Dispensing International Criminal Justice and its Bottlenecks in the Sudan and Kenya Cases

Abstract

To a layman in law, the on-going ICC cases and the politics around them is a sign of desperation when it concerns the process of criminal justice. Little do we know that every law must have its philosophy and principles that make it deal with the questions of justice in the real time. The challenges facing the International Criminal Court (ICC) today are ordinary and within the expectations of international lawyers, scholars and drafters of the Rome Statute. The creation of the ICC took the world a very long time due to its affinity with national and international politics, and diplomatic relations. At the same time the need to have an effective international criminal judicial system was due and the time to establish the Court was ripe enough. The reason is that many persons continue to lose their lives in what would be considered as abuse of human rights and fundamental freedoms of persons. Those who appreciate and glorify the work of the ICC also question the rationale behind the States that have not acceded to the Rome Statute, yet they commit crimes. At the same time some States feel oppressed and subjected to international criminal audit against their will. Such tensions and doubts are answered in the reflections highlighted in this article