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 crimes do deserve - and, unless I mistake their pleas, do demand - justice. Africa and the rest of the world is sworn to uphold and protect an International Criminal Legal system, heralded by the International Criminal Court. No legal system - domestic or international - is without its chess rules, marked by bias and political propaganda: give the ICC a break!

The African Union seeks withdraw from the Rome Statute and merge the African Court of Human and People's Rights and the African Union Court of Justice into one AU Courtof Justice and Human Rights which will replicate the ICC's jurisdiction, with the inclusion of a few others. I advice against such an isolationist move that will affect the credibility of the international criminal legal system. More importantly is the obvious canker-worm of 'failure of law and leadership' that plagues Africa; this will only see such a merger into one African Court of Ineffectiveness and Injustice.

The second claim that the Court is disrespectful to African sovereignty, and is seeking to act ultra vires by overlooking immunity is quite a touchy issue. Kenyatta and Ruto were indeed indicted before they were elected: who are we to assume that they are not seeking to hide behind 'immunity' to escape or delay justice?
On issues of procedure and prosecutorial policy, I agree completely with the author when she recommends that "The ICC should therefore continue and perhaps increase its efforts to combat such perceptions. Appointing an African prosecutor was an important step in this direction. Others should include widespread dissemination of information regarding the situations under preliminary investigation that are outside of the African continent. Indeed, to the extent possible within the confines of law and morality, the ICC should consider including such situations in the Court’s docket in the near future."

So I ask my African leaders this question: are we bent on following a country whose leaders are being prosecuted - guilty or not - for the very acts which mankind vowed never to tolerate; and whose actions threaten (if not now, then in the near future) the very foundations of an international criminal legal system that we are sworn to uphold; and Africa’s developmental relations with the Western world, as shackling as it may be?