Kenya’s delegation mistreats International Criminal Justice

Reflection on the 14^th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court (ICC).

Without the Kenyan self-interested distraction much progress could have been advanced at the 14^th session of the Assembly of States to the ICC, particularly in the areas of ICC budget, States’ cooperation, sexual and gender based crimes, and outstanding issues over referral situations.

While filling up the corridors of the Assembly arguing and standing up on behalf of their accused Vis-President William Ruto, Kenyan diplomats apparently forgot to answer the basic question: who will stand-up for Kenyan victims? Has there been justice for over 1000 Kenyans who were slaughtered and more than half million who were displaced and harmed by the post-election ethnic violence incited by politicians. In fact, Kenyan governments failed/refused to investigate and prosecute the crimes. Now when there is a glimpse of justice for the victims, it appears that Kenya would like to do anything possible for the obstruction of justice. It was as if the Kenyan delegates were sent to cheer the team of the accused, as rightly put by Professor Jennifer Trahan it’s like in “a sporting event”. Sadly, the Kenyan delegates appear to siding with the powerful, not with powerless victims. I’m perplexed by the level of embarrassment and the audacity the Kenyan delegation displayed during the period of Assembly sessions. Isn’t it a basic assumption of law that no one should attempt to obstruct the law and interfere in judicial proceedings? If that was the example of Kenyan intellectuals on international forums, I wonder what would be their attitude towards their national judiciary mechanisms?! Probably, that is the way the powerful manipulates the law in Kenya. It is a shame on Kenyan government to spend so much efforts and resources on such a big delegation, just with the aim to lobby on judicial matters that are before the Court.  If one thing, Kenya should be concerned about speedy delivery of justice for Kenyan victims not spending time and energy to protect the accused. One should commend the stance of other State-parties on the issue of ICC independence. They did not yield to Kenyan pressure nor were impressed with Kenyan delegation’s presumptuous show. Thanks to all, for defeating Kenyan delegation’s short-sighted interests! The cause of international justice will continue to move forward.