The Africa Union Open ended Ministerial Committee on ICC has agreed on withdrawal from the Rome Statute of the ICC by the State Parties to the statute.
The Committee, chaired by Ethiopian Foreign Minister Tedros Adhanom on Monday, April 11 in Addis Ababa, was following on the implementation of summit decisions of the African Union (AU).
The Committee resolved that unless immunity is given to the sitting Heads of State and government as well as senior government officials, the member states will pull out of the ICC.
The meeting also called for recognition of primacy to African judicial mechanisms and AU decision making organs over the ICC.
It also said the powers of the ICC Prosecutor must be reduced.
“The provisions of the African Union charter and constitutive act as well as the decisions of AU Assembly must be respected and take precedent over the Rome Statute and decisions of the any other organ.”
“The African proposals for the Rome Statute proposed by Kenya through the African Group in New York which have been pending must be addressed expeditiously during the November 2016 Assembly of State Parties of the Rome Statute. These proposals include; i) Article 27 – on Immunity, ii) Preambular part of Rome Statute to allow for complementary of regional judicial institutions, iii) Rule 165 – rules of procedure, iv) Article 16 on the deferral of cases, and, v) Article 70 – offences against administration of justice.”
The organ said that there should be speedy ratification by the Member States of the Protocol on the amendment of the Statute establishing the African Court of Justice and Human Rights to make the ICC operational.
The Committee argued that it was unhelpful to pursue warrants of arrests that may have been issued on some other Kenyans following termination of the case against Deputy President William Ruto and Joshua Sang.
It also resolved to meet the United Nations Security Council at the earliest opportunity, and in any case, before the July 2016 AU Summit.
The meeting unanimously resolved that the journey for reforming the ICC mode of operation was not over until that African countries regain their dignity, independence and sovereignty.
The members of the Committee, most of whom attended the last Assembly of State Parties held in November 2015 at The Hague, voiced their disappointment that those that have been lobbying the ICC did not attend, but instead sent junior officials with instructions to oppose whatever was being proposed by ministers from African State Parties.
The meeting was also informed by some delegations of their readiness to immediately withdraw from the Rome Statute.
The Committee said it was alarmed over corruption allegations tabled by Sudan - involving Non-Governmental Organisations (NGOs), the Office of the President of ICC when she worked in the office of the former Prosecutor.
In that regard, the meeting resolved to petition the ASP to undertake further investigations on the matter.
Kenya reaffirmed its contribution of USD $1m dollars to African Court of Justice and Human Rights, which will be made available as soon as it is required.
The Committee committed to pursue ratification by member countries to operationalise the court.