Experts: International Criminal Court may yield to AU demands
Updated Wednesday, May 29th 2013 at 00:17 GMT +3
By ALLY JAMAH
Kenya: Africa Union decision seeking referral of cases facing President Uhuru Kenyatta and his Deputy William Ruto in Addis Ababa, Ethiopia follows a similar resolution passed last year.
The resolution, released July 16 last year, after an Ordinary Session of the AU also mandated AUcommission to present an objection to United Nations against International Criminal Court(ICC) cases facing Uhuru and Ruto.
Law Society of Kenya chairperson Eric Mutua says the AU resolution, accompanied by the threat from African States to withdraw may help to turn the tide in favour of the Kenyan suspects.
He explained that since African States have a significant leverage over the ICC due to their huge membership of 34, their request cannot fail to make an impact on ICC Prosecutor Fatou Bensouda against convicting President Kenyatta.
Judicial process
"The court wouldn't want to lose such a huge number of members. Infact, if African States walk away from the court, the institution would lose at least 80 per cent of its work. It would be left much weaker than ever. The AU decision is a political strategy to influence a judicial process. The ICC is a creature of politics and its work may often be influenced by political decisions outside the court," he said. He explained that the AU move has no legal impact on the crimes against humanity cases facing Uhuru and Ruto, but it is a tactic to intimidate the judicial process at The Hague to suit political interests.
Lawyer Mbuthi Gathenji told The Standard that the request by AU was not in vain since it was putting significant pressure on Bensouda to drop the cases and have them referred back to Kenya.
Gathenji said that if he were Bensouda, he would have relieved himself of the burden of trying the cases, claiming that they are gradually falling apart and getting a conviction would prove difficult.
"We have seen several significant witnesses recant their evidence against Uhuru and Ruto. One of the judges also withdrew from the case citing shortcomings on how the investigations were conducted by the prosecutor. So the case is difficult to win," he said.
He added it was not impossible for the cases to be terminated and referred back to Kenya.
"Kenya has both the jurisdiction and the machinery to deal with the cases. There is absolutely no reason why the cases cannot be returned here. So going to the AU is a wise move that Uhuru did," he said.
ICC Outreach Co-ordinator for Kenya Maria Kamara said a previous application by government to defer the cases to Kenya failed to convince the judges that the country was conducting genuine investigations.
Gathenji indicated that International Crimes Division of the High Court can handle the cases, adding that such a mechanism is already in operation in Uganda.
He noted the Kenyan case is unique since it was not referred to the ICC by the Government. He said the ICC prosecutor took the initiative to investigate and try the cases after the country failed to establish a credible local mechanism.
"There is nothing wrong with the court. It is just that the prosecutor is not handling the process correctly leaving some people to feel that she is being used to drive a certain agenda against African leaders," he said.
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AROMA PATRICK-THE TRUE SON OF UGANDA!!!THIS IS MY COUNTRY!!!THIS IS MY MOTHERLAND-THE PEARL OF AFRICA DOES NOT BELONG TO THE MAFIAS ALONE,I WHO IS WALKING IN THE SHADOWS OF DEATH DAILY AND LIVING ON BORROWED TIMES UNDER GOD'S PROTECTION SINCE I SHOULD HAVE BEEN DEAD,BURIED SIX FEET UNDER-I,THE UNWANTED AND HATED,THE MOST VILIFIED AND SABOTAGED,THE DOWNTRODDEN AND CRIPPLED,THE INNOCENTLY DELIBERATELY TORTURED AND PERSECUTED IS ALSO A SHAREHOLDER AND A STAKEHOLDER WITH FULL RIGHTS AND FREEDOMS TO PARTICIPATE IN ITS DEVELOPMENT AND TRANSFORMATION IN ALL SECTORS AND SPHERES-NO GOING TO EXILE,NO RETREAT AND NO SURRENDER TO THE MAFIAS!!!THE END MUST SET ALL UGANDANS FREE AND CREATE A BETTER LIFE FOR ALL!!! "THE RIGHT TO BE TREATED WITH RESPECT AND COURTESY,THE RIGHT TO LIVE AND THE RIGHT TO DIGNITY ARE NOT FAVORS TO BE BESTOWED BY ANYBODY:THEY ARE THE BIRTH RIGHT OF EVERY HUMAN BEING"DECLARES PRESIDENT YOWERI MUSEVENI AT THE BEGINNING OF HIS BUSH WAR IN 1981!!!page 182-The Minds of Achievers-The Seeds of Greatness by GRACE MUSIIME MUGYENZI,Get a copy of this book at Uganda Book Shop-Opposite Communication House,Kampala.
