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Why the world court is likely to succeed

It has taken the world many years to come up with an International Criminal Court. Rome Statute of 1998 was a breakthrough after years of diplomatic negotiations. It was for the first time, following the UN sponsored tribunals, for the world leaders to make up their mind and say no to crimes against humanity, crimes of war and crimes of aggression. Being aware of the atrocities following the war of Hitler, acts of genocide, targeted killings and assassinations linked to power, and struggle for space have made it possible to believe that world court is totally different from national law courts.
Even if corruption has no sacred place on earth and any court can be corruptible, it is a fact that bribing or arm-twisting judges of the ICC has become a real thunderbolt for Kenya. To the eyes of lay men, the on-going Kenyan cases at The Hague are calling for more questions than answers. To the eyes of international criminal lawyers, it is quite explicit that the ICC will never depart from the principles of justice.
Since the time Kenyans fought over flawed elections in 2007, Kenyan intelligentsia has been working day and night of how to understand justice. Actually, some mypic thinkers argue that justice is something one can own and command. No please! Definition of justice is rather problematic. From the legal perspective all we can say is that we see justice from the work of courts – that is, what judges decide, what lawyers do, what prosecutors stand for and what the general public perceive of justice. What is certain is that Kenyan justice system has been significantly identified as corruptible and prone of taking bribes. Recently Chief Justice revealed how courts take bribes to compromise justice. It also revealed how police officers take bribes from law breakers. Top most politicians have their cases quashed. Politics in Kenya usually tends to command and over power justice system. Worse still, such politically inspired crimes are usually dealt with through political mechanisms. The cases facing Kenya at the ICC can only see justice in the world court but not national courts.
It is apparently clear that the world court shall hardly compromise its dignity and significance. Even if it is a treaty court and state parties threaten to call for a walk out, the truth shall remain that justice must be served. Criminal cases can even last for 5 decades or more, but justice shall one day be delivered to the people. The same Kenyan politicians voted unanimously in favour of the ICC. Now changing attitude is just speculative and quite intriguing. What the Kenyan government should do is to have better and smarter brains other than deploying politics.
As the Kenyan cases are still calling for more investigations and considerations of facts, a lot more is happening around the world that may soon call for the intervention of the ICC. The situations of Syria, Yemen, Burundi among many others, will always justify the importance of having world court other than relying fully on corruptible national courts.
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About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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