Confrontation with the ICC counterproductive

The 14th Assembly of State Parties (ASP) which took place in The Hague this November highlighted the challenges facing the process of securing justice for the accused and the direct and indirect victims of the 2007-2008 post-election violence. Despite the fact that the cases are supposed to be personal challenges, the Government has invested heavily, including sending a huge delegation to the 14th ASP. The political pressure against the ICC may not, in the fullness of time, yield the fruits desired by Kenyatta and Ruto.

I address two key arguments: First, the case of Prosecutor v. Ruto and Sang in The Hague is before the International Criminal Court (ICC) and there is no need for political pressure. Kenya's lobbying other Member States on Rule 68 in the ASP has compromised the principle of judicial independence given that this matter is still before the ICC and was to be determined by the Appeals Chamber. What is the state of play and the prospects?