As
AU Asks Year
ICC Deferral
for Kenya,
Western
Speculation,
Vote Counts
By
Matthew
Russell Lee
UNITED
NATIONS,
October 31 --
Amid calls by
African
diplomats for
the
International
Criminal Court
(and the UN
Security
Council) to
show
some respect
for The
Continent,
ambassadors filed
into UN North
Lawn
conference
room 7 on
Thursday
morning
for an
interactive
dialogue on
the ICC and
Kenya.
Inner
City Press put
questions to a
number of
African Union
ministers,
including one
fastest to
say: "Six
months?"
Meaning, would
a deferral of
six months on
the ICC's
Kenya cases be
acceptable?
(The AU
and Kenyan
letters were
first put
online by
Inner City
Press, here.)
The
answers,
nearly
uniformly,
were "Twelve
months" only.
Some
went further
and said the
relationship
between
African
countries and
the ICC (and
by implication
the Security
Council)
should be
reformed.
Of
the Western
Permanent
Three,
France's
Gerard Araud
arrived first;
his
colleague at
the French
mission who
used to work
for the ICC
chatted
with South
African's
former
ambassador to
the UN, now to
the AU, Baso
Sangqu.
Similarly in
conversation,
Russia's
Vitaly Churkin
went in, as
did China's
Liu Jieyi.
Then
US Ambassador
Power arrived,
via elevator
so presumably
by car. She
gave a
pleasant
hello; jokes
or any
references to
the Boston Red
Sox
were eschewed.
Then came the
UK's Mark
Lyall Grant,
who did joke
on
Twitter about
the Red Sox.
But
what are these
countries'
position on
the deferral
request? For
now
here's an
argument they
advance: if
they gave a
deferral based
on the
argument that
Kenya just
suffered a
terrorist
attack, then
in another
case "a
dictator"
could feign or
cause his own
terrorist
attack.
This
argument
misses that
this is not
really law,
precedents are
not
binding. There
is a claim
that the ICC
is purely
legal, not
political
but that is
hardly true.
The decision
that President
Kenyatta
wouldn't have
to be
"continuously
present" at
this trial
was meant to
forestall the
AU request to
the Security
Council.
French
ambassador
Araud told
Inner City
Press he
believed with
that ruling,
there would be
no need to
deal with the
deferral
request.
He was
wrong.
A
question now
is, when would
a resolution
to grant a
twelve month
deferral be
unveiled? One
African
diplomat
Wednesday
night told
Inner
City Press so
far they have
"seven sure
votes" in
favor.
Inner City
Press counts
more. But what
about the
veto? Watch
this
site.
Footnote:
At first,
Inner City
Press was
the only media
outside
the
meeting. A
French media
came, briefly;
then later two
media
from Africa.
The comparison
to an
"interactive
dialogue" in
the same
location in
July
featuring
Saudi-sponsored
Syria
rebel Ahmad al
Jarba was
telling: for
that, there
was a throng
of media,
promotions by
the
Gulf
& Western
heavy UNCA,
a UNTV
camera
stakeout.
As the AU
diplomat said,
and as the new
Free
UN Coalition
for Access
@FUNCA_info
asks, where's
the respect?