Thanks @Liv for that very informative link, I had a quick read and I will touch some points ...you have said
Quote:(referring to cases back to the countries where they were committed and postponing cases for the peace of a country are possible with ICC
...possible, not probable. The article said that the court follows principles of common law, of which precedents are very important. None exist for this scenario. Judges will look for solid, overwhelming grounds to make a ruling on what might undermine ICC itself and be a negative precedent in the long run. These overwhelming grounds are lacking because we took our case there and Kenya as a state, not the defendants, needs to apply for the case
to be repatriated. Your supposition that
Quote:They will make applications on either to bring the case back to Kenya or have it postponed
holds no merit on its own. To get a state organ of Kenya to make the application to get the case back might require an amendment somewhere (I don't see the Judiciary agreeing to do this) or a new law, I do not imagine the opposition will roll with this idea, hence my prediction of "bribery", already as Kenyans we start losing with this development.
Most of the blame for the failures stems from the shortcomings of the former chief prosecutor, not flaws in the statute that established the court. Moreno-Ocampo is out of the picture, his exit making countries opposed to the ICC soften their stance. The super powers will probably never sign the Rome Statute, that won't stop them from creating grief for small countries like Kenya. The superpowers only oppose the court when the prospect of its citizens getting tried there arise; When that is not the case, they turn the wrench and make the appropriate noises on the small prey of a country that happens to be entangled in ICC's claws. It is double standards , I am aware and concede that fact but that is the way it is.
Most of the harm to Kenya, IMO, will not be from the proceedings themselves, but from any deliberate effort to avoid them on the one hand. Ironically on the other hand full compliance will also spell trouble.
We are caught between ICC's ambition to legitimize itself on the international stage, some countries duplicity and our own politicians avarice and thirst for power, and no matter where the dice rolls on an UHURUTO that is in power, citizens will suffer because of these 3 factors.