Originally published on the CGS blog on September 9, 2013.
The Parliament of Kenya passed a motion to withdraw from the International Criminal Court (ICC). Coincidentally, this is happening just before Kenyan President Uhuru Kenyatta and Deputy President William Ruto are to face trial at The Hague for crimes against humanity. The defense counsel made some efforts to have the cases dropped or moved closer to home, but were unsuccessful. The prosecution will charge Kenyatta and Ruto with orchestrating violence following the 2007 elections, in which 1,200 people were killed. Parliament’s intentions are suspicious. Proceeding with this withdrawal could set a bad precedent of countries nixing international cooperation to further their own agenda.
In support of Parliament’s decision, majority leader Adan Duale points out that the United States is not an ICC member; Bill Clinton and George W. Bush both refused to join in order to protect US citizens from politically-motivated prosecutions. Duale says, “I am setting the stage to redeem the image of the Republic of Kenya.”
According to the Rome Statute, which established the ICC, a state may withdraw with written notification to the UN’s secretary-general. However, withdrawal does not take effect until the following year and does not affect the state’s obligation to comply with criminal investigations and proceedings already underway. It is unclear whether the Kenyan government intends to honor this obligation if they move forward with the withdrawal.
In addition to reaping no legal benefit, Duale is sorely mistaken if he thinks being the first nation ever to withdraw from the ICC will do anything positive for Kenya’s image. Kenya’s Coalition for Reforms and Democracy says, “The withdrawal from the ICC will be inconsistent with and defeat the purposes and objectives of the Constitution of Kenya.” William Pace, a convener of the Coalition for the ICC, calls the motion a setback, claiming it will tarnish Kenya’s reputation as a supporter of international human rights.
The ICC is an important avenue for addressing the harmful effects of political conflict. It represents a source of accountability and justice when national courts fall short. If Kenya goes through with the withdrawal, it will at best diminish their international standing without impacting the upcoming trials. At worst, it will weaken international cooperation and pave the way for other countries to skip out when accountability becomes inconvenient for them.
http://www.china.org.cn/world/Off_the_Wire/2013-09/06/content_29953566.htm
