The African Union, Kenya and the International Criminal Court
At an extraordinary summit of the African Union on 11-12 October 2013, heads of state and government agreed that Kenya should send a letter to the UN Security Council requesting the deferral of the ICC’s ongoing proceedings against the President and Deputy President of Kenya, Uhuru Kenyatta and William Ruto, both of whom have been charged with crimes against humanity in the context of the post-election violence during 2007-08. Western governments face an acute dilemma. Until now, they have been strong supporters of the ICC’s work in Kenya. However, in recent years, Kenya has become an active regional player in combating Islamist terrorism and recently suffered a major attack by al-Shabaab on a shopping mall in Nairobi. If the UN Security Council were to defer the proceedings, this would be the first time that this has happened since the Court’s inception.