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UN / KENYA ICC

A resolution before the United Nations Security Council on the deferral of the International Criminal Court (ICC) trials of Kenya’s President and his deputy failed to pass when it was put to the vote.

Ambassador Eugene Richard Gasana of Rwanda said that the Security Council "failed Kenya and Africa on this issue.” UNTV
U131115a
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00:03:11
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U131115a
Description

STORY: UN / KENYA ICC
TRT: 3.11
SOURCE: UNTV
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / NATS

DATELINE: 15 NOVEMBER 2013, NEW YORK CITY / FILE

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Shotlist

FILE – RECENT, NEW YORK CITY

1. Wide shot, exterior United Nations headquarters

13 MAY 2013, NEW YORK CITY

2. Various shots, Security Council vote
3. Wide shot, audience
4. SOUNDBITE (English) Eugene Richard Gasana, Permanent Representative of Rwanda to the United Nations :
“The failure to adopt this draft resolution, endorsed by the whole African continent, is a shame. Yes indeed, it is a shame. Let it be written today in history that the Security Council failed Kenya and Africa on this issue.”
5. Med shot, delegates
6. SOUNDBITE (French) Macharia Kamau Permanent Representative of Kenya to the United Nations:
“Sadly, for some in this Council, the heartbreaking loss of lives and scores of shattered bodies at Westgate Mall does not meet an unspecified, imaginary threshold for article 16. In fact, apparently, neither does the threat to stability and political management of a country that would result from absented leadership in the midst of a regional war against terror meet this imaginary threshold.”
7. Med shot, delegates
8. SOUNDBITE (English) Mark Lyall Grant, Permanent Representative of the United Kingdom to the United Nations:
“We listened carefully and respectfully to the African Union’s concerns. We fully understand the desire to allow the President and Deputy President of Kenya to fulfil their constitutional responsibilities. We are engaged and prepared to address those concerns. But there is a right place to do that, and that place is at the International Criminal Court and the Assembly of State Parties, not here in the Security Council.”
9. Med shot, delegates
10. Wide shot, Security Council
11. Wide shot, ambassadors from Kenya, Togo and Ethiopia walk up to the Security Council stakeout

FILE – RECENT, NEW YORK CITY

12. Close up, reporter’s laptop computer

15 NOVEMBER 2013, NEW YORK CITY

13. SOUNDBITE (English) Tekeda Alemu, Permanent Representative of Ethiopia to the United Nations:
“We feel this is a manifestation of lack of trust in Africa, and we are very disappointed. That’s where we are. As to what might come next, it’s going to depend on the wisdom of African leaders.”

FILE – RECENT, NEW YORK CITY

14. Close up, reporter’s notepad

15 NOVEMBER 2013, NEW YORK CITY

15. Wide shot, ambassadors from Guatemala, Luxembourg, France, Australia and South Korea, walk up to the Security Council stakeout

FILE – RECENT, NEW YORK CITY

16. Close up, reporter taking notes on mobile phone

15 NOVEMBER 2013, NEW YORK CITY

17. SOUNDBITE (English) Gerth Rosenthal, Permanent Representative of Guatemala to the United Nations:
“We reiterate our firm commitment to the fight against impunity, and in this regard our full support to the ICC. At the same time, we recognize the contribution made by Kenya towards stability in the region and we reaffirm our determination to continue to address the security challenges faced across Africa in partnership with the African Union.”

FILE – RECENT, NEW YORK CITY

18. Close up, reporter’s notepad

15 NOVEMBER 2013, NEW YORK CITY

19. Wide shot, ambassadors walk away

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Storyline

A resolution before the United Nations Security Council on the deferral of the International Criminal Court (ICC) trials of Kenya’s President and his deputy failed to pass when it was put to the vote today (15 November).

Seven of the Council’s 15 members voted in favour of the draft resolution on the postponement of the trials of Kenyan President Uhuru Kenyatta and Deputy President William Ruto, while eight others abstained.

Backers of the draft resolution reportedly sought the deferral so that Kenyatta and Ruto can deal with the aftermath of the terrorist attack in September at a mall in Nairobi that left over 60 people dead.

Ambassador Eugene Richard Gasana of Rwanda, which sponsored the resolution, said “the failure to adopt this draft resolution, endorsed by the whole African continent, is a shame.”

Gasana said “let it be written today in history that the Security Council failed Kenya and Africa on this issue.”

Ambassador Macharia Kamau of Kenya said that “sadly, for some in this Council, the heartbreaking loss of lives and scores of shattered bodies at Westgate Mall does not meet an unspecified, imaginary threshold for article 16.

Kamau said that “in fact, apparently, neither does the threat to stability and political management of a country that would result from absented leadership in the midst of a regional war against terror meet this imaginary threshold.”

Article 16 of the Rome Statute allows the Security Council to suspend an investigation or prosecution if it finds that it represents a threat to the peace.

Council resolutions need nine votes in favour and no vetoes by any of the five permanent members – China, France, Russia, United Kingdom and United States – to be approved.

Outside the Council, a group of African Ambassadors addressed reporters. Ambassador Tekeda Alemu of Ethiopia expressed disappointment over the Council’s decision and said this was “a manifestation of lack of trust in Africa.”

Ambassador Gerth Rosenthal of Guatemala, in representation of the Council members which are also signatories to the Rome Statue, reiterated the group’s “firm commitment to the fight against impunity, and in this regard our full support to the ICC.”

At the same time, he said “we recognize the contribution made by Kenya towards stability in the region and we reaffirm our determination to continue to address the security challenges faced across Africa in partnership with the African Union.”

Today’s text would have requested the ICC, which is based in The Hague, to delay for one year the trials of Kenyatta and Ruto, who are accused of crimes against humanity and other offences allegedly committed following general elections in late 2007.

More than 1,100 people were killed, 3,500 injured and up to 600,000 forcibly displaced in the violence that followed those polls.

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