{{The African Union will hold an extraordinary summit this week to discuss its continued cooperation with the International Criminal Court (ICC).}}
Diplomats say member states of the court, which was founded primarily to try genocide, war crimes and crimes against humanity, are expected to discuss a possible united pullout from the ICC.
African countries account for 34 of the 122 parties to have ratified the Rome Statute, the court’s founding treaty, which took effect on July 1, 2002.
But the ICC is instead urging African states, who appear unhappy about the handling of the cases of Kenya’s leaders, to instead register their grievances with the Assembly of State Parties who are signatories to the Rome Statute, instead of resorting to the AU.
The 15th extraordinary AU summit will be held October 11 and 12 in Addis Ababa at the request of Kenya and Mauritania with only two items on the table for discussion.
The meeting comes exactly a month to the opening of the trial of Kenyan President Uhuru Kenyatta at The Hague for crimes against humanity.
As such, its resolutions would be closely studied, including whether the African Union would actually change the tenor or its relations with the ICC.
According to the draft agenda, on the first day of the AU meeting, delegates are expected to discuss Africa’s relationship with the ICC and the election of the Commissioner for Peace and Security.
Among those listed to speak during the opening session will be AU Commission chairperson Dr Nkosazana Dlamini-Zuma and Ethiopia’s foreign minister Tedros Adhanom before the delegates go into private discussions that will last approximately six and half hours.
The second item on the agenda would be the election and appointment of the Commissioner for Peace and Security.
The meeting takes place behind closed doors with the executive council of the foreign ministers attending on the first day of the meeting.
The Heads of State will then meet the following day to ratify the decisions of their ministers. Dr Dlamini-Zuma says 35 of 54 countries have confirmed attendance.
{{‘Not judicial’}}
The second day of the summit of the Heads of State will also be in closed session, except the opening remarks by Dr Dlamini-Zuma and Ethiopia’s Prime Minister Hailemariam Desalegn who is also AU chairperson.
However, the ICC believes the best forum for the discussion would be an assembly of signatories to the Rome Statute.
“It is important to discuss openly all the issues that are in the mind of the leaders. We believe that the best place for that would be within the Assembly of State Parties of the Rome Statute because this is not a judicial discussion,” ICC spokesman Fadi el-Abdallah said.
Mr Abdallah added that ICC was not targeting any particular person but working in the interest of victims.
“We want to highlight that the ICC is intervening to protect the victims and not to target the accused. We need to always remember that there are thousands and thousands of victims and this is for whom the ICC is intervening and for the future generations because we need to stop the repetition of such crimes and the only way to stop that is to show that justice is taking its own course,” Mr Abdallah said.
The AU endorsed a resolution supporting the referral of the ICC cases against President Kenyatta, his deputy William Ruto and journalist Joshua back to Kenya.
Uganda, Tanzania, Rwanda, Burundi,and Eritrea have appealed to have Mr Ruto excused from continuous presence during the trials but this was rejected.
The ICC maintains that it is not targeting Africa as a continent, pointing out that many of the cases under investigation in Africa were referred to the court by the countries themselves.
NMG











