Draft
Resolution for
Kenya ICC
Deferral to be
Circulated Nov
1 by
3 Africans
By
Matthew
Russell Lee,
Exclusive
UNITED
NATIONS,
November 1,
updated -- The
day after the
UN Security
Council heard
behind
closed doors
the African
Union's
argument for a
one year
deferral of
the
International
Criminal
Court's Kenya
proceedings,
a
formal draft
resolution for
the deferral
is to be
circulated by
the
Council's
three African
members, Inner
City Press has
learned.
Update:
after 7 pm the
draft was
circulated: 17
preambular
paragraphs,
four Operative
paragraphs.
We'll have
more on this.
Morocco,
Rwanda
and Togo are
the Council's
three African
members, the
latter
two members of
the African
Union. But how
will other
countries
vote?
As
Inner City
Press reported
yesterday, in
the closed
door meeting
Russia and
China said
they supported
the African
position.
Pakistan
does as well.
While
US Ambassador
Samantha Power
declined
comment as she
left the
meeting
with the
African Union
on October 31,
Inner City
Press kept
asking
the US Mission
for its
position.
On the night
of Halloween
Samantha
Power's
twitter had
this runic
view: "Now
that ICC
postponed
Kenyatta's
trial,
Assembly of
State Parties
can weigh in
on
Botswana’s
proposed
revision to
ICC rules of
procedure."
Inner
City Press
posed / posted
a follow-up:
"OK. But
what's
@StateDept
position on
African
Union's
request now,
for Article 16
deferral by
#UNSC?" So
far, no
answer.
On
November 1,
outside the
Council's
meeting on the
Central
African
Republic,
Inner City
Press asked
France's
Gerard Araud
about the
International
Criminal
Court. He
said, on
camera,
that this had
been
answered by
Rwanda's
Ambassador
Eugene-Richard
Gasana, before
you got
here. Really?
Video
here.
Article
16
of the Rome
Statute is
only fifty six
words long:
"No
investigation
or prosecution
may be
commenced or
proceeded with
under
this Statute
for a period
of 12 months
after the
Security
Council, in
a resolution
adopted under
Chapter VII of
the Charter of
the United
Nations, has
requested the
Court to that
effect; that
request may be
renewed by the
Council under
the same
conditions."
Because
of
the citation
to Chapter
VII, the
argument made
in the AU -
Security
Council closed
door meeting
on October 31
was that with
Kenya fighting
in Somalia,
and the
subject of the
terrorist
attack on
the Westgate
shopping mall
in Nairobi,
subjecting its
leaders to a
trial in The
Hague would be
a threat to
international
peace and
security or
would amplify
a threat to
international
peace and
security, the
key phase to
trigger action
under Chapter
VII. For
more,
longer form
analysis is
here, on
BeaconReader.
Watch this
site.
Update:
after 7 pm the
draft was
circulated: 17
preambular
paragraphs,
four Operative
paragraphs.
We'll have
more on this.
, 
