I’ am very disappointed in The Hague based International Criminal Court (ICC). The ICC has always claimed to be a court of justice for all. It has projected itself as a court where justice is served in equal measures to the rich and poor, young and old, whites and blacks. But it is now apparent that ICC system of justice is biased.
Here is why. By a majority vote of the judges of the trial chamber V (a), Mr. Joshua Arap Sang’ was denied a once in a life time opportunity to attend his daughter’s graduation ceremony in Kenya. Yet on the other hand, President Uhuru Kenyatta and his deputy William Ruto have received special treatment notwithstanding requirements of the law in regard to crimes for which they are accused.
ICC has consistently deployed a double standard in their administration of justice towards cases facing Mr. Ruto and Mr. Kenyatta on one hand and Mr. Sang’ on the other hand. Mr. Sang is accused alongside Mr. Ruto and Mr. Uhuru for crimes against humanity.
Although both cases are similar in law and in gravity, it seems social statuses of the accused informs decisions of the judges. As the rich and powerful Uhuru and Ruto are accorded preferential treatment, the poor and weak Sang’ gets evil eye. It seems ICC want to sacrifice Sang’ to appease its quickly deteriorating status.
I believed in the ICC’s process for equal administration of justice. I always anticipated delivery of unbiased justice for the accused persons and the victims of post-election violence. But current state of affairs has raised grave misgivings. I doubt ICC will deliver fair justice.
By disenfranchising Sang, ICC has exposed itself as a typical court whose decisions are politically motivated. Like in the famous Animal Farm where some animals are more equal than others, ICC in my opinion has become a court where the rich are more equal than the poor.
The court has in previous incidences granted Mr. Ruto a break to attend to his personal and official duties in Kenya. At one point ICC gave Ruto a blanket excusal from physical appearance at most of the proceedings until the appeal chamber overturned that ruling. Mr. Uhuru has not only been given a blanket excusal to be physically present in most proceedings but his case has been postponed unconditionally until next year.
Based on law, blanket excusals are not permitted as was reaffirmed by appeal chamber. But because ICC has morphed into a political court, political considerations influence its decision. Instead of asserting its judicial presence, ICC is now regurgitating its hitherto hidden political innuendoes.
When it come to the lowly Mr. Joshua Arap Sang, an ordinary Kenyan, a man whose name and social status doesn’t bear political influence; ICC put its foot down and crushed his hopes of attending graduation ceremony for his daughter. That’s a shame. ICC has broken the heart of Mr. Sang. ICC has also broken the hearts of ordinary Kenyans.
Lest we forget, ordinary Kenyans have suffered in the hands of their own justice system for far too long. The Kenyan judiciary has always been hostile to the poor and the weak.
By the same laws, the rich are slapped on the wrist and poor are hanged. It seems that’s what ICC has transformed itself into, a lenient court to the rich and politically connected individuals and a stringent court to the poor and the weak.
But we won’t allow that to happen at ICC. The ICC must demonstrate to ordinary Kenyans that it is a serious court whose agenda is informed by the quest to serve equal justice regardless of social status. Sang has always cooperated with ICC. He has done everything he was asked to do.
Sang’ has remained at The Hague since the beginning of his trial. He has never asked for a break. He hasn’t seen his family. He has done everything required of him. He deserves a chance to take a quick break to fly home. Sang is rightfully Kenyan.
ICC has disappointed millions of Kenyans. As a self-professed lover of justice, I’ am appalled. I appeal to ICC to reconsider its ruling and grant Sang’ a break to attend his daughter’s graduation ceremony. If ICC cannot do right by ordinary Kenyans, it has no jurisdiction presiding over Kenyan cases. Double standard justice is no justice at all.
- By Jacktone Ambuka, a Kenyan residing at State College Pennsylvania USA. You can reach me by email jsambuka@yahoo.com, Twitter @JackAmbuka
