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The Kenyan government's attempt to defer the cases at the ICC by appealing to members of the UN Security Council failed without being voted on, however the government, represented by British lawyers Geoffrey Nice and Rodney Dixon, have subsequently applied directly to the Court.
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"Today's government application is mischief by the government, as it wants to defer the case," Mr. Zafar said.
The Security Council yesterday refused to back an African Union motion to defer the case which, had it passed, might have marked the 11-year-old court's death sentence.
"When viewed against the lack of due process afforded to Mr Gaddafi, and the general backdrop of credible reports concerning allegations of torture and mistreatment of detainees, there is no basis for asserting that the ICC should defer the case to Libya," says the report.
The Security Council first discussed sanctions, then last year the possibility of deferring the case against Mr Bashir.
The appeals court was expected to hear arguments in that case this spring, but deferred the case until next fall.
A few weeks later he came back to Lae and faced the court, which deferred the case.
The other, more plausible, is that he will himself at last mend his ways, in return for the Security Council deferring the case.
Deferring the case against President Omar Hassan al-Bashir of Sudan for crimes against humanity would establish a catastrophic precedent whereby politics dictates the course of justice.
His deputy, William Ruto, is already in the dock in a separate but related case, the conduct of which may have persuaded some Kenyans that the ICC is not biased against Africans.Meanwhile, Kenya's diplomatic manoeuvres have seen the country shift from its usual pro-Western orbit towards China, which voted in favour of deferring the case.
Although the King's government may have expected the Conseil to find Ney guilty, the members voted 5 2 to declared themselves incapable of reaching a verdict, and deferred the case to the Chamber of Peers.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com