An earthquake. That was lawyer Karim Khan’s summary of this week’s announcement from The Hague. The Deputy President’s counsel at the International Criminal Court (ICC) has been blusteringly eloquent, basking in the limelight of victory. The ICC judges declared the proceedings a mistrial and terminated them.
Back home, we have equated the vacation to an acquittal. Our media calls it “great victory.” It is celebration time. A mistrial is the abortion of a trial due to a disturbing procedural flaw. The critical thing is that the trial does not get to a normal conclusion, because of the incurable defect. In the William Ruto and Joshua Sang cases, the judges cited “interference with the witnesses” and “intolerable political meddling.”