Africa Center Assistant Director Joshua Meservey writes for US News and World Report on the withdrawn charges against Kenya’s president in the International Criminal Court:
The International Criminal Court’s highest profile case to date, the indictment of Kenyan President Uhuru Kenyatta for his alleged involvement in Kenya’s 2007 post-election violence, collapsed on Dec. 5 when prosecutors withdrew charges against him, citing a lack of evidence.
The withdrawal is the latest blow to a court that has secured only two convictions in its 12 year history. Four of the original six Kenyans indicted in the post-election violence case had their charges dropped or rejected. Sudanese President Omar Bashir, under an arrest warrant since 2009, remains president and even travels internationally, despite court pleas to arrest him.
The court has been within its authority to pursue Kenyatta and Bashir. It was established by the Rome Statute that authorizes it to bring charges against suspects under three conditions: When a country refers a case to the court, when the United Nations Security Council refers a case or when the court prosecutor decides to bring a case.