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Home Articles posted by Solomon Ayele Dersso

The AU’s Extraordinary Summit decisions on Africa-ICC Relationship

Published on October 28, 2013        Author: 

Dr Solomon Ayele Dersso is a senior researcher at the Institute for Security Studies, Addis Ababa and Adjunct Professor of Human Rights, College of Governance, Addis Ababa University.

Introduction

The African Union (AU) Assembly, the highest decision making body of the continental organization, took a decision on Africa’sAfrican Union relationship with the International Criminal Court (ICC) at its extraordinary summit held on 12 October 2013. In this commentary I wish to reflect on the details of the major points of the decision, their likely outcome and their implications with respect to a) the on-going Kenyan cases and b) immediate future of Africa-ICC relationship. (photo, African Union headquarters, credit)

As I will show below, the implication of the decision is that not only that Africa-ICC relationship is today worse than before the summit but also there is serious possibility that it would even get much worse.

Immediate context for the extraordinary summit

With the ascendance of Uhuru Kenyata and William Ruto to power in Kenya through generally free and fair elections taking advantage of the cases opened against them at the ICC, a clear case of tension between popular sovereignty (expressed through the ballot) and the demands of international justice arose. This issue predictably emerged on the agenda of the African Union when Uhuru Kenyata attended for the first time as President of Kenya the summit of the AU Assembly held in May 2013.

During the debate at the AU Assembly, many expressed the view that the continuation of the ICC cases against President Kenyata and his deputy Ruto undermines the sovereignty of the people of Kenya who expressed their will in a vote to represent them as their leaders and threatens the process of reconciliation in the country. The 21st summit of the AU Assembly accordingly adopted a decision (at p. 14) requesting the ICC to refer back to Kenya its cases against Kenyan President Kenyata and his deputy. Read the rest of this entry…