A Human Rights Defender's Perspective

The ICC has been on a back foot lately. Accusations of bias hammered at every forum attended by African leaders on the continent and abroad, and writings and opinion pieces by African and other international scholars have been a la mode ! Lecture halls and public rallies’ podiums in Kenya and other parts of the continent have been reduced to a castigation of the ICC as neo-colonial and overtly biased. The discussions and counter discussions which are unlikely to end soon have been tied in with the general declared war against afro-pessimism and a call for African renaissance that has taken center stage giving it a fair share of talk time. This coupled with the apparent fumbling characterized by the manner in which the Court has handled its cases lately most notably the Kenyan Cases – the seemingly unprofessional gathering of evidence, claims of witness coaching and intimidation among other things has greatly muddied the Court’s image even at its most genuine self. These

The African culture is a very welcoming one. Going back ages, Africans are known to be best at offering a shoulder to their neighbors in times of adversity. In Kenya for example, foreign nationals tend to feel comfortable fast and assimilate more easily than when Africans relocate or even visit Europe or the Americas. It is therefore no surprise that Kenya hosts one of the largest refugee camps in the world. It is not just about our proximity to conflict prone countries or the economic advantages we are likely to get as development partners come in to assist with the issues, but more importantly an appreciation of the importance of protecting the dignity of these neighbors in their greatest hour of need – a concept that sadly immediately disappears once a conflict breaks out. Neighborliness aside, the willingness to host gives birth to certain obligations internationally recognized and respected. The fact that the Kenyan Parliament saw if fit to make legislation in the form of