MANAGING DIRECTOR
CAMKWOKI INVESTMENTS LIMITED
Dealers in General Merchandise, Agro Input and Chemicals and Agro- Processing
LIRA BUS PARK SHOP NO:57/ LABOURLINE TRADING CENTER AND BAL-PE MARKET ON ALEBTONG-BARR ROAD
P.O Box 268-LIRA,TEL:+256-782-658-458
A VICTIM OF APARTHEID ETHNICALLY ENTRENCHED GENOCIDAL CUM TERRORIST MAFIA DICTATORSHIP OF MUSEVENI,SUPER -BLOODY MAFIA STRATEGIST AMAMA MBABAZI,THE DEADLY SAM ENGOLA/MUSEVENI LANGO HENCHMAN AND THEIR MAFIAS OPPOSITION/LANGO MAFIA NETWORKS PLUS A VICTIM OF NORTHERN UGANDA NRM GRAND HUMAN RESOURCE DESTRUCTION POLICY OF ITS POTENTIALS AND GRAND NRM ECONOMIC SABOTAGE PLANS TO KEEP THE NORTH PERPETUALLY IN POVERTY/TURN US INTO BEGGARS,A NORTHERN UGANDA GENOCIDE SURVIVOR,MY RIGHT LEG BROKEN ON 24/JUNE/2001 IN FRONT OF SAM ENGOLA LIRA HOTEL IN THE PRESENCE OF PRESIDENTIAL GUARD BRIGADE WHO PROTECTED MUSEVENI IN LIRA WHILE CAMPAIGNING FOR SAM ENGOLA THAT DAY-SURVIVING DEATH MIRACULOUSLY DUE TO GOD'S PROTECTION AND I ESCAPED SEVERAL MURDER ATTEMPTS ON MY LIFE RIGHT FROM 2000 TO DATE-POLITICALLY PERSECUTED,ECONOMICALLY SABOTAGED IN BUSINESS AND MY NGO PROJECTS, DENIED ALL THE OPPORTUNITIES IN LIFE/ EDUCATION-EXPELLED FROM MAKERERE UNIVERSITY IN FOURTH YEAR WHILE PURSUING BACHELOR OF LAWS AND COMPLETELY FRUSTRATED IN TERMS OF PERSONAL DEVELOPMENT,SOCIALLY DISLOCATED -ISOLATED AND LIVING IN PAINED PHYSICALLY,MENTALLY,EMOTIONALLY WHILE SPIRITUALLY FOUGHT WITH NRM EVIL SPIRITS(MAYEMBES/KIFARO) AND CULTURALLY UPROOTED BECAUSE OF OPPOSING/DISAGREEING WITH MUSEVENI & HIS NRM MAFIA POLITICAL PARTY,HAILING FROM A WRONG REGION/ TRIBE/CLAN .I PATRICK AROMA TO THE BEST OF MY KNOWLEDGE AFFIRM AND CONFIRM THAT WHAT I HAVE STATED HERE IS THE TRUTH AND THE WHOLE TRUTH NOTHING BUT THE TRUTH.CAN YOU IMAGINE THIS BEING DONE TO YOU OR YOUR SON BY YOUR OWN GOVERNMENT??? A MAFIA GOVERNMENT IN MY OWN MOTHERLAND WHO HATES TO SEE MY PROGRESS, PERSONAL DEVELOPMENT AND PROSPERITY -IF THIS IS NOT APARTHEID THEN WHAT IS IT ??? FROM 1999-2004 I WAS ON TEL:NO 0772-621-761 which MTN MADE IT IN ACCESSIBLE/BLOCKED AND LATER SOLD TO ANOTHER PERSON BEFORE TAKING ON 0782-658-458.ALL MY COMMUNICATIONS AT THAT MATERIAL TIME CAN BE ACCESSED ON 0772-621-761.
