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| Kenyan Lawmakers Vote to Leave International Court | Kenyan Lawmakers Vote to Leave International Court |
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| NAIROBI, Kenya — Kenya’s Parliament took the first step toward withdrawing the country from the International Criminal Court on Thursday, less than a week before Kenya’s deputy president goes on trial in The Hague. | NAIROBI, Kenya — Kenya’s Parliament took the first step toward withdrawing the country from the International Criminal Court on Thursday, less than a week before Kenya’s deputy president goes on trial in The Hague. |
| The National Assembly passed a motion urging Kenya to become the first of the 122 nations adhering to the court to leave it. The vote was just the latest example of the growing discontent here toward the court, which is putting Kenya’s new president, Uhuru Kenyatta, on trial as well. | The National Assembly passed a motion urging Kenya to become the first of the 122 nations adhering to the court to leave it. The vote was just the latest example of the growing discontent here toward the court, which is putting Kenya’s new president, Uhuru Kenyatta, on trial as well. |
| If the Kenyan government formally withdraws, the cases against Mr. Kenyatta and Deputy President William Ruto, who have been charged with crimes against humanity stemming from violence after the 2007 presidential election, would continue. But experts question whether such a move might embolden the indicted leaders — who are not in custody and have agreed to participate thus far, avoiding the need for arrest warrants — to begin defying the court. | If the Kenyan government formally withdraws, the cases against Mr. Kenyatta and Deputy President William Ruto, who have been charged with crimes against humanity stemming from violence after the 2007 presidential election, would continue. But experts question whether such a move might embolden the indicted leaders — who are not in custody and have agreed to participate thus far, avoiding the need for arrest warrants — to begin defying the court. |
| “While the legal consequence is nil at the court, the practical consequence is whether or not Kenyatta or Ruto continue to respect the court’s authority despite the withdrawal vote and still appear at trial,” said David Scheffer, the director of the Center for International Human Rights at the Northwestern University law school. | “While the legal consequence is nil at the court, the practical consequence is whether or not Kenyatta or Ruto continue to respect the court’s authority despite the withdrawal vote and still appear at trial,” said David Scheffer, the director of the Center for International Human Rights at the Northwestern University law school. |
| With the world’s attention riveted on the violence in Syria, the controversy in Kenya threatens to undermine the perceived standing of the court at a time when some leaders, including members of the Arab League, are calling for the international prosecution of atrocities like the chemical weapons attack in Damascus that killed hundreds of civilians last month. | With the world’s attention riveted on the violence in Syria, the controversy in Kenya threatens to undermine the perceived standing of the court at a time when some leaders, including members of the Arab League, are calling for the international prosecution of atrocities like the chemical weapons attack in Damascus that killed hundreds of civilians last month. |
| Paola Gaeta, a director of the Geneva Academy of International Humanitarian Law and Human Rights, said that Kenya’s withdrawal would be “another blow to the court’s authority,” one that could lead other nations to follow suit. | Paola Gaeta, a director of the Geneva Academy of International Humanitarian Law and Human Rights, said that Kenya’s withdrawal would be “another blow to the court’s authority,” one that could lead other nations to follow suit. |
| The country’s withdrawal poses the risk of “a domino effect in the region,” Ms. Gaeta said. Like every international criminal court, she said, the court is a paper tiger “whose teeth can be only those of the states cooperating with it.” | |
| More than 30 African nations adhere to the court, but many have been critical of it because all eight cases on the court’s docket are from Africa. | More than 30 African nations adhere to the court, but many have been critical of it because all eight cases on the court’s docket are from Africa. |
| Supporters of Mr. Kenyatta and Mr. Ruto have rejected the cases against them as politically motivated. Their arguments have grown increasingly strident, describing the court as a neocolonialist institution infringing on Kenya’s sovereignty. | Supporters of Mr. Kenyatta and Mr. Ruto have rejected the cases against them as politically motivated. Their arguments have grown increasingly strident, describing the court as a neocolonialist institution infringing on Kenya’s sovereignty. |
| “The sovereign state of Kenya, with a functioning judiciary, with a vibrant democracy, one of the best democracies in Africa, is under threat,” said Aden Duale, the majority leader in the National Assembly, as he introduced the motion on Thursday. | “The sovereign state of Kenya, with a functioning judiciary, with a vibrant democracy, one of the best democracies in Africa, is under threat,” said Aden Duale, the majority leader in the National Assembly, as he introduced the motion on Thursday. |
| Mr. Ruto and Mr. Kenyatta were opponents in the 2007 election but joined forces for this year’s vote. The turnout for them may have been bolstered by the criminal case, a reaction to what was widely viewed as meddling by outsiders in Kenyan affairs. Now their coalition, called the Jubilee Alliance, holds a solid majority in Parliament. | Mr. Ruto and Mr. Kenyatta were opponents in the 2007 election but joined forces for this year’s vote. The turnout for them may have been bolstered by the criminal case, a reaction to what was widely viewed as meddling by outsiders in Kenyan affairs. Now their coalition, called the Jubilee Alliance, holds a solid majority in Parliament. |
| Jakoyo Midiwo, a member of the opposition in Parliament, said that legislators would regret withdrawing from the court “10 years down the line when we get a rogue leader who will kill our people.” The debate grew raucous with repeated interruptions before most members of the opposition walked out. The motion later passed on a voice vote. | Jakoyo Midiwo, a member of the opposition in Parliament, said that legislators would regret withdrawing from the court “10 years down the line when we get a rogue leader who will kill our people.” The debate grew raucous with repeated interruptions before most members of the opposition walked out. The motion later passed on a voice vote. |
