Drama of the Kenyan case makes ICC woes seem academic

The international Criminal Court case against the so-called Ocampo-four in Kenya has generated much international interest. Many Rwandans also seem to have taken a keen interest, as they follow the goings on in Kenya locally through the increasingly popular Citizen TV. It may be recalled that it is the outgoing ICC prosecutor Luis Moreno-Ocampo who initiated investigations into the crimes stemming from the 2008 post-election violence in Kenya in which the four are set to stand trial.The four include Deputy Prime Minister Uhuru Kenyatta, Member of Parliament William Ruto, former Head of Public Service Francis Muthaura and Kass FM radio presenter Joshua arap Sang. It is the opinion of many that their impending trial holds the promise of a riveting courtroom drama, and that it will be preceded by a bruising presidential campaign in which DPM Kenyatta and Mr. Ruto are in full throttle as aspiring candidates.Of great interest in Kenya at the moment, therefore, is that the ICC has indicated that the trials may start after March 2013, the month the Kenyan elections are expected to be held (barring litigations that it be held in December 2012). While the ICC judges are set to make a ruling on the trial dates in mid-July, Moreno-Ocampo says that the ICC has got nothing to do with what goes on in Kenya as far as Kenyatta and Ruto presidential campaigns are concerned. The legality of their standing for election, despite the pending ICC trials, is a matter for the Kenyan courts to decide. This has heightened the drama, as individuals and the garrulous Kenyan civil society wait in the wings to challenge their presidential candidacy in court. In the meantime, it may also be recalled that it was under Moreno-Ocampo’s watch that the ICC has received a lot of flak with the accusation that the Court’s credibility suffers from a “pro-Western, anti-African” bias.The critics charge that one only need look at the list of conflicts, human rights abuse and the so called “collateral damage” around the world over the last ten years since the Rome Statute came into force to appreciate the bias. To take the mantle as prosecutor in the Kenyan case and handling ICC public relations against such accusations is Ocampo’s deputy, Ms Fatou Bensouda, who already seems quite adept at the job. In the end it is justice that matters. To the Kenyan victim, the reality of the impending trial and the fact that it will take place after so long, despite the apparent local and international political intrigues make the accusations of ICC bias seem academic.Many are beginning to understand that, perfect or not, it is in the ICC jurisdiction irrespective of where or by whom the international crimes are committed, to put to account individual criminal responsibility and bring justice for victims. Twitter: @gituram