Kenyatta Becomes First ICC Indictee to Address the UN Security Council

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Sept. 24, 2013 – Kenya’s President Uhuru Kenyatta became the first International Criminal Court indictee to address the Security Council when on Wednesday he spoke at US President Barack Obama’s summit meeting on foreign terrorist fighters.

In one sense, his presence was fitting. Kenya has suffered more than most countries as a result of foreign terrorist fighters. Kenyatta cancelled his visit to last year’s high-level segment of the General Assembly because of the Westgate Mall terrorist attack which killed 67 people. The anniversary of the attack was on Sunday.

Al-Shabab militants claimed responsibility for the assault on the mall saying it was retribution for Kenya’s troop presence in Somalia, where the group has its home base.

But Kenyatta’s presence in the chamber where decisions on upholding international peace and security are made is also troubling. He was indicted on five counts of crimes against humanity over the post-election violence in 2007-08 that killed more than 1,100 people.

In November last year, the Council rejected a resolution that would have delayed the start of his trial when a draft text pressed by the African Union failed to garner enough votes. Seven Security Council members voted for the draft resolution while the eight others abstained.

After the November 2013 Security Council vote, US Ambassador Samantha Power, explaining her abstention, said: “The families of the victims of the 2008 post-election violence in Kenya have already waited more than five years for a judicial weighing of the evidence to commence. We believe that justice for the victims of that violence is critical to the country’s long-term peace and security. It is incumbent on us all to support accountability for those responsible for crimes against humanity.”

As it stands, the trial is in danger of collapsing. On Sept. 5, the Office of the Prosecutor of the ICC filed a notice to the court stating that it will “not be in a position to proceed” with the trial against Kenyatta which was scheduled to start on Oct. 7.

The prosecution said an adjournment is required because it does not have the evidence available to prove Kenyatta’s alleged criminal conduct beyond a reasonable doubt but added that it would be “inappropriate” to withdraw the charges completely as the Government of Kenya has not complied with the Court’s requests.

On Friday Sept. 19, he was ordered to appear before the tribunal on Oct. 8 where judges want to question him over claims that his government has withheld documents.

Kenyatta repeatedly argues that he needs to remain in Kenya to fight al-Shabab and attend to state business.

He denies organizing the ethnic massacres after the 2007 election.

- Denis Fitzgerald
On Twitter @denisfitz

Image: ICC website.