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Kenya races to transfer ICC election violence case to Africa

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Now Kibaki is spearheading efforts to move the cases to the East African Court of Justice based in the Tanzanian town of Arusha. For Kibaki's supporters, trying the so-called "Ocampo Four" at the Hague is akin to ceding African sovereignty to European colonial powers. To date, all of the cases heard by the ICC have involved African leaders, a fact that many African intellectuals see as evidence that the court is simply a "neo-colonial" tool of rich Western nations against poorer African ones.

"The victims of the post-election violence deserve justice," Kibaki said in an address to the Kenyan parliament late April. The Kenyans facing triall also deserve a fair and legal hearing, he argued. He has called on citizens to remain calm, “even as we pursue the option of having a local mechanism to deal with any international crimes.”

The President's call for a trial at Arusha has drawn support from the heads of state of the East African Community. The EAC held at a meeting in Tanzania on April 28, and passed a resolution to expand the court’s jurisdiction to cover crimes against humanity.

The resolution had been preceded by another from the East African Legislative Assembly, which had urged the East African Community Council of Ministers to implore the ICC to transfer the cases to East Africa.

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