Union.”

On the same issue, Former Premier Raila Odinga faulted the decision by the African Heads of state to politicize the cases before the international court saying African took itself to ICC and not the vice versa. Odinga Reminded Kenyans that the parliament rejected the bill to have a local tribunal paving way for the ICC judicial process which is now out of hand for President Uhuru Kenyatta and His Deputy William Samoei Ruto and a Radio Journalist Joshua Arap Sang. 

Its time Kenya accepts that the cases are before the international criminal court and cooperate if the suspects are sure they are innocent however politicizing the matter would be a subject that needs to be discussed later.