Demba
If Uhuru Kenyatta is elected president, his ICC indictment for crimes against humanity will present a diplomatic minefield to the international community. Kenya is quite a significant country and is home to one of the UN's four major global office complexes, and headquarters of its Environment, and Habitat, programmes.
It is also a vital centre of operations against international terrorism, meaning that the US and its European partners are likely to tread very carefully in the event of Kenyatta's election. Given Kenya's strategic location and proximity to the 'terrorist' flash points in Somalia and its environs, diplomatic calculations will likely take primacy in western national security concerns.
From a purely legal perspective,
the Rome Statute does not recognize sovereign immunity, meaning that Kenyatta can be arrested and flown to the Hague to answer charges of crimes against humanity, one of the three crimes currently recognized by the Court. And this notwithstanding he was cleared by the Kenyan judicial system to contest the presidency!
Kenyatta is unlikely to encounter any problems in Africa,
the Middle East, and even some parts of the Far East as far as the ICC arrest warrant. Witness Bashir of Sudan who is still at large notwithstanding his indictment by the ICC some five years ago. The fundamental question is whether Kenyatta can be an effective President if he must stay out of the EU, and the United States, two regions where an ICC arrest warrant is likely be executed.
If Kenyatta is elected, Kenya as a country will go against the ICC. The AU, and the Arab world, are already in that bracket in light of their opposition to
surrendering Bashir of the Sudan. Although the law is clear that Kenyatta has no immunity, I cannot see him at The Hague if only because of the immense and critical diplomatic issues embedded in any attempt to transfer him, and his running mate, to the Netherlands.
Kenya's election violence appear not to be a suitable case for the ICC, and it is quite regrettable we are at this point in that unfortunate transaction. We are here only because of Africa's governance deficit!
LJDarbo
From: Demba Baldeh <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, 5 March 2013, 18:09
Subject: [G_L] Jombo Kenyatta's son Uhuru Kenyatta Possible New President - of Kenya???
Uncle Sainey,
Was wondering if you or history students such as Dr. Jallow could put some light on the possibility of former Kenyan leader Jombo Kenyatta's son becoming new President of Kenya? Any recollection of Jombo Kenyatta's reign in Kenya, role in fighting for Independence in Africa and promotion for African Unity and Pan African-ism...
It can be noted that Uhuru Kenyatta is currently allegedly indited by the ICC for previous crimes and killings in Kenya... Would this Jeopardize his potential Presidency and what would it mean on the credibility of the ICC... LJD any opinion on this????
Thanks
Demba
--
"Be the change you want to see in the World"
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