MATTERS LAW Spewing venomous vitriol on Bensouda for refusing to throw-out the criminal indictments against Kenyatta and Ruto is neither here nor there in legal circles. Worldwide, the Criminal Procedure Systems(CJS) is explicitly equivocal on the distinct mandates bestowed on every Judicial organ to execute - and so, Bensouda did her part exhaustively in respect to the provisions of the Rome Statutes that employed her. So, either all the witnesses withdraw, redact, or even wholesomely deny their statements that they once swore under oath, the Office of The Prosecutor(OTP) is legally presumed to have independently exercised its legal mandates as per the law. Its thus the prerogative of the Judges of the ICC to carefully listen and scrutinize the ostensible authenticity of the incriminating evidence provided by the OTP, vis a vis the exonerating submissions from the defense, for them to arrive at the ultimate verdict - period! Bensouda is therefore fully protected by law to pursue those 2cases to their logical legal conclusions, notwithstanding the coercion and global criticism that scathingly seeks to compel her to withdraw the the charges. But, on the other side, there is a serious problem that gives this good prosecutor countless sleepless nights; the same Rome Statutes commands her to uphold the maximum discipline, dignity and integrity of her investigations so as not to tarnish the Internationalism of this Global Court. She has no choice but to uphold to that crucial obligation. Any frivolity, political-patronage, malice, innuendo and vendetta against the accused has no place in the Rome Statutes, and that is where her predecessor failed miserably - Ocampo went political instead of legal, contrary to the Statutes that he was employed to enforce. This regrettable legal technicality leaves the poor Bensouda with ZERO options but to either withdraw the aforementioned cases or wait for her ruthless crucifixion in the fulness of time, when the Judges finally throw-out her files due to lack of sufficient evidential threshold. ............a tough balancing act thereof.
Posted on: Fri, 05 Sep 2014 09:22:42 +0000
Trending Topics
Recently Viewed Topics
© 2015