ICC Prosecutor Under Fire as African Union Backs Kenya

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International Criminal Court Prosecutor¹ Luis Moreno-Ocampo is under fire as the African Union backs Kenya in its bid to stall trials aimed at the country's election violence.

Once viewed in Kenya as a hero, ICC Prosecutor Luis Moreno-Ocampo is now under fire in Africa, as the country moves forward with plans to forgo² its own proceedings³ at the international court.

The prosecutor was, just months prior, seen as Kenya's only hope for justice. After naming surprise suspects in his two cases probing Kenya's violence, however, he has been accused of being "drunk with power" by Kenyan politicians.

The African Union is now jumping into the fire. Speaking at the A.U. Summit in Addis Ababa over the weekend, Chairman Jean Ping assured the Court of African support, but accused Moreno-Ocampo of bias⁴. Ping highlighted the lack of court action in Gaza, Iraq and Burma (Myanmar) as evidence of a double-standard against African states.

On Sunday, the Executive Council of the African Union endorsed⁵ Kenya's request for deferral⁷. The Summit will close Monday with a final session involving Africa's leaders. If the session produces support for Kenya, the continental⁸ body could then submit a formal request to the U.N. Security Council. Last week, the leader of the International Criminal Court's member states, President of the Assembly of States Parties Christian⁹ Wenaweser, warned against such a course of action.

"I have made it quite clear that from the perspective of the States Parties this would be a far more problematic course of action that has a number of legal and political pitfalls," said Wenaweser. "First of all, it would not be an expression of continued cooperation with the court by the Kenyan government. It would also implicitly¹⁰ be a statement that the situation here poses a threat to international peace and security."

In its bid to defer⁶ the Kenyan trial, leaders in Nairobi are arguing for a local mechanism¹¹ to deal with the violence.
Wenaweser expressed support for the local efforts, but urged Kenya to work with the court, rather than around it. The Liechtensteiner diplomat¹² told reporters the ICC judges also could grant Kenya a deferral if evidence of substantial efforts made towards a local mechanism were presented.

Kenya attempted to address the 2007-2008 post-election chaos¹³ through the Truth, Justice and Reconciliation¹⁴ Commission, established in 2009. Despite many hopes, an ethics¹⁵ scandal engulfed¹⁶ its chairman and the commission never began work.
Many politicians believe the judicial¹⁷ reforms envisioned in the new constitution will help address the violence.