SHOCK ON MUSEVENI:BOTSWANA WAS RIGHT ON THE ICC!

In a powerful rebuttal of the African Union stand on the ICC, the ICC presidency has vindicated Botswana's stand. Two days ago, as the AU's 50th anniversary celebrations drew to a close, the whole AU membership, except Botswana, supported a resolution to petition the UN Security council in order for Uhuru Kenyatta, Joshua arap Sang and William Ruto's cases to be referred for local trial in Kenya. President Yoweri Kaguta Museveni even claimed that the ICC is planning to detain Mr. Kenyatta when his trial commences on July 9th this year, but this seemed to his tactic of trying to draw attention of the AU membership to the "referral motion". The ICC has issued the following statement in this regard: ICC underlines impartiality, reiterates commitment to cooperation with the African Union: ICC-CPI-20130529-PR908: The Presidency of the International Criminal Court (ICC) issues the following statement in light of reports on discussions concerning the ICC at the recent Summit of the African Union held in Addis Ababa, Ethiopia: “The International Criminal Court acknowledges and respects the African Union’s important role as the continent’s main regional organization. As an impartial international judicial institution, the ICC, including its independent Office of the Prosecutor, strives to maintain good working relationships with all relevant international and regional bodies, including the African Union. The ICC’s relationship with Africa is all the more important considering that 34 African countries are States Parties to the Rome Statute of the ICC. In addition, the majority of the Court’s current investigations were initiated following referrals or requests from the African States in question. The ICC operates strictly within the mandate and legal framework created by the Rome Statute, the founding treaty of the Court, and cannot take political factors into account. Decisions are taken independently on the basis of the law and the available evidence and are not based on regional or ethnic considerations. Judges are the guarantors of the fairness of proceedings before the Court, from the authorisation of investigations to the confirmation or non-confirmation of charges and decisions on guilt or innocence. It must be recalled that cases before the ICC are not only about the suspects or the accused; they also concern the thousands of victims affected by the events under the ICC’s jurisdiction, many of whom are represented in the various proceedings with the help of legal assistance provided by the Court. The ICC does not replace national jurisdictions; it only complements them when necessary. The Rome Statute defines the criteria for deciding whether cases should be tried before the ICC or in a national judicial system, and this determination is made through a judicial process by independent judges of the ICC. In all proceedings before the ICC, suspects as well as concerned States have the possibility to address these matters in accordance with the Rome Statute and the Rules of Procedure and Evidence. While the Rome Statute gives the United Nations (UN) Security Council powers of referral and deferral in relation to the ICC, the exercise of these powers by the Security Council is governed by the UN Charter. The ICC is autonomous from the United Nations and does not participate in the Security Council’s decision-making. However once the Security Council refers a situation to the ICC, the investigation and proceedings that may arise from that situation are governed by the Rome Statute and the Rules of Procedure and Evidence of the ICC and are not influenced by the Security Council or any other external body. The Presidency stresses that the ICC is an independent institution that has a specific, judicial mandate created by States determined to end impunity and to contribute to the prevention of the most serious crimes of concern to the international community as a whole. The ICC counts on the continued support and cooperation of its States Parties in accordance with the Rome Statute and remains fully committed to a constructive and cooperative relationship with the African Union.”