The Pan African Parliament has rejected/deferred a Motion seeking to ask the International Criminal Court Uhuru Kenyatta and his Vice H.E William Ruto.
The Motion moved by Hon. Chief Charumbira (Zimbabwe), was a follow up to a resolution of the Extra Ordinary Session of the African Union held in Addis Ababa, Ethiopia on October 12, 2013 at which Heads of State of AU Member States expressed their opinion about their relationship with the International Criminal Court.
Chief Charumbira asked PAP to resolve that “the trials and other processes against democratically elected and serving Heads of State should be suspended until they complete their terms of office.”
“The principles deriving from national laws and international customary law by which sitting Heads of State and other Senior State officials are granted immunities during their tenure of office be respected and upheld by the International Criminal Court,” he said.
Members were however divided on whether it was necessary to ask the ICC to stay the proceedings considering the deaths and destruction of property in Kenya arguing that there was need to give justice to the victims of the violence following the elections held in December 2007.
Uganda’s Hon. Cecilia Ogwal (FDC, Dokolo) and Hon. Sam Otada (Ind., Kibanda) argued that it’s only ICC that can bring errant African leaders to order since there is no alternative, as the African Court of Justice, set up in 2005, lacks the capacity to handle any case.
The two legislators said Uganda had referred LRA leader Joseph Kony and other top commanders to the ICC because it could not handle their cases.
“As PAP, we should agree whether we are committed to the principle of human rights and justice; and whether we have rejected impunity,” said Hon. Ogwal adding that “Why did the AU not come up with a resolution when (Sudan President) Gen. Bashir was indicted? The AU should be consistent.”
Hon. Otada said that African institutions are nonexistent, or where they are, remained weak, lacked infrastructure and are influenced by the leaders who set them up.
“We had Joseph Kony in northern Uganda; he’s now terrorizing Central African Republic. Do you wish that he goes scot free?” he asked
“Giving solace to sitting presidents means that they will not leave power, so as to avoid being prosecuted.”
Legislators in support of the Motion, however, said that the ICC was set up for political reasons for Western countries to reintroduce colonialism, but not to protect victims of conflicts.
ENDS