Information service of the Pontifical Mission Societies since 1927
Nairobi (Agenzia Fides)- “Kofi Annan strikes light lightening. His steps are furtive, simple and symbolic but they could mark a turning point for Kenya”. This was how a major daily newspaper in Kenya, The Standard, commented the news that former UN secretary general has supplied the International Penal Court in the Hague with a list of persons suspected of being responsible for violence which bloodied Kenya following presidential elections in December 2007.
Annan announced yesterday , 9 July, that he intended to give the list of names to the Court procurator Luis Moreno Ocampo, after attempts to institute a special court in Kenya failed. Interethnic clashes, which began as protests against the electoral victory of president Mwai Kibaki, caused 1500 deaths and left 300,000 homeless. Thanks to mediation by Annan, in early 2008 an agreement was reached between Kibaki and his political rival, Raila Odinga, who became prime minister of a coalition government.
Annan's decision came as a surprise to Kenyan politics, who appeared to want to slow down the institution of a special Kenyan court to judge persons suspected of being responsible for the violence. The related Bill has been blocked for some time by the local parliament. The procurator charged with the inquiry, Philip Waki (see Fides 21 October 2008), set a dateline of March 1st. After that date, Waki gave Annan a sealed envelope with the names of suspects, including, reportedly, the names of present government ministers.
Annan started a process which could lead to Kenyan political leaders being accused and affected by warrants of arrest by the International Penal Court, which has begun to investigate the incidents in Kenya. Kenya, having signed the Treaty of Rome which instituted the Court, is obliged to arrest persons wanted by the Hague Court.
For several commentators Annan's decision to send the International Penal Court a list of persons suspected of being involved in the violence is a way to exercise strong pressure on the parliament of Kenya to pass a law to create a special court to try these people in Kenya rather than in The Hague.
According to an agreement reached last week between Ocampo and a Nairobi government delegation, Kenya has 12 months to create a special court. After that the case will be taken over by the International Penal Court. The Statute of Rome, which created the International Penal Court, foresees that the latter can only intervene if a state fails to prosecute on its own crimes against humanity committed on its own territory. (L.M.) (Agenzia Fides 10/7/2009 righe 32 parole 396)
