Friday, September 6, 2013

Untimely withdrawal from the ICC




Good People,

 

Where Democracy clash with Justice in a test of time, in principle, there usually is a vacuum in leadership and constitutionally, this calls for Vote of No Confidence in the leadership who will be seen to have failed to give direction to Lawgivers to stay on the path of Democratic values at which leaders are elected. 

 

Democracy in the process of Governance are based on peoples chooses in Trust to manage public service delivery through peoples voting rights.  The elected officials accordingly, occupy public office to do business and carry out demands for governance on peoples behalf. 

 

When Democracy is threatened, extraordinary measure calls for extra-judicial process for resolution.  Democracy and legal justice must go hand in hand in delivering of the Law that are the guiding principles for good governance.  These principles lay in checks and balances based on Transparency, Accountability with Integrity.  In the process, leaders are needed to offer efficient, secure and reliable public service.

 

When Presidency with elected leaders fail to put Democracy to work as mandated, it becomes clear there is vacuum with dis-joints causing disconnection from the arm of Justice to dis-function from the way it should. 



Since Democracy cannot function in the absence of Legal Justice, it then calls for extraordinary measures to determine the reason for its failure.



Quote:
 
"The National Assembly Thursday passed a motion to introduce a bill, within 30 days, seeking pull Kenya out of the Rome Statute that forms the ICC.
The lobby group argues that the motion demonstrates the country’s first step towards non-cooperation with the Court.
“We are fully aware that the motion has zero effects on the Kenya situation cases, Kenya obligations to the Rome Statute (Article 127 of Rome Statute, and Constitution of Kenya 2010 specifically Articles 2(6), 10 and 143(4),” the lobby groups argue.
“We also note that since beginning of 2008, government of Kenya has never credibly investigated and prosecuted the middle and lower persons responsible for committing the crimes directly on the ground.”...................and Certainly, the idea to withdraw could be pre-empting the possibility, even remote, of anyone attempting to activate a motion of presidential impeachment under article 145 of the Constitution.

 

Failures to comply could be determined on the scale of self-interest vs. public interest.  This could give rise to formation of an Interim Government to transion for an elected Government when current Government is disqualified from Vote of No Confidence.

 

When investigation reveals public interest was put on the alter for sacrifice to protect self interest, that is enough proof there was conflict of interest that played a greater role in the murder of Justice which is a declaration of incompetency with irresponsibility failing and causing ineffectiveness of public service delivery. 

 

This gives rise to a Constitutional option to take extra-judiciary action on Vote of No Confidence to allow Legal process as mandated, to complete the next course of action in order to save Democratic principles from collapsing in the hands of failed leaders who are after protecting self interest instead of public interest.

 

Good people, once again, people are the Government.  It is peoples interest and security that are at stake, that need urgent protection.




Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA http://socioeconomicforum50.blogspot.com






Bunge lajadili kujiondoa kutoka ICC huku wabunge wa CORD
wakitoka nje
http://www.youtube.com/watch?v=eiu7z5h9lng

Published on Sep 5, 2013

Katika tukio litakaloingia katika daftari la kihistoria, bunge la kenya limepitisha hoja ya kuwasilisha mswada wa kenya kujiondoa kutoka mktaba wa Roma katika siku 30 zijaazo. Mkataba huo wa roma ambao tuliudhinisha mwaka wa 2005, ndio unatufungamanisha na mahakama ya kimataifa ya jinai, icc. Hoja hii hata hivyo ilipita baada ya mjadala mkali, huku upande wa upinzani wakipinga vikali na kisha kuondoka bungeni. Upinzani ulionya kwamba hatua ya bunge leo itaashiria tunakaidi mahakama ya icc na kutuma uujumbe kenya ambayo ina kesi mbili mbele ya icc haitashirikiana na mahakama hiyo. Wakijitetea waliounga mkono hoja hiyo walisema hatua ya leo ni kulikomboa taifa kutoka minyororo ya ukoloni.
Watch KTN Streaming LIVE from Kenya 24/7 on http://www.ktnkenya.tv
 
 
Anti - ICC Motion
Published on Sep 5, 2013
Anti - ICC Motion
Watch KTN Streaming LIVE from Kenya 24/7 on http://www.ktnkenya.tv
 
 



Friday, September 6, 2013

FRANCESCHI: Untimely withdrawal from the ICC


In Summary

We are witnessing one of those uncommon ironies where democracy seems to clash with justice.

