Ruto condemned after signing Immunity Act against ICC
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Ruto signed the Immunity Act shielding himself and other top government officials against potential international crimes (ICC) while in office
Ruto signed the Immunity Act shielding himself and other top government officials against potential international crimes (ICC) while in office.
Rights organizations have denounced President William Ruto’s decision to sign the African Union Constitutive Act Protocol, calling it an insult to victims of international crimes who deserve justice.
The Kenya Human Rights Commission (KHRC) and Muslims for Human Rights (MUHURI) said in a statement on Tuesday that Ruto now has immunity from any potential international crimes he might commit while in office as a result of the Act’s signature.
“And it is not him alone. ‘Senior state officials’ will not be prosecuted for similar violations until they leave office,” they said.
On July 24, Ruto officially signed the Malabo Protocol, the Protocol of the African Union’s Constitutive Act.
The Act signed by President William Ruto on July 24, now means the ICC cannot directly press charges against him on the grounds that he has committed a crime.
The Malabo Protocol broadens the scope of crimes against international law and transnational crimes under the purview of the yet-to-be-established African Court of Justice and Human Rights (ACJHR).
The Court will have jurisdiction to try 14 different crimes, including genocide, crimes against humanity, and war crimes.
The Malabo Protocol will be ratified 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.
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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”.
“Regrettably, the current scenario seems to be contradictory, as the protocol appears to be facilitating the consolidation of impunity among authoritarian leaders,” the rights groups said.
The groups expressed concern that the signing of the protocol will have far-reaching ramifications regarding the quest for justice on behalf of victims and survivors of international crimes 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,” they said.
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.
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