One of the most troublesome situations pending at the ICC is the Kenyan case. A crucial battle is going on between the Court and the Kenyan state, which embodies most of the contrasts and tensions which emerged during this decade of activity of the Court with regard to the African countries. A sort of “boomerang effect” can be observed: the prosecution of Uhuru Kenyatta and William Ruto, the current President and Deputy President of Kenya, which had initially a deflagrating impact in the country, is now shaking the Court in The Hague to its fundaments and risks of having little, if any, impact in terms of retribution on the perpetrators of the grave crimes committed during the 2007-2008 post-electoral violence. However, albeit not immediately measurable in terms of accountability, the ICC intervention in Kenya was all but irrelevant, and for several - both substantive and procedural – legal aspects the Kenyan proceedings will serve as important precedents for the work of the Court and international justice in general.
Chantal Meloni, researcher, International Criminal Law, Università degli Studi di Milano