THE HAGUE, Netherlands — Member states of the International Criminal Court amended its rules Wednesday to allow defendants to appear via video link and allow suspects who hold high office to miss parts of their trials, decisions likely to affect Kenya’s president who is due to go on trial in February.
The court’s 122-nation Assembly of States Parties adopted the changes at its annual meeting in The Hague.
Elizabeth Evenson, senior international justice counsel at Human Rights Watch, said the decision to allow high office holders to stay home – on a case-by-case basis – “risks putting in place a two-tiered justice and undermining perceptions of the court’s legitimacy.”
Kenyan President Uhuru Kenyatta is charged with involvement in deadly violence that erupted after his country’s 2007 elections. He insists he is innocent.
It remains to be seen how much effect the new rules will have; Kenyatta’s deputy, William Ruto, already is on trial for his alleged role in the post-election violence and judges have let him stay in Kenya for parts of the case for his official duties.
The changes approved Wednesday would apply to suspects who – like Kenyatta and Ruto – voluntarily appear before the court rather than being arrested and held in custody.
The United States, which is not a member of the court, welcomed the changes, saying the court is dealing with an unprecedented situation in the Kenyatta case as it prepares to put on trial a sitting head of state.
Kenya has been engaged in a diplomatic push to halt the cases against Kenyatta and Ruto, arguing the country – and the volatile east African region – needs strong leadership as it battles al-Qaida-linked terrorists in neighboring Somalia.
The African-sponsored resolution to delay the trials of Kenyatta and Ruto was voted down with seven “yes” votes and eight abstentions.
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