United Kingdom says Security Council not the right place to address deferral request

By MACHARIA MWANGI

NAIROBI, KENYA: The United Kingdom (UK) government has followed suit to explain why it abstained from tossing a vote at Friday’s United Nations Security Council meeting regarding President Uhuru Kenyatta and Deputy President William Ruto’s ICC case postponement.

A statement by the British Permanent Representative to the United Nations Security Council, Sir Mark Lyall Grant sheds light on the explanations given by the United Kingdom for abstaining from voting.

The statement says that though the UK understands the desires to allow Kenya’s heads of state to fulfil their constitutional duties, the Security Council was not the right place to address those concerns but at the International Criminal Court (ICC).

The UK government noted that the ICC had previously acted independently on such requests about case proceedings noting that President Kenyatta’s case previously scheduled to start on October 31, 2013 was pushed forward for the third time - to February 2014.

It furthers adds that, “The Court rightly takes such decisions independently on the basis of applications made by the defendants. These developments demonstrate a constructive, creative and legally proper response to the concerns raised.”

Similar to France, the UK noted that the ICC has taken a couple of decisions that have helped in the mitigation of African Unions concerns.

“Nobody, least of all the United Kingdom, underestimates the gravity of the security challenges in the Horn of Africa. But the question before the Council today is whether or not continuing with the ICC’s proceedings constitutes in itself a threat to international peace and security. In our view, it does not and we, therefore, do not consider that the criteria for deferral under Article 16 of the Rome Statute are met. We have, therefore, abstained on the draft resolution,” Britain said.

In the statement the UK declared its long lasting and deep relationship with Kenya and commitment to peace and security in the horn of Africa and the continent.

Ambassador Grant expressed UK’s disappointment at disagreements within the council on the matter but hopes to help constructively by addressing concerns of the African Union.