I agree with Jubilee parliamentarians, Kenya should pull out of ICC now not tomorrow. This court borne out of Rome Statute is a seriously flawed institution that lacks prudent safeguards against political manipulation, possesses sweeping authority without accountability to the U.N. Security Council, and violates national sovereignty by claiming jurisdiction over the nationals and military personnel of non-party states in some circumstances. The court also lacks external checks and balances, the ICC Judges are final authority on challenges or questions brought concerning its misinterpretation of Rome Statutes. In other words, there is an illusion that the Court has separate and independent branches but in reality it is one and the same thing. Their decisions on issues of admissibility and complementarity cannot be challenged elsewhere since they are the final word. It is always a waste of money to challenge admissibility because the challenge is brought before the same Court seeking their help to overrule themselves. It is in the interest of the ICC Judges for the Court to continue looking like they are relevant and active and overruling its own prosecutor will be like shooting self in the belly.
Posted on: Wed, 04 Sep 2013 13:40:42 +0000
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