非洲的ICC最后通牒带来的困境西

内罗毕 (法新社) – 非洲联盟的国际刑事法院要求推迟对肯尼亚的领导试验是不可能得到安理会的支持，但带来的西方列强两难, 分析人士说，.

上周六的非盟首脑会议戛然而止从海牙为基础的国际刑事法院撤销的, 但它迫切要求对肯尼亚总统乌呼鲁·肯雅塔和他的副手威廉·鲁托案件押后，以便他们能够履行自己的职责，管理国家.

“该声明发出错误讯息, 在非洲大陆上的政客将会把上面的那些战争罪行受害者的政治利益, 危害人类罪和灭绝种族罪,” 说Tawanda Hondora, 大赦国际副主任.

The Kenyan leaders have been charged with crimes against humanity for allegedly masterminding the ethnic violence that left at least 1,100 dead after disputed 2007 选举.

Justice for the victims and a clear stand against immunity for heads of state would be among the key arguments against a trial deferral, 分析家说，.

“There is no chance that immunity would be granted. It is a core principle of the Court: everyone must answer for his actions and especially those who are the most responsible,” said Herman van der Wilt, an international criminal law professor at Amsterdam University.

As for postponing the Kenyan trials, 他补充说: “I can’t predict but I think it is very unlikely” because the permanent members of the Security Council can use their veto power and two members, 他说：, “France and Britain have always been very supportive of international justice.”

‘New ground for Western powers’

But now a new dynamic has entered into the debate that could influence the decision-making: the attack last month by the Al-Qaeda-linked Somali group Shebab on a Nairobi shopping mall that left at least 67 people dead.

“The dynamic and the politics around Kenya have changed. The attack at Westgate mall has probably shifted the priorities for two countries, France and Britain,” said Anton du Plessis, managing director for the Institute for Security Studies in Johannesburg.

Alex Vines, head of the Africa programme at the Chatham House think-tank, also pointed to the dilemma facing the Western powers, who sit on the Security Council. He said they find the Kenya case “uncomfortable”.

“Kenya is economically and strategically important for Western countries… (他们) also can’t ignore that Uhuru Kenyatta was elected through a credible electoral process (in March),” Vines said.

“This is new ground for Western partners on how to navigate their interests versus values in this case.”

Kenya had tried unsuccessfully in May to get action from the Security Council, which can defer ICC proceedings for one year.

The Kenyan newspaper the Nation has argued that this time the request would get more attention as some African nations have accused the ICC of acting like a neo-colonialist institution that has singled out Africans. The court founded in 2002 has so far issued indictments related to conficts in eight countries, all in Africa.

“在可见的愤怒非洲国家 (在) 在亚的斯亚贝巴举行会议… (有) 保证让安理会注意到应用程序,” 在文中写道.

杜立石表示，他 “会很惊讶” 如果安理会同意推迟. 但他强调，非盟首脑会议没有去尽可能拉出法庭，并承认 “他们需要遵循法律途径”.

“什么是重要的是，一些分析师此前的担忧, 有可能是一个巨大的撤离非盟体之间更多的支持 (从IC卡), 也许被夸大,” 他补充说.

仍, 目前还不清楚什么样的行动，非盟可采取下一个，如果安理会不拒绝其请求. 该集团警告说，它将支持没有出现由在肯雅塔国际刑事法院 — 对他的审判日期为十一月 12 — 如果延期被拒绝.

来源: 雅虎新闻