Kenya opposes US sanctions on the ICC

By  Hilary Kimuyu

Correspondent

Nation Media Group

Kenya and other members of the International Criminal Court have rallied behind the tribunal, in a growing confrontation with the United States.

However, Nairobi is also critical of the Court's failures including targeting specific regions for cases.

"The ICC deserves serious criticism for failing to live up to the mandate and expectations for which it was established and for being selective in its focus," said Dr Korir Sing'oei, Kenya's Foreign Affairs Principal Secretary.

"What it needs is urgent reform. Not sanctions. Kenya will continue to work with State Parties to reform the court."

Uganda, on its part, seemed to channel American criticism of the Court, with the Foreign Minister Adonia Ayebare warning to withdraw from the tribunal if it investigates or indicts Ugandan citizens.

The spark was touched off by the US, a non-member of the ICC, which has lately warned of the Court's overreach including targeting American and Israeli officials. Washington subsequently announced a package of sanctions on the ICC, beginning in six months.

Kenya and Uganda have in the past criticised, used and then criticised the Court. At one time, Kenya wanted out of the Court. Now, Kenya is campaiging for Lady Justice Njoki Ndung'u to be among judges of the Court. Both Kenya and Uganda have had judges at the Court, and had their citizens face the Court.

The United Kingdom, Canada, Denmark, France, Germany, Italy, Japan and the Netherlands condemned Washington's planned sanctions against the court, warning that the measures could undermine its ability to investigate and prosecute suspects accused of the gravest international crimes.

In a joint statement issued on October 9, the eight countries reaffirmed their commitment to the court's independence, impartiality and integrity, saying the sanctions would affect its operations, staff and their families.

"We, the undersigned States Parties to the Rome Statute of the International Criminal Court (ICC), reaffirm our continued and unwavering support for the independence, impartiality and integrity of the ICC," the foreign ministers said on Friday.

They added that they "regret and strongly disagree with the announcement of sanctions to be imposed upon the Court by the United States".

The coordinated response could put several of Washington's close allies on the side of the court as US President Donald Trump's administration escalates its opposition to the ICC's exercise of jurisdiction over cases involving American and Israeli nationals.

US Secretary of State Marco Rubio announced the sanctions on October 9, accusing the court of exceeding its authority and threatening American sovereignty and national security.

"President Trump will never allow the International Criminal Court to prosecute Americans," Rubio said, warning that Washington would continue efforts to dismantle what he described as a threat to the country.

The United States is not a party to the Rome Statute, the treaty that established the ICC, and has long opposed the court's potential jurisdiction over citizens of countries that have not joined the agreement.

The Trump administration's dispute with the court has centred partly on its investigations into Afghanistan and arrest warrants issued against Israeli leaders over alleged crimes in Gaza.

The ICC maintains that its jurisdiction is determined by the Rome Statute and applicable international law, setting up a wider dispute over the reach of international justice and the limits of national sovereignty.

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