Three hours at the ICC- a journalist's perspective

I had in mind a court housed at an opulent building with massive security, but alas, the International Criminal Court (ICC) is temporarily located at a modest building in The Hague, Netherlands with a once parking lot at the building having been converted into a reception area.

However even with such modesty, the ICC is feared and liked in Africa with equal measure- feared by despots and warlords but loved by ordinary people in the continent who feel let-down by their countries' legal systems. Discussing the ICC anywhere in the world brings highly polarized views, with some blatantly dismissing the court as preying on weaker targets, mostly Africans.  Some have questioned why former USA president George W Bush and former British Premier Tony Blair have not been hauled before ICC for their bloody excursions during the Iraq war about decade ago. And when I posted on my Facebook that I was visiting the ICC one of my friends commented:"Ask them where is Bush n Blair". Yes, this is how deep many people feel about the two leaders, take them as suitable candidates for the ICC.

But walking through the ICC doors on a Friday morning, I could not help but marvel on its simplicity, at the same time hailing the court for sentencing Congolese warlord, Thomas Lubanga to 14 years for recruiting and using child soldiers. The appeals judges at the ICC early this month upheld the conviction. Lubanga was convicted in March 2012 of recruiting and using child soldiers between 2002 and 2003.

To date, four States Parties to the Rome Statute (which governs the ICC)- Uganda, the Democratic Republic of the Congo, the Central African Republic and Mali – have referred situations occurring on their territories to the Court. In addition, the Security Council has referred situations in Darfur, Sudan, and Libya – the two countries are not States Parties to the Rome Statute. After a thorough analysis of available information, the Prosecutor has opened and is conducting investigations in all of the cases. The Office of the Prosecutor is also currently conducting preliminary examinations in a number of cases including Afghanistan, Georgia, Guinea, Colombia, Honduras, Korea and Nigeria.

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court's expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.

And on the day of my visit with various Human Rights Defenders from all over the world who are part of The Hague Training Course on Human Rights Defenders and Security organised by the Justice and Peace Netherlands, the court case for Kenyan Vice President William Luto and his accomplice Joshua Arap Sang was in session. However it was also on this day that it was announced that charges against Kenyan President Uhuru Kenyatta were dropped. The charges emanated from the violence which engulfed Kenya after the 2007 general elections.

Ruto is accused of being criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of; murder deportation or forcible transfer of population and persecution. Sang faces similar charges.

According to a statement by the prosecutor of the ICC Fatou Bensouda, the Judges of Trial Chamber V (B) of the International Criminal Court (ICC) declined to further adjourn the trial of Kenyatta.

"Accordingly, given the state of the evidence in this case, I have no alternative but to withdraw the charges against Mr. Kenyatta.  Earlier today, I filed a notice to withdraw charges against Mr. Kenyatta.  I am doing so without prejudice to the possibility of bringing a new case should additional evidence become available," she said in a statement.

Despite, the notion that the ICC is targeting Africans, the court's International Cooperation Adviser, Richard Nsanzabaganwa said most the cases at the ICC were brought by the countries themselves except for a few cases which were brought by the United Nations Security Council. And Kenyan case was initiated by the ICC prosecutor.

When and how would people think is a bad thing to render justice. If there is evidence to prosecute someone, when you are saying why are you prosecuting these people are you talking from his perspective (accused person), or from justice perspective or from the victim's perspective. The prosecutor is on the side on the victims," Nsanzabaganwa revealed

Nsanzabaganwa said of the Kenya case: "when post-election crisis happened …did you watch this on TV… so everyone was in shock, the (ICC) prosecutor was also in shock and the Rome Statute is there to make sure that such things do not happen in State Parties".