Key regional meeting to debate court expansion

By Felix Olick

Nairobi, Kenya: The stage is set for a crucial meeting between justice ministers and attorney generals of the African Union to consider an expansion of the African Court.

The officials from AU member countries are scheduled to meet in Addis Ababa, Ethiopia, tomorrow and Friday to consider a draft protocol to expand the authority of the African Court to include criminal jurisdiction, similar to the International Criminal Court (ICC).

If adopted, the African Court on Justice and Human Rights would have jurisdiction over genocide, war crimes and crimes against humanity.

But ahead of the meeting, civil society organisations have raised the red flag over a proposal providing immunity for heads of State and senior government officials from prosecution.

A joint letter signed by about 30 civil society organisations warned that the proposal to give immunity to sitting government leaders would be a major setback for justice for grave crimes.

“We are writing this letter because we are gravely alarmed by the provision of any immunity for serious crimes committed in violation of international law. We respectfully ask your government to oppose such immunity in this draft protocol,” the letter sent to the AU member states reads in part.

The organisations cautioned that the move would create an incentive for perpetrators of mass crimes to hold on to power indefinitely.

The consideration of the draft protocol comes at a time of intense opposition to the ICC by some African leaders, particularly in the face of proceedings against President Uhuru Kenyatta and his deputy William Ruto.

Speaking to The Standard yesterday, AG Githu Muigai did not confirm whether Kenya would be represented at the meeting.