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| President Uhuru Kenyatta |
The experts met last week but could not agree on the request backed by a resolution of the African Union. The discussed a draft resolution by AU members at the council-Rwanda, Togo and Morocco ahead of the anticipated vote. The resolution will be officially drafted and presented for a vote.
"Clearly, no further negotiations will change the hard-line stance at whatever level, so soon the resolution will be presented for a vote," a source privy to the discussions said.
On Sunday, influential US newspaper supported the ICC cases against the Kenyan leaders saying they were self-inflicted. New York times published a 380 word editorial accusing Uhuru and Ruto of an "all-out attack" on the ICC. The paper said the pair are "doing everything they can to discredit the institution by accusing it of racial bias and of being a Western tool."
The paper said Kenya refused to set up a local mechanism and insisted that victims of post election violence deserve justice. "More than 1,100 people died in the ethnic clashes. They are the real victims here, and they deserve justice," it said.
The paper however conceded that ICC process may be flawed. It said the court nevertheless remains the court of last resort to deliver justice for voctims of conflict in countries that lack the capacity or will to do so.
It criticized AU's May resolution accusing the court of targeting Africans: "What it really should have focused on, and applauded, is that the court is also defending Africans, including the 1,100 Kenyans slaughtered in 2007-8."
New York Times editorial resonates well with sentiments expressed by the US on October 31 during the council's interactive dialogue with the AU contact group of ministers on the deferral issue.
On leaving the meeting, US permanent representative to the UNSC Ambassador Samantha Power tweeted: "Justice for victims of post election violence in Kenya key." She also wrote that since the ICC had postponed Uhuru's trial, the Assembly of State Parties on ICC should take up Kenya's grievances.
Kenya was seeking the deferral in order to allow the two leaders to protect and enhance regional peace and security in light of persistent terrorism threats.
It also wanted a deferral to allow for time to implement the anticipated amendments to Rome Statute's rules of procedure and evidence. The amendments are aimed at making it easier for both Uhuru and Ruto to executive their presidential roles while at the same time facing ICC.
AllAfrika
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