| The prospect of a democratically elected head of state standing trial in Europe has reawakened memories of colonialism and Western dominance here. | The prospect of a democratically elected head of state standing trial in Europe has reawakened memories of colonialism and Western dominance here. |
| “I think it’s a pushing from external forces,” said Tatenda Wangui, 20, a first-year law student who supported the move to pull out from the court. “Britain and the rest, this is my opinion, still have some power and want to maintain that power that they had previously.” She added: “We are a sovereign nation. We have the capacity.” | “I think it’s a pushing from external forces,” said Tatenda Wangui, 20, a first-year law student who supported the move to pull out from the court. “Britain and the rest, this is my opinion, still have some power and want to maintain that power that they had previously.” She added: “We are a sovereign nation. We have the capacity.” |
| Jeff Kirira, 18, also a first-year law student, agreed: “The case is not frivolous. It’s a legitimate case. It wasn’t brought out of the blue. But it can be handled here as well as it would abroad.” | Jeff Kirira, 18, also a first-year law student, agreed: “The case is not frivolous. It’s a legitimate case. It wasn’t brought out of the blue. But it can be handled here as well as it would abroad.” |
| Kenya did little on its own to pursue senior figures suspected in the postelection violence, and in the I.C.C. case, witnesses have dropped out amid claims that they had been intimidated by the leaders’ supporters. | Kenya did little on its own to pursue senior figures suspected in the postelection violence, and in the I.C.C. case, witnesses have dropped out amid claims that they had been intimidated by the leaders’ supporters. |
| But public support for the prosecutions has dropped significantly since the case was first opened. Surveys of 2,000 adults by the pollsters Ipsos Synovate Kenya, each with a margin of sampling error of plus or minus two percentage points, showed support for the International Criminal Court case dropping by 20 percentage points in recent years. In October 2011, 59 percent of Kenyans surveyed supported trials at The Hague; by June 2013, that number had dropped to 39 percent. | But public support for the prosecutions has dropped significantly since the case was first opened. Surveys of 2,000 adults by the pollsters Ipsos Synovate Kenya, each with a margin of sampling error of plus or minus two percentage points, showed support for the International Criminal Court case dropping by 20 percentage points in recent years. In October 2011, 59 percent of Kenyans surveyed supported trials at The Hague; by June 2013, that number had dropped to 39 percent. |
| Some people say that they want to forget or at least to move on. Others fear that a conviction, particularly of Mr. Kenyatta, could destabilize the country and lead to more violence. “At the social level, I can say that I am myself intimidated, not least by my own friends, who think that what I am doing is not noble,” said Wilfred Nderitu, who represents victims before the court. “That may not be coming from the government, but it is the reality.” | Some people say that they want to forget or at least to move on. Others fear that a conviction, particularly of Mr. Kenyatta, could destabilize the country and lead to more violence. “At the social level, I can say that I am myself intimidated, not least by my own friends, who think that what I am doing is not noble,” said Wilfred Nderitu, who represents victims before the court. “That may not be coming from the government, but it is the reality.” |
| Some supporters of the president and deputy president have likened the presidential election that they won in March to a referendum on the case. Dozens of members of Parliament who plan to travel to The Hague with Mr. Ruto as a symbol of their solidarity lined up outside the Dutch embassy on Wednesday to get visas. Mr. Kenyatta’s case is scheduled to begin in November. | Some supporters of the president and deputy president have likened the presidential election that they won in March to a referendum on the case. Dozens of members of Parliament who plan to travel to The Hague with Mr. Ruto as a symbol of their solidarity lined up outside the Dutch embassy on Wednesday to get visas. Mr. Kenyatta’s case is scheduled to begin in November. |
| In May the African Union passed a resolution accusing the court of targeting Africans. The court’s prosecutor, Fatou Bensouda, who is from the West African nation of Gambia, repeatedly points out that two of the cases, from Libya and Sudan, were referred to her office by the United Nations Security Council. | In May the African Union passed a resolution accusing the court of targeting Africans. The court’s prosecutor, Fatou Bensouda, who is from the West African nation of Gambia, repeatedly points out that two of the cases, from Libya and Sudan, were referred to her office by the United Nations Security Council. |
| In most of the other cases — including Mali, Central African Republic, Uganda and the Democratic Republic of Congo — the governments themselves asked the court to open investigations. In Kenya, the court’s prosecutor, Ms. Bensouda’s predecessor, stepped in on his own accord. There are preliminary inquiries in areas outside of Africa, including Colombia and Afghanistan. | In most of the other cases — including Mali, Central African Republic, Uganda and the Democratic Republic of Congo — the governments themselves asked the court to open investigations. In Kenya, the court’s prosecutor, Ms. Bensouda’s predecessor, stepped in on his own accord. There are preliminary inquiries in areas outside of Africa, including Colombia and Afghanistan. |
| “Every time the I.C.C. process inches forward to deliver a justice denied Kenyans by their own government, the country’s political establishment scrambles furiously to block the way,” said Elizabeth Evenson, a senior counsel at Human Rights Watch. | “Every time the I.C.C. process inches forward to deliver a justice denied Kenyans by their own government, the country’s political establishment scrambles furiously to block the way,” said Elizabeth Evenson, a senior counsel at Human Rights Watch. |
| The 1998 Treaty of Rome created the I.C.C., and its jurisdiction went into effect in 2002. The United States never ratified the treaty, a fact that was noted time and again in the debate in the Kenyan Parliament on Thursday. | |
| Mr. Duale quoted the former American ambassador to the United Nations, John Negroponte, as saying, “No nation should underestimate our commitment to protect our citizens.” | |
Marlise Simons contributed reporting from Paris, and Reuben Kyama from Nairobi. | Marlise Simons contributed reporting from Paris, and Reuben Kyama from Nairobi. |
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