Wednesday, May 22, 2013 -- BY NZAU MUSAU
KENYA’s
ambassador to the UN has stuck to his criticism of the International
Criminal Court describing it as a failing institution in an opinion
published in the Nation yesterday.
Macharia Kamau said nations of
the world should “revisit its ICC fundamentals” in the article
justifying his controversial letter requesting the UN Security Council
to terminate the Kenyan ICC cases.
Both Deputy President William Ruto and Attorney General Githu Muigai swiftly distanced themselves from Macharia's first letter in May. They insisted Kenya is fully committed to working with the ICC.
However Macharia has not been subject to any disciplinary action, implying that his first letter was not a solo effort and was sanctioned in some quarters of the state.
In his opinion in the Nation yesterday, Macharia said he had a right to air Kenyan views to the Security Council since the Kenyan state itself is not on trial at the ICC.
He maintained his position that the trials should be terminated now that Uhuru Kenyatta and William Ruto have been elected the President and Deputy President.
“The main purpose of the ICC seems to be advance the career interest of a handful of jurists and academics, and to enrich international law jurisprudence. I can see no reason to sacrifice the interests of Kenyans to such vain ends,” he argued.
Macharia said the ICC lacks “true legitimacy” in the international community and has only secured one conviction in ten years at a cost if “millions of dollars."
He said that Kenyans made a sovereign electoral choice incompatible with the continuation of the cases.
“The prosecution is using the cases in questionable faith to sustain the relevance of a failing institution,” he said.
Macharia’s first letter earlier this month asked the Security Council to “pronounce itself “in light of the situation obtaining in Kenya.”
In particular he asked for support from "the African and Latin American states and friendly allies (China, USA, India, Russia et al) to use their influence and good offices" to help Kenya.
The letter criticised the architecture of the Rome Statute and said, “It is time to act, and act decisively.”
Macharia said the Rome Statute created a prosecutor who is answerable to no one apart from the court.
Last week, Macharia wrote a second letter to the current chair of the UN Security Council Kodjo Menan seeking audience with the UNSC members to expound on his first letter.
Macharia Kamau said nations of
the world should “revisit its ICC fundamentals” in the article
justifying his controversial letter requesting the UN Security Council
to terminate the Kenyan ICC cases.Both Deputy President William Ruto and Attorney General Githu Muigai swiftly distanced themselves from Macharia's first letter in May. They insisted Kenya is fully committed to working with the ICC.
However Macharia has not been subject to any disciplinary action, implying that his first letter was not a solo effort and was sanctioned in some quarters of the state.
In his opinion in the Nation yesterday, Macharia said he had a right to air Kenyan views to the Security Council since the Kenyan state itself is not on trial at the ICC.
He maintained his position that the trials should be terminated now that Uhuru Kenyatta and William Ruto have been elected the President and Deputy President.
“The main purpose of the ICC seems to be advance the career interest of a handful of jurists and academics, and to enrich international law jurisprudence. I can see no reason to sacrifice the interests of Kenyans to such vain ends,” he argued.
Macharia said the ICC lacks “true legitimacy” in the international community and has only secured one conviction in ten years at a cost if “millions of dollars."
He said that Kenyans made a sovereign electoral choice incompatible with the continuation of the cases.
“The prosecution is using the cases in questionable faith to sustain the relevance of a failing institution,” he said.
Macharia’s first letter earlier this month asked the Security Council to “pronounce itself “in light of the situation obtaining in Kenya.”
In particular he asked for support from "the African and Latin American states and friendly allies (China, USA, India, Russia et al) to use their influence and good offices" to help Kenya.
The letter criticised the architecture of the Rome Statute and said, “It is time to act, and act decisively.”
Macharia said the Rome Statute created a prosecutor who is answerable to no one apart from the court.
Last week, Macharia wrote a second letter to the current chair of the UN Security Council Kodjo Menan seeking audience with the UNSC members to expound on his first letter.
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