This month, the first of what are arguably the two most important trials in the short history of the International Criminal Court (ICC) began. Kenya’s Deputy President, William Ruto, is accused of crimes against humanity (murder, deportation or forcible transfer of population and persecution) allegedly committed in Kenya in the context of the 2007-2008 post-election violence.
He is the first high office holder to appear at the Court. In the second trial, scheduled to begin in November this year, Kenya’s newly elected President, Uhuru Kenyatta, will also contest accusations of crimes against humanity (murder, deportation, rape and persecution), also allegedly committed in the context of post-election violence. As a backdrop to all of this, not only did Kenyan members of parliament vote to approve a motion to leave the ICC, the African Union has called a special summit to discuss a mass withdrawal from the ICC in protest at Ruto trial.
Is the ICC, as accused in May of this year by Ethiopian Prime Minister Hailemariam Desalegn, guilty of “hunting Africans”? And can the Court fulfill its aim of a truly global institution of criminal justice when global powers (the United States, Russia, China) and emerging powers (India, Indonesia) not only refuse to ratify the Rome Statute (the Court’s governing treaty), but appear beyond the reach of the Court’s justice?