Tag Archives: international

Kenya’s decision for Syrian regime change is not informed

Posted on by

Kenya’s Ambassador & Permanent Representative at Kenya Mission to United Nations, Macharia Kamau, “cautioned that the UN’s call for Mr. Assad to leave office must not be interpreted as an invitation to Western intervention in Syria, as did occur in Libya in response to a UN resolution adopted last year.”

It is ridiculous to not think that the West’s main agenda is to interfere with the internal affairs of and about Syria! Even so, how much success has the west achieved by intervening in chaotic situations in other states, with the promise of bringing about peace and prosperity? Negligible if any, contrary to the so many cases, where much more violence and destruction, became the order of the day, upon the exit of foreign forces. Look back at Somali, Afghanistan, and in that case, Libya. There’s clearly something aloof. Saudi Arabia’s  U.N. Ambassador, Abdallah Y. Al- Mouallimi, was quoted saying, ” today, the U.N. General Assembly sent a clear message to the people of Syria: the world is with you.” A skeptic person may ask: “Is he really representative of Syria’s people and the situation there?” I would rather Bashar Ja’afari, Syria’s U.N. Ambassador’s comments, which actually state more or less contrary, to Ambassador Abdallah’s. (“The resolution will send a message to extremists that “violence and deliberate sabotage” are acceptable and will lead “to more chaos and more crises.”)

In respect to international law, and in the context of sovereignty of states, it is wrong to impose conditions on a state’s people. “In article 2(7) of the UN Charter, it is stated that the charter gives no competence to the UN or to the UN Members to intervene in matters that are substantially under the neutral jurisdiction of a State.” Syria is not a fallen state, unfortunately, the vote defiles the very spirit of these words. Recall that “in the classic view, international law and democracy are simply not related. International law is to remain neutral vis-à-vis any political model.”

References:

East Africa: Kenya Votes At UN for Syrian Regime Change allAfrica.com 18th February, 2012

Stance on Syria proves China as firm supporter of U.N. Charter: expert xinhuanet.com 17th February 2012

China opposes armed intervention or forcing “regime change” in Syria xinhuanet.com 17th February 2012

Egypt recalls its ambassador to Syria xinhuanet.com 19th February 2012

Syria responds “positively” to Al protocol, proposes minor amendments xinhuanet.com 18th February 2012

UN General Assembly condemns Syria The State 16th February 2012

UNSC Declines Kenya Deferral Bid

Posted on by

The Pursuit by the ICC prosecutor, Luis Moreno Ocampo to prosecute the six suspects of the Kenya-Post-Election violence, following the disputed elections in 2007, has seen much unprecedented development. The decision by the Presidency of the International Criminal Court (ICC), authorizing the prosecutor to open investigations into the situation in Kenya, gave Ocampo the opportunity to present his evidence to the Pre-Trial Chamber II for scrutiny in an effort to enforce the issuance of summonses to the Ocampo Six, to appear before the court. On the contrary, the Kenyan President, Mwai Kibaki, appointed a seven-member  team, led by H.E Vice-President, Kalonzo Musyoka, to lobby the 15 United Nations Security Council (UNSC) members to accept Kenya’s bid for deferral of the International Criminal Court cases involving the Ocampo Six.

Diplomats at the UNSC reprobated the Kenyan bid saying Kenya chose a wrong option to seek the 12-month deferral at the UN, rather than presenting its plea directly to the ICC. This decision by the UNSC has nullified the shuttle diplomacy mission being implemented by Kalonzo Musyoka and the President Mwai Kibaki’s wing of government. The pedestal of the shuttle diplomacy is fixed on the idea that Kenya is now in a position of establishing a credible local-tribunal to try the PEV suspects. The proponents of this diplomatic mission argue that trials at the Hague will threaten Kenya’s national stability. However, Article 16, of the Rome Statute, establishing the ICC allows for deferral of cases for countries, in the event that the proceedings at the court threaten international peace. Thus, Kenya on Friday 18th March failed in its quest to overly convince the UNSC that such a threat exists.

Time is speedily running out for any disengaging maneuver upon prosecution of the Ocampo Six at the Hague, now that they have been issued with summonses to appear before the Judges at the ICC on 7th April, and in addition the UNSC decry on deferral of the cases. Kenya can still pursue the deferral option by setting up credible judicial systems that are capable of handling the cases as stipulated in Article 19 of the Rome Statute.

 

References:

www.nation.co.ke, Why Kenya failed to defer ICC cases at Security Council (22nd March 2011)

www.icc-cpi.int, Situations and Cases (22nd March 2011)

www.kbc.co.ke, UNSC declines Kenyan bid on ICC deferral (22nd March 2011)