By Lui FranceschiMore by this Author
Winston Churchill’s wit was almost comparable to our local Churchill.
He was once told by Lady Astor: "Winston if you were my husband, I would poison your coffee." Churchill answered: "Madam, if I were your husband I would drink it."
To drink poisoned coffee is no joke. Parliament is very close to poisoning “Kofi” by passing the motion to withdraw from the ICC.
Truly, the current ICC process is very unique. Most international criminal tribunals have been set up as courts of victors to punish the losers.
This is what happened when the Treaty of Versailles proposed in 1919 an international tribunal to try Wilhelm II of Germany. This is also what happened 1945 at the Nuremberg Tribunal to try war crimes and crimes against humanity in 1946 with the International Military Tribunal for the Far East, to try Japanese war criminals.
It also happened in 1993 with the International Criminal Tribunal for the Former Yugoslavia and a year later with the International Criminal Tribunal for Rwanda.
Unexpectedly, in our case, the ICC found itself judging victors. This is quite uncommon. The accused were not past rulers or sitting presidents, but newly elected leaders. We are witnessing one of those uncommon ironies where democracy seems to clash with justice.

 
UNCOMMON SCENARIO
This uncommon scenario has thrown people and institutions out of balance. One of them is Parliament.
Parliament does not seem to realise the gravity of the untimely withdrawal motion. The intention that moved lawmakers to decide in favour of such motion could be genuine but quite damaging for the on-going process.
The Treaty Making and Ratification Act regulates ratification and withdrawal of treaties. Section 17 states: “Where Kenya wishes to withdraw from a treaty, the relevant Cabinet Secretary shall prepare a cabinet memorandum indicating the reasons for such an intention.” The Act instructs that withdrawal should follow a similar process as the one for ratification. This due process should be followed.
Certainly, the idea to withdraw could be pre-empting the possibility, even remote, of anyone attempting to activate a motion of presidential impeachment under article 145 of the Constitution.

 
FALSE IDEA
It may also be based on the false idea that a withdrawal will terminate the on-going process. This is not true. Withdrawing will not stop the on-going process. Running away will only make it worse.
Why worse? The judges will not read withdrawal as an act of loyal support, concern and unity against the falsely accused.
Regrettably, it will send a desperate message to the judges. This negative message will be badly enhanced by the presence of 100 MPs at The Hague. This may jeopardise the process in unforeseeable ways.
This is not the moment of using political tools. They will make matters worse. This is rather the time to use all possible “legal” tools to manage the process; of being a legal realist, as Joseph Weiler often says: Examine every judge, how they think, why, every piece of evidence.
In the end, the greatest victory for the accused in any court process is to be absolved of any charges. All energies should go into the intricacies of the case itself and put politics aside.
When Kofi Annan was called in 2008 to mediate the post-election crisis in Kenya he declared: “I saw the crisis … with a Kenyan government unable to contain the situation or protect its people. I knew that if the international community did not intervene, things would go hopelessly wrong.”
If the withdrawal process goes through what will happen if there is a future regrettable conflict? Will there be any Kofi around? Will we have drunk poisoned “Kofi”?


