A Single Comment — Permalink
© ICCforum.com, 2010–2024. All rights reserved. Policies | Guidelines
Featured Comments
- miltonlaw: Africa and the Concept of Positive Complementarity The answer to the allegation that Africa is inappropriately targeted by international criminal court could as well lie in the sui generis concept of positive complementary. My doctoral thesis research title is: The international criminal court and positive complementarity: Institutional and legal framework. I. Introduction It is the... (more)
- almariam: Saving the ICC: A Proposal for a Witness Protection Program Justice delayed, again? In late January of this year, I wrote a commentary entitled, “Kenyatta at the ICC: Is Justice Deferred, Justice Denied?” In that commentary I openly expressed my angst over the endless delays, postponements and backpedalling talk about “false evidence” and “lying witnesses” surrounding the Uhuru Kenyatta trial at The Hague. I felt there was perhaps... (more)
- almariam: Kenyatta at the ICC: Is Justice Deferred, Justice Denied? I am getting a little jittery over the repeated delays, postponements and all the backpedalling talk about “false evidence” and “lying witnesses” in the Uhuru Muigai Kenyatta International Criminal court trial. I don’t want to say I smell a rat but I feel like I am getting a whiff. Is the stage being set to let Kenyatta off the ICC hook? There has been feverish... (more)
- Marius_: How can we choose to hide behind claims of moral inappropriateness when - in fact - these crimes are indeed taking place on sacred African soil!? Yes! It is imperative that the ICC should, despite the influence of the 'Powers-that-be', focus on initiating proceedings on crimes within its jurisdiction taking place outside the African continent, so as to meet the dictates of fairness. But that is not to say that the ongoing cases in Africa are without their individual basis. The victims of those... (more)
- ecalmeyer: Mass African Withdrawal from the ICC: Far from Reality Introduction One hundred and twenty two countries are States Parties to the Rome Statute of the International Criminal Court (“ICC”).1 Thirty-four are in Africa, making African states the largest continental bloc of ICC signatory countries.2 Many African nations believe that the International Criminal... (more)
- John Litwin: The International Criminal Court and African Politics Introduction Given the recent vote by the Kenyan parliament to withdraw from the Rome Statute,1 it is necessary to examine the non-meritorious, political reasons that may be motivating the proposed African boycott of the International Criminal Court (ICC).2 Comprising over a quarter of all member-states,3 a withdrawal from the ICC by... (more)
- Jenevieve Discar: Potential ICC Responses to Kenya’s Proposed Withdrawal Introduction Kenya’s recent, precedent-setting vote to withdraw from the ICC highlights the critical nature of this debate; regardless of whether the ICC is actually unfairly biased towards Africa or not, the perceived bias is greatly affecting its reputation and its ability to operate effectively. Kenya’s withdrawal should... (more)
- emilygiven: Complementarity: Too Stringent a Test? While critics claim that the ICC’s focus on crimes committed in Africa is inappropriate, its defenders cite the Prosecutor’s preliminary examinations of non-African crimes as evidence to the contrary. Because the Office of the Prosecutor is evaluating situations outside Africa with an even hand, defenders argue, the Court exhibits no bias against Africa. Several preliminary examinations of non-African... (more)
- karen.kwok: Syria: a Case Study of the ICC’s Limited Jurisdiction Since its inception in 2002, all situations under investigation or prosecution have been in Africa. Critics have claimed that the ICC’s focus on Africa has been inappropriate. In particular, the ICC has been accused of having an African-bias in situation selection. However, such critiques regarding ICC’s unfair targeting of Africa... (more)
- kennygbite: The question “Is the International Criminal Court targeting Africa inappropriately?” is influenced obviously by the fact that all the cases so far being handled by the ICC fall within Africa as if crimes within the jurisdiction of the Court are not taking place in other continents. However, assuming Africans so far indicted by the Court actually committed these crimes, should the question still arise simply because their counterparts in other continents are not being investigated nor prosecuted... (more)
Comment on the Africa Question: “Is the International Criminal Court targeting Africa inappropriately?”
The office of the prosecutor failed to investigate the Kenyan case and instead depended heavily on biased and 'tribalized' civil (currently evil) society . These civil societies with political patronage wanted to eliminate some individuals from political scene. They took advantage of the ICC prosecutor office's (Ocampo) need for easy evidence to nail some Africans as examples. The former prosecutor is on record saying that he will make the Kenyan case an example to the world (an example of how to pervert justice by ICC).
To please the prosecutor they did several patronized polls with pollsters connected with politicians who wanted to eliminate their colleagues to show that Kenyans were supporting them. Yet in the real sense Kenyans wanted local mechanism devoid of manipulation to solve their problem. Impunity can not be tolerated but when an institution like ICC practice impunity through shoddy prosecution and judgment, it needs to be disbanded or its jurisdiction be looked into.ICC's role in Kenyan case is displaced.
First the Kenyan case was not referred to ICC by the state or by Kenyans but by Kofi Anan and Western government who wanted instant dispensation of justice their way. Africa dispensation of justice cannot be compared to that of the west. Rwandan case is a very good example. Kenyan election is another one.
Secondly Kenyan case is political with some politicians and their civil society side kicks driving the case. Has ICC done any audit of this case to evaluate any political patronage of the case? Has ICC questioned the motive of this case? Has ICC questioned the witnesses for alleged coaching by civil society?
There are many questions to be answered by ICC prosecutor about Kenyan case. But the conclusion of many Kenyans is that someone in the political & civil society arena is driving the case and that this case is for satisfaction of EGO rather than JUSTICE!