United Nations

S/2013/660
Provisional 12 November 2013 Original: English

Security Council

Morocco, Rwanda, Togo: draft resolution

The Security Council , Recalling the Statements of its President $S/P%S&/200#/'( and 13 )a" 2013 $S/P%S&/2013/*(, dated 6 ebr!ar" 200#

Reaffirming its strong +ommitment to the maintenan+e of international ,ea+e and se+!rit" and re+alling the need to fight im,!nit" and to hold a++o!ntable all ,er,etrators of the 200-.200# ,ost.ele+tion violen+e in /en"a, Acknowledging the reforms !nderta0en b" the 1overnment of /en"a, in a++ordan+e 2ith the 200# National 3++ord and %e+on+iliation Pro+ess and the 4onstit!tion of /en"a of 2010, ,arti+!larl" in the administration of 5!sti+e, se+!rit" and governan+e, fighting im,!nit", as 2ell as the meas!res ta0en b" the 1overnment to2ards resettling of the internall" dis,la+ed ,ersons, ,roviding re,arations to the vi+tims 2ho s!ffered losses in the ,ost.ele+tion violen+e, investigation and ,rose+!tion of ,ost.ele+tion violen+e +rimes, o,erationali6ation of the 7itness Prote+tion 3gen+", ,romotion and restoration of 5!sti+e, ,ea+e, stabilit", national +ohesion and national re+on+iliation and reintegration in /en"a, Considering the de+ision of 21 )ar+h 2010 of the 8nternational 4riminal 4o!rt $9the 4o!rt:( a!thorising the Prose+!tor to +ommen+e investigations propio motu into the sit!ation in the %e,!bli+ of /en"a, in relation to the ,ost.ele+tion violen+e of 200-.200# and !nder 3rti+le 1* of the %ome Stat!te of the 4o!rt, to 2hi+h /en"a is a State ,art", Noting with appreciation the +oo,eration that the 1overnment of /en"a and all the indi+tees have e;tended to the 4o!rt for the ,ast five "ears, Further noting that )r Uh!r! )!igai /en"atta and )r 7illiam Samoei %!to 2ere, in )ar+h 2013, demo+rati+all" ele+ted President and <e,!t" President of the %e,!bli+ of /en"a, res,e+tivel", Taking into consideration that the 4o!rt +ommen+ed the trial in the +ase against the latter on 10 Se,tember 2013, 2hile the trial in the +ase against the former is ,rovisionall" s+hed!led to +ommen+e on * ebr!ar" 201', Stressing that the ,ro+eedings initiated against the President and the <e,!t" President of the %e,!bli+ of /en"a is distra+ting and ,reventing them from f!ll" dis+harging their res,onsibilities and e;tensive d!ties, as elaborated !,on in the relevant ,rovisions of the /en"an 4onstit!tion,

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Reiterating its dee, +on+ern that the in+reasing violen+e ,er,etrated b" armed gro!,s, the n!mber of 2hi+h is gro2ing in several regions and s!b.regions of 3fri+a, +ontin!es to ,ose a serio!s threat to international ,ea+e and se+!rit", and recalling that terrorist violen+e negativel" im,a+t the efforts b" 3fri+an States to ,romote so+ial and e+onomi+ develo,ment, and !ndermines global stabilit" and ,ros,erit" in 3fri+a, Commending the 1overnment of /en"a for its +ontrib!tion to the restoration of ,ea+e and se+!rit" in the =orn of 3fri+a and Eastern 3fri+a, in+l!ding Somalia, and for the a+tion it has ta0en to fight against terrorism at national, regional and international levels, Expressing dee, +on+ern over the +!rrent terrorist threat against /en"a and other +o!ntries of the =orn of 3fri+a and Eastern 3fri+a, and reiterating its determination to +ombat all forms of terrorism, in a++ordan+e 2ith its res,onsibilities !nder the 4harter of the United Nations, Recalling its ,ress statement of 21 Se,tember 2013 +ondemning the terrorist atta+0 at the Westgate Shopping all in Nairobi and e;,ressing its solidarit" 2ith the ,eo,le and 1overnment of /en"a at this diffi+!lt time, Acknowledging that the ordinar" e;tensive d!ties of )r Uh!r! )!igai /en"atta and )r 7illiam Samoei %!to, as President and <e,!t" President of /en"a, are +om,o!nded b" both the re+ent terrorist atta+0s and the ,ersisting threat to the national se+!rit", and considering the de+isive role of /en"a, !nder their leadershi,, as frontline state in the fight against terrorism, Reaffirming the ne+essit" to +om,l" 2ith the norms of international +!stomar" la2 on the imm!nit" of high.ran0ing offi+ials of the States and acknowledging their im,ortan+e for the ens!ring of stabilit" of international relations, Recalling that in a++ordan+e 2ith arti+le 1 of the %ome Stat!te the 844 shall be +om,lementar" to national +riminal 5!risdi+tions, Considering arti+le 16 of the %ome Stat!te of the 4o!rt !nder 2hi+h no investigation or ,rose+!tion ma" be +ommen+ed or ,ro+eeded 2ith for a ,eriod of 12 months after the Se+!rit" 4o!n+il, in a resol!tion ado,ted !nder 4ha,ter >88 of the 4harter of the United Nations, has re?!ested the 4o!rt to that effe+t, Taking note of the letter dated 21 O+tober 2013 from the 1overnment of /en"a to the President of the Se+!rit" 4o!n+il, re?!esting the deferral of the investigation and ,rose+!tion against the President and <e,!t" President of /en"a, in a++ordan+e 2ith arti+le 16 of the %ome Stat!te of the 4o!rt and ,!rs!ant to <e+ision E;t/3ssembl"/3U/<e+@1$O+t@2013( dated 12 O+tober 2013 of the E;traordinar" Session of the 3ssembl" of the 3fri+an Union, indful of its ,rimar" res,onsibilit" for the maintenan+e of international ,ea+e and se+!rit" !nder the 4harter of the United Nations, !earing in mind that in a++ordan+e 2ith arti+le 103 of the 4harter of the United Nations in the event of a +onfli+t bet2een the obligations of the )embers of the United Nations !nder the 4harter and their obligations !nder an" other international agreement, their obligations !nder the 4harter shall ,revail, Acting !nder 4ha,ter >88 of the 4harter of the United Nations,

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1@ Re"uests the 8nternational 4riminal 4o!rt to defer the investigation and ,rose+!tion against President #huru uigai $enyatta and <e,!t" President William Samoei Ruto for a ,eriod of 12 months, in a++ordan+e 2ith arti+le 16 of the %ome Stat!te of the 4o!rtA 2@ %n&ites the Se+retar" 1eneral and the 4o!rt to re,ort to the Se+!rit" 4o!n+il, 2ithin t2o months of the ado,tion of this resol!tion, on a+tion ta0en on its im,lementationA 3@ 'ecides that )ember States shall ta0e no a+tion in+onsistent 2ith ,aragra,h 1 and 2ith their international obligationsA '@ 'ecides to remain a+tivel" sei6ed of the matter@

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