Addis Ababa - The African Union (AU) is due to hold an Extraordinary Session on Friday and Saturday to discuss Africa’s future relationship with the International Criminal Court (ICC).
The Summit of the Heads of State and Government will be preceded by a meeting of the Executive Council of foreign ministers, according to a statement from Ethiopia's Ministry of Foreign Affairs on Monday.
The ICC, based at The Hague in the Netherlands, was established by the Rome Statute, an international treaty adopted in July 1998 and which has been signed by 34 of Africa’s 54 states.
The Statute provides for four crimes -- genocide, crimes against humanity, war crimes and crime of aggression -- to come under the jurisdiction of the court, with the condition that local tribunals should have prior claim on possible jurisdiction before the matter can be referred to the ICC.
Since its foundation, the Court has launched eight investigations in eight situations, all in Africa, namely in Uganda, the Central African Republic (CAR), Mali, Sudan, the Democrtic Republic of Congo (DRC), Libya, Cote d’Ivoire and Kenya.
This exclusive concentration of African cases has led to growing criticism against the ICC for what has been claimed as double standard. The start of the trial of Kenyan Deputy President William Ruto for crimes against humanity after the disputed elections in 2007, and with President Uhuru Kenyatta's trial due in November, has caused further concern.
In May, the AU, at its 21st Ordinary Session of the Assembly, adopted a decision on International Jurisdiction, Justice and the International Criminal Court. The decision expressed the AU’s concern on the way the ICC operates, and the misuse of indictments against African leaders.
It also stated its view that the ICC’s action should not “impede or jeopardize efforts aimed at promoting lasting peace”.
The AU Assembly also backed a request by Kenya for the trials to be referred back to Kenya, on the ground that the ICC hearings risked raising ethnic tensions and destabilizing the country’s economy -- the Court refused.
Some of Kenya’s neighbours also petitioned the ICC for Kenya’s President and Deputy President not to attend the entire trial process. A spokesman for the Kenyan Presidency said Kenya “welcomed the opportunity by African leaders to discuss what is obviously an important matter for the continent”.
In his press briefing last Friday, Ethiopian Prime Minister Hailemariam, who is also the current chair of the AU, said Ethiopia was not a signatory of the Rome Statute but nonetheless supports the AU’s collective stand which holds the view that “the ICC is unjust and biased” against Africans. – SAnews.gov.za-NNN
