Annan Pushes the Envelope

Kofi Annan has acted, and it appears it's game on again in the pursuit of those accused of masterminding Kenya's post-election killing.
The former U.N. Secretary-General and peace broker in Kenya's post-election chaos has delivered on his promise: handing an envelope of names of those suspected of being the fomentors and financiers of the post-election violence to the International Criminal Court. The list, drawn up by the Kenyan Waki Commission, is supposed to include businessmen and politicians -- some quite high up -- accused of inciting or funding the violence which claimed around 1,500 lives after the disputed 2007 poll. As Kenyans fought each other over the election result, Annan helped broker a power-sharing deal which led to a coalition government between President Mwai Kibaki and Prime Minister Raila Odinga, who claimed Kibaki had stolen the vote. Annan has since repeatedly called for those deemed most responsible for the killings to face justice, giving two deadlines for action by Kenyan authorities, the most recent being August.
His decision to hand over the envelope came after Kenyan parliamentarians said they had agreed with the ICC that they would set up a local tribunal by 2010, or hand the case over to the court in the Hague. The parliamentarians also said they would inform the ICC of the progress of their investigations in September.
It would appear Annan is uncomfortable with seeing the issue put on the backburner in any way.
In a statement from Geneva, he said he welcomed Kenya's efforts to establish a special tribunal, but added that "any judicial mechanism adopted to bring the perpetrators of the post-election violence to justice must meet international legal standards and be broadly debated with all sectors of the Kenyan society in order to bring credibility to the process".
He also said: "Justice delayed is justice denied ... The people of Kenya want to see concrete progress on impunity. Without such progress, the reconciliation between ethnic groups and the long-term stability of Kenya is in jeopardy."
Some Kenyan parliamentarians have praised Annan. One MP, Adan Duale from Dujis, said: "Nobody should panic. This is the best and only way we are going to have a fair investigation. It is just to the victims and the accused."
One imagines however that there probably is a pinch of panic in the corridors of power right now.
It's interesting that Annan seems to be taking the role of tough guy on this issue, while once outspoken ICC prosecutor Luis Moreno-Ocampo has adopted a somewhat more conciliatory tone, as his comments as in this Reuters interview show. Saying there would be no impunity, the prosecutor said: "They (the Kenyan parliamentarians) said that in September they will come with a specific plan ... They think they will take one year ... They can decide. It's their decision. I am not imposing a deadline." Moreno-Ocampo's comments certainly seemed to offer some wriggle-room to the Kenyan authorities, but the fact that Annan has handed over the sealed envelope of names has upped the ante again.