President Goodluck Jonathan on Saturday
said it was important that the
international community, in particular the
International Criminal Court, should give
the elected leaders of Kenya the space to
discharge their mandate in meeting the
aspirations and needs of their people.
Jonathan spoke while faulting certain
Articles of the Rome Statute which, he
said, were of grave concern to Africa.
Specifically, Jonathan faulted Article 27 of
the Statute, which denies immunity to all
persons. Such denial of immunity, he
said, was without regard to customary
international law, conventions and
established norms.
Jonathan made the submission in his
statement at the extraordinary session of
African Union Heads of State and
Government in Addis Ababa, Ethiopia, a
copy of which was made available to our
correspondent in Abuja.
The session was called, among other
objectives, to discuss Africa’s relationship
with the ICC, especially as it related to the
trial of Kenya’s President, Uhuru
Kenyatta, and his Deputy, William Ruto,
who are facing charges of crimes against
humanity for allegedly helping to
orchestrate post-election violence in the
country.
He said, “It will be useful to point out the
limitations of the Rome Statute in order
to strengthen the ICC and reposition it for
greater fairness and equity in the
discharge of its noble responsibilities.
This Assembly should urgently call its
members in the Assembly of States Party
of the Statute to mobilise requisite
support to achieve reforms in the shortest
time possible.
“Our position is that certain Articles of the
Rome Statute are of grave concern to
Africa. In particular, Article 27, which
denies immunity to all persons without
regard to customary international law,
conventions and established norms, must
be amended.
“Similarly, Articles 63 and 98 need close
scrutiny and review. There is also the
need to align Articles 27 and 98, with a
view to bringing them in conformity with
the tenets of customary international law,
conventions and norms.”
Jonathan said in making deliberations on
the ICC, it would be wrong to lose sight of
the legal identity of AU relative to the
obligations of States Parties of the Rome
Statute, to which 34 African countries,
including Nigeria, are signatories.
He said it was important that all member-
states balanced their interests in a
manner which enable signatory and non-
signatory members of the union to
express solidarity with one another on
matters arising from their obligations.
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