PANAPRESS
Panafrican News Agency
Nigeria proposes amendment to ICC Articles
Addis Ababa, Ethiopia (PANA) - Nigeria has proposed that certain Articles of the Rome Statute, establishing the Hague-based International Criminal Court (ICC), should be amended to bring them in conformity with the tenets of customary international law, conventions and norms.
The proposal was made Saturday by President Goodluck Jonathan when he addressed the extraordinary Summit of the African Union (AU) in Addis Ababa, Ethiopia, called to discuss Africa’s relationship with the ICC.
He said the articles proposed for amendment were of grave concern to Africa, particularly Article 27 which denies immunity to all persons without regard to customary international law, conventions and established norms.
Jonathan continued: "Similarly, Articles 63 and 98 need close scrutiny and review and there is also the need to align Articles 27 and 98.
"While the work of the ICC is immensely useful for the achievement of a world without crimes against humanity, genocide and other acts of impunity, it would be fair to say that in Africa today, the wave of democratization has engendered greater commitment to the rule of law and respect for fundamental human rights.
"Indeed, the Constitutive Act of our Union explicitly prohibits war crimes, genocide and crimes against humanity with clear sanctions for violations. I am convinced that our Union and the ICC are united in our principles and objectives on these matters.
"This is why the profound dissatisfaction that has been expressed about the Court’s relationship with Africa deserves the special attention that this Assembly is paying to it at this session."
He said the refusal of the ICC to accede to the requests by the AU member-states for the deferral of the cases involving the President of Sudan, the President and Deputy President of Kenya had left many African leaders 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," President Jonathan noted.
He said "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."
Jonathan urged the summit not to lose sight of the legal identity of the AU relative to the obligations of States Parties of the Rome Statute. Some 34 African countries, including Nigeria, are signatories to the Statute.
"Given that not all AU members are signatories to it, it is important that we balance our interests in a manner that enables signatory and non-signatory members to express solidarity with one another on matters arising from their obligations," he said, adding that "In this regard, it is important that we maintain our unity and speak with one voice on Kenya."
According to Jonathan, "In expressing my support for Kenya on its difficulties with the ICC, I will like to acknowledge that five years after the post-election violence of 2007, Kenyans 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."
The Nigerian leader, however, urged the Kenyan Parliament to hasten its consideration of the Report of the Truth, Justice and Reconciliation Commission to facilitate the implementation of its recommendations in order to accelerate the process of national healing.
He said that 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.
-0- PANA VAO 12Oct2013
The proposal was made Saturday by President Goodluck Jonathan when he addressed the extraordinary Summit of the African Union (AU) in Addis Ababa, Ethiopia, called to discuss Africa’s relationship with the ICC.
He said the articles proposed for amendment were of grave concern to Africa, particularly Article 27 which denies immunity to all persons without regard to customary international law, conventions and established norms.
Jonathan continued: "Similarly, Articles 63 and 98 need close scrutiny and review and there is also the need to align Articles 27 and 98.
"While the work of the ICC is immensely useful for the achievement of a world without crimes against humanity, genocide and other acts of impunity, it would be fair to say that in Africa today, the wave of democratization has engendered greater commitment to the rule of law and respect for fundamental human rights.
"Indeed, the Constitutive Act of our Union explicitly prohibits war crimes, genocide and crimes against humanity with clear sanctions for violations. I am convinced that our Union and the ICC are united in our principles and objectives on these matters.
"This is why the profound dissatisfaction that has been expressed about the Court’s relationship with Africa deserves the special attention that this Assembly is paying to it at this session."
He said the refusal of the ICC to accede to the requests by the AU member-states for the deferral of the cases involving the President of Sudan, the President and Deputy President of Kenya had left many African leaders 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," President Jonathan noted.
He said "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."
Jonathan urged the summit not to lose sight of the legal identity of the AU relative to the obligations of States Parties of the Rome Statute. Some 34 African countries, including Nigeria, are signatories to the Statute.
"Given that not all AU members are signatories to it, it is important that we balance our interests in a manner that enables signatory and non-signatory members to express solidarity with one another on matters arising from their obligations," he said, adding that "In this regard, it is important that we maintain our unity and speak with one voice on Kenya."
According to Jonathan, "In expressing my support for Kenya on its difficulties with the ICC, I will like to acknowledge that five years after the post-election violence of 2007, Kenyans 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."
The Nigerian leader, however, urged the Kenyan Parliament to hasten its consideration of the Report of the Truth, Justice and Reconciliation Commission to facilitate the implementation of its recommendations in order to accelerate the process of national healing.
He said that 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.
-0- PANA VAO 12Oct2013
