Ruto Signs Act Giving Him Immunity Against ICC Prosecution

President William Ruto has signed the Malabo Protocol which grants him immunity from prosecution by the International Criminal Court. 

The African Union adopted the protocol in 2014 to establish a regional accountability mechanism and promote African solutions to African problems. Kenya had not yet agreed to the protocol until Ruto's recent signature. The protocol stipulates that if Ruto were to commit an offence, he would first have to undergo AU procedures before the ICC could take action. 

Additionally, the protocol states that senior state officials cannot be prosecuted for similar violations until they leave office. The AU also has the right to intervene in a member state in the event of grave circumstances. Ruto's signature marks the beginning of a three-month process that will ultimately grant Kenya's president immunity.

The African Union is authorized to implement lawful measures to bring back peace and stability to its member states. As per the Act, the AU can only intervene after receiving a recommendation from the Peace and Security Council (PSC) of the African Union. The PSC is responsible for the prevention, management, and resolution of conflicts in member states and is the decision-making body of the Union. 

Its functions, powers, composition, and organization will be set out in a protocol established by the Assembly. In 2016, the AU Ministerial Committee on the ICC decided to continue advocating for a mass withdrawal from the court. During a meeting in Addis Ababa, the ministers agreed that African nations will leave the ICC unless the court grants immunity to sitting heads of state and government officials. They also demanded that African judicial mechanisms and AU decision-making bodies have priority over the ICC and called for a reduction of the prosecutor's powers.