Legal Commentary

Update 2 from Annan conference in Geneva

By Ory Okolloh

Following points were raised about the ICC:

- It takes long - Cambodia process started way back in 2002, that’s six years.

- The court can only handle a few perpetrators so it needs to be reserved for the big fry…what happens to middle/lower level guys?

- For many reasons (including above) it is important not to lose sight of the national process…the ICC will always be there.

- Someone made the point that the ICC process will be too detached from the average Kenya, importance of process being local with cameras in court etc. should not be underestimated.

- Someone from the ICC should speak to Kenyans about the process, they don’t want to hear from pundits (hehehe).

-Someone suggested that they should announce investigations just to make the threat real.

- Annan thinks its critical for justice to be done.

- There should be a sense of balance - not just about Eldoret, but also Kisumu, Nakuru, Naivasha, Mombasa - one side should not feel victimized.

What the ICC is saying:
- They are monitoring Kenya, O’Campo has a special adviser

- Most effective as a stick e.g. in Columbia where the threat has been used to push for local prosecutions (takes time though)

Full post as published by Kenyan Pundit on March 30, 2009 (boomark / email).