Sitting head of state immune from ICC charges: AU

Sunday, October 13, 2013

Addis Ababa - African leaders emphasised on Saturday the immunity of a sitting head of state from charges and prosecutions by any international court, effectively precluding a trial against Kenyan President Uhuru Kenyatta by the International Criminal Court (ICC).

In closing remarks after the two-day African Union (AU) summit -- which was attended by President Jacob Zuma, among others -- AU chairman Hailemariam Desalegn said the meeting had adopted the decision to speak with one voice and send a strong political message on Africa's relationship with the ICC.

"In this regard, we have reaffirmed the principles deriving from national laws and international customary law, by which a sitting Head of State or Government and other Senior State Officials are granted immunities during their tenure of office," said Desalegn, who is also the Ethiopian Prime Minister.

"Accordingly, we have agreed that no charges shall be commenced or continued before any international court or tribunal against any serving Head of State or Government, or anybody acting or entitled to act in such capacity during his or her term of office.

"To safeguard the constitutional order, stability and integrity of member States, we have resolved that no serving AU Head of State or Government or anybody acting or entitled to act in such capacity, shall be required to appear before any international court or tribunal during his term of office," he said.

African countries have decided to set up a Contact Group of the Executive Council to undertake consultations with the UN Security Council, in particular its five permanent members, to address "concerns of the AU in its relationship with the ICC".

Ethiopian Foreign Minister Tedros Adhanom told reporters that the African Union would request the UN Security Council to delay the ICC proceedings, and until such a response is give, President Kenyatta should not appear before the ICC.

Kenyan President Uhuru Kenyatta and Vice-President William Ruto have been charged with crimes against humanity by the ICC for their alleged links to Kenya's post-election violence in 2007-2008.

New Peace and Security commissioner

The summit also appointed the new AU Commissioner for Peace and Security, Ambassador Smail Chergui. His appointment follows the recent resignation of Ambassador Ramtane Lamamra, who has been appointed as Foreign Minister of the People’s Democratic Republic of Algeria.

The assembly adopted a declaration on Africa’s solidarity with and support to Libya; a declaration of solidarity with Kenya following the terrorist attack on Westgate Mall in Nairobi, and a declaration on the Lampedusa tragic boat incident.

President Zuma was accompanied by the Ministers of International Relations and Cooperation, Maite Nkoana-Mashabane, and Justice and Constitutional Development, Jeff Radebe. – SAnews.gov.za-Xinhua