AU Summit: Government leaders must not grant themselves immunity for
genocide, war crimes and crimes against humanity
Amnesty International - 19 hours ago
20 June 2014
Under new proposals, sitting African leaders could enjoy immunity from
prosecution for genocide, war crimes and crimes against humanity.
(c) Amnesty International.
"After the 1994 genocide in Rwanda, the world committed itself to
ensuring that such an atrocity could never happen again. This
commitment rings hollow in the face of efforts to shield from
prosecution senior African politicians who are and may be responsible
for serious atrocities including mass murder, torture, rape, or the
displacement of entire communities."
Netsanet Belay, Amnesty International's Africa Director.
Proposals to grant sitting African leaders immunity from prosecution
for genocide, war crimes and crimes against humanity will completely
undermine the integrity of the African Court of Justice and Human
Rights, even before it becomes operational, Amnesty International
said.
In an open letter Amnesty International called on African Union (AU)
heads of state and government meeting in Equatorial Guinea this week
not to adopt a proposed amendment which would grant immunity from
prosecution to sitting government leaders and senior officials in the
African Court of Justice and Human Rights.
"After the 1994 genocide in Rwanda, the world committed itself to
ensuring that such an atrocity could never happen again. This
commitment rings hollow in the face of efforts to shield from
prosecution senior African politicians who are and may be responsible
for serious atrocities including mass murder, torture, rape, or the
displacement of entire communities," said Netsanet Belay Amnesty
International's Africa Director.
"If this amendment is adopted it will also call into question the
African Union's commitment to its declared goal of ensuring justice
for victims of serious crimes under international law."
The Draft Protocol on Amendments to the Statute of the African Court
of Justice and Human Rights extends the Court's jurisdiction over
crimes under international law. The proposed amendment to the Draft
Protocol will preclude the prosecution before the Court of a sitting
head of state or government or other senior official, suspected of
committing acts of genocide, war crimes or crimes against humanity.
Irrespective of the decision on this by the AU, the International
Criminal Court (ICC) will retain the right to investigate serving
African heads of state and government.
"It is vital that those responsible for atrocities must face justice,
irrespective of their official positions. The adoption of this
amendment would be a tremendous backward step in the long battle for
accountability and human rights on the continent," said Netsanet
Belay.
"How African leaders vote on this crucial amendment at the AU summit
this week will provide a litmus test of leadership for each and every
African government."
Background Information
The proposed amendment to Article 46A bis of the Protocol on the
Statute of the African Court of Justice and Human Rights reads: "No
charges shall be commenced or continued before the Court against any
serving African Union Head of State or Government, or anybody acting
or entitled to act in such capacity, or other senior state officials
based on their functions, during their tenure of office."
Amnesty International is calling for the amended Article 46A bis to be
rejected and replaced with a provision such as that contained in
Article 27 of the Rome Statute of the International Criminal Court.
Such a provision would deny immunity to heads of state and government
or any other senior government official, if they are suspected of
having committed and/or been complicit in the commission of a serious
crime under international law, including acts of genocide, war crimes,
crimes against humanity and other offences contained in the Draft
Protocol on Amendments to the Statute of the African Court of Justice
and Human Rights.
The African Court of Justice and Human Rights will merge the African
Court on Human and Peoples' Rights with the Court of Justice of the
African Union and will have expanded criminal jurisdiction over
international crimes.
The decision whether to approve the amendment to the Draft Protocol is
scheduled for 27 June.
http://www.google.ca/gwt/x?gl=CA&hl=en-CA&u=http://www.amnesty.org/en/news/au-summit-government-leaders-must-not-grant-themselves-immunity-genocide-war-crimes-and-crimes-&source=s&q=AU+Summit:+Government+leaders+must+not+grant+themselves+immunity+for+genocide,+war+crimes+and+crimes...+Amnesty+International&sa=X&ei=apmkU6jTJsWwyATwmoGABg&ved=0CCAQFjAA
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