ENOUGH OF GHANAIAN LAW AND POLITICS FOR NOW. LETS DO SOME PUBLIC INTERNATIONAL LAW. I HAVE HEARD IN THE NEWS THAT THE PARLIAMENT OF KENYA IS VOTING TO WITHDRAW FROM THE ROME STATUTE WHICH ESTABLISHED THE INTERNATIONAL CRIMINAL COURT. OBVIOUSLY, KENYA WANTS TO ESCAPE THE JURISDICTION OF THE COURT SO THAT ITS TOP POLITICIANS ARE NOT PROSECUTED. BUT WITH A COMBINED READING OF ARTICLES 1 AND 127 OF THE ROME STATUTE, IT LOOKS CERTAIN TO ME THAT KENYA CANNOT ESCAPE FROM THE CLAWS OF THE JURISDICTION OF THE ICC. ONCE IT BECAME A STATE PARTY TO THE ICC WITHOUT RESERVATION, KENYA WILL NOT SUCCEED IN ITS INTENTION EVEN IF IT WITHDRAWS FROM THE ROME STATUTE. PLEASE TAKE A READ: Article 1 The Court An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute. Article 127 Withdrawal 1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date. 2. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective. THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
Posted on: Thu, 05 Sep 2013 17:30:42 +0000
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