Kenyan ICC cases not over, so celebrations premature

There’s a mistaken belief in some quarters that the ICC Kenyan cases are over. That’s because URP’s William Ruto doesn’t have to stand at the dock at The Hague any more. Mr Ruto’s diehard supporters have convinced themselves he’s off the hook. But I have news for Mr Ruto and his acolytes — the ICC cases aren’t over. Not by a long shot. That’s because a case isn’t over simply because the judicial process has concluded. A case — especially one for crimes against humanity — is a complex phenomenon that has other important dimensions. Unless — and until — the underlying causes of the case are resolved no one can sleep easy. This includes the accused perpetrators and the victims.

First, even though the ICC judges ruled Mr Ruto had no case to answer, the court didn’t acquit him. Instead, the ICC declared a mistrial. In law, a mistrial simply denotes an inconclusive judicial proceeding. It means the defendant is neither guilty nor innocent because intervening factors have upended the trial. In a mistrial, the prosecutor is free to charge the case again. That’s why a defendant in a mistrial would be ill-advised to celebrate a legal victory. The ICC didn’t absolve Mr Ruto of wrong-doing. Rather, the court ruled that forces beyond its control had conspired to defeat justice. In plain English, the judges said that justice had been sabotaged. The tone of the ruling was angry.