Kevin J. Kelley
4 April 2005
Nairobi — The United States is attempting to "blackmail" Kenya into giving US nationals immunity from prosecution by the International Criminal Court (ICC), an advocacy group charged last week.
Kenya is feeling "enormous pressure" from the Bush administration to sign a so-called Article 98 agreement that would prevent Americans on Kenyan soil from being turned over to the ICC, said the convener of a New York-based coalition comprised of 2,000 groups worldwide that support the International Criminal Court.
The US is threatening to cut an unspecified amount of military aid to Kenya unless the Kibaki government signs an Article 98 agreement. The confrontation is occurring now because Kenya recently ratified the treaty that establishes the world's first permanent war-crimes court.
The ICC support group is urging Kenya to stand firm against US demands. But William Pace, convenor of the Coalition for the International Criminal Court, acknowledges that "Kenya has to consider the threats to the welfare of its people."
The US has already retaliated against several countries, including Tanzania and South Africa, that have refused to guarantee immunity to US nationals. Hundreds of millions of dollars in assistance have been cut in those cases, according to Mr Pace.
The punishments do not always involve strictly military aid. Ecuador lost about $10 million in US support for elementary schools and child immunisation, Mr Pace reports.
Washington worries that its soldiers serving abroad could become targets frivolous or politically motivated prosecutions through the ICC. The Bush administration withdrew US support for the court, which began operations three years ago, and has been campaigning hard for Article 98 exemptions for US citizens. A total of 99 countries have signed such deals.
The coalition supporting the court praised Nairobi for ratifying the ICC treaty last month, saying Kenya "continues to play a leadership role in peace-building in the most troubled areas of Africa."
The ICC is active in Uganda, investigating war crimes committed by the Lord's Resistance Army.
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