Kenya will become the first country to pull out of the
International Criminal Court after legislators Thursday staged what
amounted to a parliamentary revolt against the trials of the
president and his deputy, scheduled to start next week.
An overwhelming majority of National Assembly members voted after
four hours of largely one-sided debate to "withdraw from the Rome
Statute," the treaty that established the world court in 2002.
The move was a clear snub to Kenya's traditional allies in the
West, who largely support the ICC and who have warned that Kenya
risks isolation if its leaders fail to attend their trials.
Though it will likely play well with the many ordinary Kenyans
whose support for the ICC has eroded as cases have dragged on, the
vote will, in fact, have no effect on the eight separate charges of
crimes against humanity faced by Uhuru Kenyatta, Kenya's president,
or William Ruto, his deputy. Mr. Ruto's trial begins Tuesday in The
"A government's decision would not change Kenya's obligation
under international law ... to fully cooperate with the ICC in
respect of cases that have already been initiated," says Fadi El
Abdallah, spokesman for the ICC.
"It's not possible to stop independent judicial and legal
proceedings via political measures."
Fatou Bensouda, the ICC's chief prosecutor, put it more bluntly:
"The judicial process is now in motion," she says. "Justice must run
Fewer than half of Kenya's 349 legislators were present in the
National Assembly chamber, with its banked rows of red leather-
backed chairs and heavy red, green and black carpet.
Lawmaker Aden Duale, began the debate by saying the motion would
"protect the sovereignty of our country and of our citizens" and
"redeem the image of Kenya."
Another legislator, during raucous speeches, said it was time to
condemn the ICC to "the cesspool of history."
Mass walkoutOpposition legislators, who had said they would try
to block the proposition, walked out en masse when they realized
that they would not have the numbers to overturn the motion.
One, Jakoyo Midiwo, said before she left the chamber, that it was
"a dark day for Kenya" and that the country would "suffer
consequences of pulling out."
Mr. Kenyatta, and Ruto, who deny all the ICC charges, are accused
of having links to election violence that followed Kenya's 2007
election, when they were political opponents.
They are said to have been "indirect co-perpetrators" of the two
months of clashes that left more than 1,100 people dead and some
Both have repeatedly promised to cooperate with the court, a
position that was - officially at least - still in place as the
parliamentary debate got underway.
'Setting the stage'But analysts question if Thursday's special
sitting of the National Assembly, which was recalled from recess for
the vote, was in fact preparing the ground for Kenyatta and his
deputy to turn their backs on the court. …