Press Release

Kenya Situation ICC Cases and future of the Court Nairobi, Kenya, September 6, 2014/...The International Criminal Court (ICC) was established following gravest of crimes committed in Rwanda and the former Republic of Yugoslavia. To the shame of the United Nations, African Union and international community, they failed to take decisive and forceful action to protect the victims. However, the default position of the international community is now no longer impunity but accountability.

The successes of those hostile to the ICC mean the balance is easily tipping away from justice and win for culture of impunity. This is the likely possibility of the situation to prevail in Kenya. When we abandon justice, we embolden impunity with every likelihood of future contribution to renewed series of macabre crimes commission.

We must not allow the powerful in society to obstruct justice. It will be a grave mistake on the part of the ICC judges to terminate a case in a clear situation where a state party has failed to fully cooperate with the court. It will significantly embolden impunity and communicate the message that you can defeat the course of justice by refusing to cooperate.

The leaders are protecting themselves. No one speaks for the victims. It is the powerful leaders mobilizing and fighting the court without caring about the victims of crime or providing alternative tribunals. If the ICC judges succumb to this scheme, it will be a badge of shame for each and every one and for the entire world. It will destroy the reputation and credibility of the Court for failing the victims of the worst crimes by neglecting to bring the perpetrators to justice.

ICC was founded to tackle impunity especially enjoyed by the mighty and powerful individuals who are accused of heinous crimes. The victims deserve justice and they want justice. If ICC judges terminate the cases just because a state party and powerful individuals in government have chosen the path of non-cooperation, and propaganda of lies to obstruct course of justice, who will speak for the victims? How do they get justice? Who will be in their corner?

Failure to cooperate and provide required information to the office of the Prosecutor with intention of forestalling accountability is a serious impediment -indeed a grave threat- to the Court’s ability to function at all. It is a threat to the credibility of ICC. And it is immoral.

ICC judges must not allow a state party to flout international laws by refusing to comply with its obligations. Judges need to seriously consider drawing the attention of the Security Council to the grave dilemma of Kenya’s non-cooperation as soon as they deem it appropriate.

The promise of international justice will be fatally compromised if the ICC and the international community continues to permit persons accused of crime against humanity, mass rape , murder and forceful displacement of people to remain at liberty making a mockery of the august institutions of international public order. Impunity cannot be

tolerated and will not be. The rule of the law must prevail. Peace and Justice go beyond the selfish interests.

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Signed Ndung’u Wainaina Executive Director