COMMENTS:

GregTwiss
a day ago3
"This is not the moment of using political tools. They will make matters worse. "
After manipulation of the press, the citizenry, the election process, and abuse of the office of the AG in blocking cooperation and the mustering of the AU, all attempts to block the process have failed. Intimidation and threatening of witnesses has failed, and the untimely "death" of Mutula Kilonzo has also not succeeded in loosening the noose around the necks of those accused.
And this explains why this motion was brought in parliament - because the accused cannot conceive of it being worse. All attempts to scupper the process have failed. The evidence for conviction is obviously very compelling, otherwise this effort would not have been made - and the motion in parliament was certainly not tabled without the explicit permission and even at the behest of the masters who these MPs so slavishly follow.
This last-ditch attempt is, as you already said, partly to block any motion for impeachment, but also to "prepare" the Kenyan people - somewhere down the line - for the refusal of the accused to go to The Hague. They will then be painted as the victims (as they are already being) and the correct legal interpretation of their responsibilities and indeed of the Kenyan constitution, will be blatantly violated.




Friday, September 6, 2013

US urges Kenya to 'seek justice' for poll violence victims



Parliament passes motion to withdraw Kenya from Rome Statute

In Summary

  • Members of the National Assembly pass motion to initiate the process of repealing the International Crimes Act and withdrawing Kenya from the Rome Statute.
  • President Kenyatta, his deputy William Ruto and former radio presenter Joshua Sang are facing charges of crimes against humanity in The Hague court.

The US State Department urged the Kenyan government on Thursday to "fulfill its commitments to seek justice for the victims of the 2007-2008 post-election violence."
"We note President Kenyatta’s recent statements affirming his commitment to ensure that Kenya meets its international obligations as a party to the Rome Statute," the statement said.
It adds that "the United States is dedicated to supporting the rule of law and working to ensure accountability for crimes against humanity."
Washington made no reference to its warning earlier this year that Kenya would face unspecified "consequences" if voters chose certain candidates -- understood to be Uhuru Kenyatta and William Ruto -- for the country's highest offices.
The US is not a party to the Rome Statute, which established the ICC.
On Thursday, Members of the National Assembly passed a motion to initiate the process of repealing the International Crimes Act and withdrawing Kenya from the Rome Statute.
PARIAH STATE
Cord MPs stormed out of the chambers saying they would not want to be part of a process they said would end in Kenya being a pariah state and jeopardise the cases at the ICC.
The passing of the motion means that the government can now write to UN Secretary General Ban Ki-Moon notifying him of Kenya’s intention to withdraw from the Rome Statute.
The National Assembly also resolved to have a Bill introduced within the next 30 days to repeal the International Crimes Act through which Kenya domesticated the Rome Statute.
President Kenyatta, his deputy William Ruto and former radio presenter Joshua Sang are facing charges of crimes against humanity in The Hague court.
They are accused of plotting, financing and executing the 2008 post-election violence in which 1,133 Kenyans were killed and more than 600,000 displaced from their homes.
Mr Ruto’s and Mr Sang’s trial starts next Tuesday while that of Mr Kenyatta opens on November 12.

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14 hours ago

Drama as MPs vote to pull out of Hague

Members of the National Assembly Thursday passed a motion to initiate the process of repealing the International Crimes Act and withdrawing Kenya from the Rome Statute.






15 hours ago Pulling out of treaty ill-advised, says Cord




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ICC Judges allow Bensouda to appeal decision on amending charges against Ruto


Updated Friday, September 6th 2013 at 14:57 GMT +3
By Standard Digital Reporter
NAIROBI, KENYA: Pre-Trial Chamber II of the International Criminal Court on Friday granted the Prosecutor leave to appeal the decision rejecting the amendment of the temporal scope of the charges against Ruto and Sang.


Lobby groups say Kenya hostile to ICC


Updated Thursday, September 5th 2013 at 20:39 GMT +3
By Standard Reporter
Kenya: The motion for withdrawal from Rome Statute of the International Criminal Court in the Kenya National Assembly signals the first direct hostility of Kenya to the International Criminal Court, according to lobby groups International Center for Policy and Conflict (ICPC) and Kenya Transitional Justice Network (KTJN).


