The East African Standard (Nairobi)

Kenya: NGOs Support Kenya On International Court

Nairobi — A coalition of over 2,000 international non-governmental and civil society organisations has supported Kenya's continued opposition to the signing of a bilateral agreement with the United States to shield US war crime suspects against being prosecuted by the International Criminal Court (ICC).

In letter to President Kibaki, signed by the convenor of the New York based Coalition for the International Criminal Court (CICC), William Pace, the global group said Kenya's stand against the US demand was laudable.

"I am writing on behalf of the CICC to congratulate the Government of Kenya on its continued support and firm opposition to the signing of a bilateral agreement on the non-surrender of US citizens nationals accused of genocide, crimes against humanity and war crimes to the ICC," the letter said in part.

Pace also lauded Kenya's demonstrated commitment to the ICC "as exemplified by ratification of the ICC treaty last March and the recent publication of the International Crimes Bill, which will lead the way to implementing the Rome Statute into domestic law in Kenya."

The CICC is opposed to these agreements because they would violate Kenya's obligations under the ICC treaty, the letter added.

Given the enormous pressure exerted on Kenya by the Bush Administration since 2003 to sign, which includes the threat to lose millions of dollars of both military and governance aid, the Coalition noted that Kenya's decision to uphold its commitment to the ICC treaty and to the concept of equality of all before the law despite the threatened loss of US aid "exemplifies a victory of principle over brute power".

Kenya is among over 50 countries that have also rejected the US demand, which many legal groups say violates international law and the Rome Statute of the ICC.

Last month Ecuador and Mexico publicly said "no" to the immunity agreement.

And Jordan, despite having provided the US with with massiave logistical support in the war in Iraq, has turned down the US demand despite threats by Washington that the Jordan stood to lose millions of dollars in US aid.

In addition, a total of 45 countries have publicly refused to sign the BIA and more than half of the 99 ICC member states have not signed.

In Africa, Benin, Lesotho, Mali, Namibia, Niger, South Africa and Tanzania have also all refused to provide the two-tiered system of international justice that the US is seeking.

The majority of countries who have agreed to the aggressive US immunity scheme thus far have been fragile democracies or small, economically vulnerable nations including the Democratic Republic of Congo and Uganda, who both have situations of alleged human rights violations before the Court currently.

Pace described US' willingness to suspend military aid to Kenya, which plays a major role in UN peacekeeping missions globally and has played a key role in regional peace efforts as short-sighted.

The state-funded Kenya National Commission on Human Rights and the International Commission of Jurists (Kenya Chapter) are members of the CICC.

The BIA policy has also been criticised by senior US military officials.


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