By Ebi Kesiena
Rights groups have condemned President William Ruto’s decision to sign a Protocol of the Constitutive Act of the African Union, stating that it will hinder the efforts to secure justice for victims of international crimes.
In a statement issued on Tuesday jointly signed by, the Kenya Human Rights Commission (KHRC) and Muslims for Human Rights (MUHURI) maintained that the signing of the Act grants President Ruto immunity against potential international crimes he may commit while in office
According to the rights groups, victims and survivors will find it hard to pursue justice and reparations for international crimes at the ICC and have urged the government to reconsider ratifying the Malabo protocol.
“And it is not him alone. ‘Senior state officials’ will not be prosecuted for similar violations until they leave office,” they said.
Ruto signed the Protocol of the Constitutive Act of the African Union on July 24, effectively allowing for the ratification of the Malabo Protocol.
Malabo Protocol extends the jurisdiction of the yet-to-be-established African Court of Justice and Human Rights (ACJHR) to crimes under international law and transnational crimes.
The Malabo Protocol will be approved within the next three months with October as the deadline but Ruto said Kenya will ratify it in September.
Once adopted, Heads of State of countries that are signatories to the Protocol will henceforth be immune to the International Criminal Court processes unless their cases are referred to The Hague-based court by the African Union.
Article 4 of the Act also insulates senior state officials from prosecution over criminal offences of international nature until they leave office.
The AU adopted the Malabo Protocol in 2014 with the aim of introducing a regional accountability mechanism and reinforcing the concept of “African solutions for African problems”.
The groups expressed concern that the signing of the protocol will have far-reaching consequences internationally and within Kenya.
“KHRC and MUHURI firmly believe that Ruto’s choice is unmistakably aimed at undermining the fundamental right to seek redress and reparations for these victims.
“Refraining from ratification is essential to prevent undermining ICC’s jurisdiction and the fight against impunity,” KHRC and MUHURI said in the joint statement.
Kenya is a signatory to the Rome Statute of the ICC and is obligated to ensure that perpetrators of crimes against humanity are held to account at the Hague.
Ratification of the Malabo Protocol thus renders the task of holding the President and senior government officials accountable at the court exceedingly complex should they commit a crime while in office.