MY FIFTY YEARS DEADLY JOURNEY TO THE GOLDEN TRAGEDIES OF OUR MOTHERLAND-WHY I NEVER CELEBRATED THE JUBILEE!!!
1962-1975-1 was not yet born
1976-1979-IDI AMIN MURDERED MY UNCLES THE LATE HON: AROMA MARTIN,EMOR BEN AND MY FATHER THE LATE PETER OGWAL
1980-1986
WE SURVIVED ON RELIEF FOOD (YELLO POSHO +BEANS) under very difficult conditions as orphans though we had plenty of cattle that was eventually stolen by NRM/UPDF
1986-2000 My Childhood Destruction
NRA/UPDF STOLE ALL OUR CATTLE WHEN I WAS LOOKING AFTER THEM AND RAPED MY COUSIN SISTER IN MY PRESENCE
Museveni SURAMBAYA FIGHTER JETS BOMBS OUR HOME VILLAGE-FIVE KILOMETERS FROM LIRA TOWN AND I SURVIVED AS MANY INNOCENT CIVILIANS WERE KILLED PLUS LIVE STOCKS
Alice Lakwena War BEGAN that really exposed us to a lot of dead bodies bombed,shot and cut with matchetes LYING LIFELESS FROM OUR VILLAGE TO LIRA TOWN
Gen: David Tinyefuza OPERATIONS NORTH where even Children were not spared KIBOKO-we were thoroughly caned by UPDF as they arrested the 18 famous Northern Uganda Politicians at that material time
2000-2012
NRA Mafias start my PERSECUTION at Makerere University
Breaking of my leg
Expulsion from Makerere
Museveni STATE HOUSE PLUS THEIR MAFIA NETWORKS ON MY HOT PURSUIT DEVISING ALL STRATEGIES TO MURDER ME
2012 ON WARDS
- STILL SURVIVING THE MAFIAS,LIVING IN FEAR AND PAIN,BEING HUNTED LEFT,RIGHT AND CENTER BY MAFIAS PLUS THEIR NETWORKS.
- ON 29/JANUARY/2004 DURING RADIO ONE EKIMEEZA TALKSHOW AT CLUB OBBLIGATTO I REVEALED THE PRESENCE OF MUSEVENI CHEMICAL AND BIOLOGICAL WEAPONS OF MASS DESTRUCTION BOUGHT FROM NORTH KOREA AND IRAN-THAT WAS HIDDEN UNDER GULU AIRPORT HUNKER AND THE UNITED NATIONS GRABBED,DESTROYED AND TOOK AWAY THE REMAINING ONES TO UNKNOWN DESTINATION-THIS IS ONE REASON WHY PRESIDENT MUSEVENI AND HIS MAFIAS CAN NEVER-NEVER-I SAY NEVER FORGIVE ME SINCE I EXPOSED AND SPOILED THEIR DEADLY DESTRUCTIVE AGENDA FOR NORTHERN UGANDA!!!
ON-TOP OF THE ABOVE,NO TERM LIMITS PROMOTING LIFE PRESIDENCY, CREATING HOPELESSNESS, UNCERTAINTY & CONSOLIDATING APARTHIED PLUS TRIBALISM, THERE IS MASSIVE POVERTY,UNEMPLOYMENT,HUMAN RIGHTS ABUSES,IMPUNITY,MURDERS,INEQUALITY,GENOCIDE,DISUNITY IN THE COUNTRY,ETC
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