The National Assembly Thursday passed a motion to introduce a bill, within 30 days, seeking pull Kenya out of the Rome Statute that forms the ICC.
The lobby group argues that the motion demonstrates the country’s first step towards non-cooperation with the Court.
“We are fully aware that the motion has zero effects on the Kenya situation cases, Kenya obligations to the Rome Statute (Article 127 of Rome Statute, and Constitution of Kenya 2010 specifically Articles 2(6), 10 and 143(4),” the lobby groups argue.
“We also note that since beginning of 2008, government of Kenya has never credibly investigated and prosecuted the middle and lower persons responsible for committing the crimes directly on the ground.”
The groups add that this is a demonstration of lack of will to punish serious crimes subsequently ending prevailing climate of endemic impunity on part of the government of Kenya.








ICC vows to continue prosecution of Kenyan leaders despite vote to withdraw from court


Globe and Mail

Thursday 5th September, 2013


In this Saturday, March 2, 2013 file photo, then Kenyan Presidential candidate Uhuru Kenyatta, center-right, and his running mate William Ruto, center-left, greet the crowd as they arrive at the final election rally of Kenyatta's The National Alliance party at Uhuru Park in Nairobi, Kenya. Kenya's parliament began action Thursday, Sept. 5, 2013 to withdraw from the International Criminal Court, just before the country's President Uhuru Kenyatta and Deputy President William Ruto face trial at The Hague for allegedly inciting post-election violence, although even if Kenya formally withdraws from... - See more at: http://www.kenyanews.net/index.php/sid/216870481/scat/a262965e0c331d64#sthash.zjHTLBYh.dpuf




Parliament passes motion to withdraw Kenya from Rome Statute



Updated Thursday, September 5th 2013 at 19:37 GMT +3
By Standard Reporter
Nairobi, Kenya: The National Assembly Thursday afternoon passed a motion to introduce a bill, within the next 30 days, seeking to end Kenya’s membership of the International Criminal Court.


The House reopened to debate on the controversial Motion that was introduced in Parliament by Majority Leader Aden Duale.
The heated debate comes just days before Deputy President William Ruto and former radio presenter Joshua arap Sang trial at The Hague begins.
Members of the CORD coalition walked out of the House in opposition of the motion.
More to follow.



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CORD: Kenya must not contemplate withdrawal from Rome Statute



Updated Thursday, September 5th 2013 at 19:43 GMT +3
By Standard Reporter
Nairobi, Kenya: Coalition for Reforms and Democracy ( CORD) has criticised the move by the government seeking to pull Kenya out of the Rome statute.


CORD argued that the Court’s objective is partly to put an end to impunity so that the perpetrators of serious crimes within the jurisdiction of the court, including crimes against humanity, are punished.
“Kenya’s membership to the Assembly of State Parties of the International Criminal Court is a demonstration of the people’s sovereign will, in action, to be part and parcel of the family of nations which since the creation of the United Nations have reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person,” read a statement from CORD secretariat.
CORD says that withdrawal from the International Criminal Court will be inconsistent with and defeat the purposes and objectives of the Constitution of Kenya adding that the thinking has not helped former and current leaders of Libya, Cote d’Ivoire and Sudan to run away from or be shielded from international justice.
“For Kenya to remain faithful to the Constitution as enacted and proclaimed on 27th August 2010 we must not contemplate withdrawing from the Rome Statute. Kenya cannot exist outside the realm of international law in all situations,” read the statement.
Thursday, the National Assembly passed a motion to introduce a bill, within 30 days, seeking to withdraw the country from the Rome Statute the forms the ICC.
If successful, Kenya will be the first country to pull out of the International Criminal Court.
“Merely a forthright ago the United Nations General Assembly reaffirmed its full support for the International Criminal Court and Kenya should not take lightly the resolutions and Commitment of the World body,” says CORD.




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