It is my presumption that where courts of law have evidence beyond reasonable doubt then they can convict. Where such evidence is not available cases will either not take off or they can collapse. The court may also acquit the accused persons.

I am of the opinion that the ICC prosecutor erred in not carrying out proper investigations, instead relying on reports by human rights bodies and NGOs. The later cannot collect credible evidence as has clearly emerged. They cannot police the world because they have vested interests.

The ICC runs the risk of becoming discredited as an incompetent entity that offers selective justice and that further injures the victims by promising them what it cannot give, namely reparations. It is for this reason that it is seeking some dubious financial records. It cannot exit gracefully.

Former prosecutor Mr Moreno Ocampo told us that he was going to make Kenya an example to the world. I dare say the Kenyan cases just might make the court a poor example of what is required to offer justice to victims of atrocities all over the world, not just in Africa. It is a tragedy of great proportions.

Injustice anywhere is injustice everywhere. Those are the words of Martin Luther King Jnr. How very true! The victims greatly desire justice. However this cannot be given by denying the accused the same justice that is sought. The ICC has bungled.