Contemporary challenges in relation to the prosecution of senior state officials before the International Criminal Court

Abstract

The International Criminal Court (ICC) proceedings against Mr Ruto and Mr Kenyatta have been hindered by a series of arguments and counterarguments aiming either to avoid prosecution altogether or, at best, to cause significant delays. Moreover, the African Union (AU) has repeatedly provided additional support to Kenya’s standpoint, furthering the interests of the region over international criminal justice. Following Kenya’s legitimate efforts to retain the jurisdiction over the crimes that took place in 2007–2008, the status of the defendants became an obstacle to effective prosecutions, giving rise to further areas of dispute, namely immunity, trial attendance and a general uncooperative attitude towards Prosecution requests, leaving the icc virtually unable to proceed. This article highlights the current problems encountered by the ICC in relation to the Kenya situation, and argues that a stronger collaboration with the African Union (AU) is vital for the ICC effectiveness in that region.