Prove your impartiality to Africans, Jonathan tells ICC

President Goodluck Jonathan has  declared that the International Criminal Court (ICC) is yet to prove to the whole world that it is not biased against African leaders.

He made this remark while speaking at Extraordinary Session of African Union (AU) Heads of State and Government in Addis Ababa, Ethiopia, on the subject of Africa’s relationship with the International Criminal Court.

Even as its work is useful to achieving a world without crimes against humanity, genocide and other acts of impunity, he said that ICC should take concrete steps to prove that it is not biased against African leaders as being alleged in some quarters.

Pointing out the cases involving Presidents of Sudan, Kenya and his deputy, he said that ICC seemed to be devoting unusual energy on African cases than other continents.

He said: “It is also the reason why the refusal of the International Criminal Court to accede to the requests by our member-states for the deferral of the cases involving the President of Sudan, and now, the President and Deputy President of Kenya has left many of us in the African continent disappointed.”

“Many are concerned that the African Union’s principled position that African leaders should not be targeted by the ICC has been ignored, and that the ICC, despite its universal jurisdiction, seems to be devoting unusual energy and enthusiasm to the prosecution of cases from Africa, compared to cases from other parts of the world.”

“If the Court is concerned about this implied allegation of bias; it has not, in our opinion, taken enough pro-active steps to address it and allay the fears of concerned stakeholders. We think it should.”
Urging African leaders not to lose sight of the legal identity of AU, he charged the 34 African countries who are signatories to the States Parties of the Rome Statute, to mobilize requisite support to achieve reforms in the shortest time possible.

Jonathan said: “It will also 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 mobilize requisite support to achieve reforms in the shortest time possible.”

Noting that certain Articles of the Rome Statute are not in the interest of Africa, he said: “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.” He said

On the need to speak with one voice on Kenya, he said: “Given that not all members of the Assembly are signatories to it, it is important that we balance our interests in a manner that enables signatory and non-signatory members of our Union to express solidarity with one another on matters arising from their obligations. In this regard, it is important that we maintain our unity and speak with one voice on Kenya.”
He said that five years after the post-election violence of 2007 in Kenya, the people have proven to the world that they are capable of expressing their sovereign wishes in a free, fair and credible manner in accordance with democratic norms and values.

“This is a clear demonstration to the world that the people of Kenya are in the best position to determine their own future and deal with their past.” He stated

To accelerate the process of national healing in Kenya, Jonathan also urge the Kenyan Parliament to hasten its consideration of the Report of the Truth, Justice and Reconciliation Commission to facilitate the implementation of its recommendations.

“What remains is for the international community, in particular, the ICC, to give the elected leaders of Kenya the space to discharge their mandate in meeting the aspirations and needs of their people.” Jonathan said