“It is the culture of impunity and individuals who are on trial at the ICC, not Africa.”

Kofi Annan

This weekend marks a very important moment in the history of international justice. In the wake of the controversial decision by the Kenyan Parliament to pass a motion to withdraw from the ICC, member states of the African Union (AU) are gathering in an extraordinary summit to discuss the possibility for African states to either withdraw from the Rome Statute or to end their cooperation with the ICC. Before analyzing the potential outcomes, here are couple of key points made by the AU Assembly in a report from May of this year:

“[The Assembly] DEEPLY REGRETS that the request by the African Union (AU) to the United Nations (UN) Security Council to defer the proceedings initiated against President Omar Al Bashir of The Sudan and Senior State Official of Kenya, in accordance with Article 16 of the Rome Statute of the International Criminal Court (ICC) on deferral of cases by the UN Security Council, has not been acted upon; […]

EXPRESSES CONCERN at the threat that the indictment of H.E Uhuru Muigai Kenyatta and H.E William Samoei Ruto, the President and Deputy-President of the Republic of Kenya respectively, may pose to the on-going efforts in the promotion of peace, national healing and reconciliation, as well as the rule of law and stability, not only in Kenya, but also in the Region.”

This weekend’s extraordinary summit seems to be a reaction to these regrets and concerns. Continue reading →