China’s ambassador to the United
Nations has said that his country
supports the Africa-backed resolution
calling for deferral of the ICC cases
against Kenya’s leaders.
“We fully understand the concerns of
the African Union and also the
concerns of the Kenyan government,”
ambassador Liu Jieyi said at the UN
headquarters in New York. “China
supports the Security Council in
actively and positively responding to
the call of the AU and the Kenyan
government.”
VETO POWER
Mr Liu is also serving as the president
of the security council this month. His
country is one of the five permanent
members of the security council.
(READ: China backs African bid to
suspend ICC Kenya case )
“Kenya’s leaders, who were
democratically elected by the Kenyan
people, and their dignity, should be
fully protected and respected,” he
said, and asked the council to “ensure
that the Kenyan leaders can
concentrate on discharging their
constitutional duties, including
playing a very constructive regional
role in peace and security.”
China’s position puts it at odds with
the position taken by the US, Britain
and France, which are also permanent
members with veto power over
council resolutions.
Russia, the fifth permanent member,
is believed to favour a resolution
seeking a one-year deferral of the
proceedings against President
Kenyatta and Deputy President
William Ruto.
Mr Liu did not indicate specifically
when the resolution will be taken up
by the 15-member council.
“The usual practice,” he said, “is that
council members will have
consultations on a draft resolution
and decide on what course of action
the council will take.”
At a news conference outlining the
council’s programme of work for
November, the Chinese envoy framed
the effort to defer the ICC cases as
consistent with the need to maintain
international peace and security.
The council is legally able to initiate a
deferral of ICC prosecutions only
when it judges such an action to be
consistent with maintenance of
international peace.
“We believe the security council,
according to the Charter of the United
Nations, should support efforts of
regional organisations to maintain
peace and security,” he said. “As an
important country in Africa, Kenya
plays a significant role in maintaining
regional stability, mediating regional
issues and countering terrorism.”
The ICC said it excused Mr Ruto from
the courtroom because the reasons
his defence gave met the exceptional
circumstances threshold.
While giving the reasons for the
excusal yesterday, presiding judge
Chile Eboe-Osuji said the chamber
was satisfied with the reasons in Mr
Ruto’s application, which was largely
made in a private session.
Mr Ruto was on Friday excused from
being in the courtroom for the whole
of this week. (READ: Ruto flies back
home as talks on ICC falter)
“The chamber is satisfied that the
circumstances are exceptional. The
meetings for Mr Ruto and President
Uhuru Kenyatta were planned when
the schedule did not foresee extension
of the current session,” he said.
The chamber also held that the
criteria for excusal set in the
judgement of the Appeals Chamber of
October 25 were met.
The chamber agreed with the Ruto
defence that adjournment, which is
one of the alternatives available to it,
would not be feasible since there is
witness 268 on the stand whose
testimony cannot be disrupted.
MEETING WITH REFUGEES
President Kenyatta left for an official
visit to South Africa and Botswana on
Monday and is expected home today.
And Mr Ruto is required to chair a
meeting on refugee and drought on
Thursday and Friday.
Both the prosecution and the victims
had opposed the Ruto request arguing
that granting him the excusal would
make his absence the general rule
rather than the exception.

Posted by Blyth on 12:49. Filed under . You can follow any responses to this entry through the RSS 2.0