THE ROLE OF INTERNATIONAL CRIMINAL COURT IN ADDRESSING THE STATE RESPONSIBILITY OF KENYA TOWARD ROME STATUTE IN POST ELECTION VIOLENCE (2007-2012)

Abstract

Kenya is one of the states that ratified many instruments of international human rights law including the Rome Statute. Rome Statute is treaty under customary international law that established International Criminal Court, a permanent court for serious atrocity crimes; genocide, crimes against humanity, war crimes and crimes of aggression. Kenya post-election violence in 2007 has become the ICC and international community attention since the crimes committed was the concern of the Rome Statute. According to Waki Commission, the post-election violence in 2007, was part of an organized and widespread attack outlined on the article 7 of the Rome Statute as crimes against humanity; indicated with the involvement of high-ranking authority; politician and business leader. Under the pillars of the Responsibility to Protect (R2P), as sovereign state Kenya has the responsibility to protect its populations from atrocity crimes. The international community will take appropriate collective action if the state failed to its obligation. The Government of Kenya has repeatedly promised for the creation of a special tribunal; to investigate and prosecute those responsible for atrocity crimes. But no concrete action and bill for special tribunal ever to be passed. Therefore, the international legal institution (ICC) under the concept of liberal institutionalism have role as accountability holder to prosecute and investigate individual official that responsible for atrocity crimes in post-election 2007. The investigation and accountability result from the ICC have created several reforms in constitutional and security forces accountability. Therefore, in Kenya post-election violence the ICC have a significant impact on the prevention of the recurrence widespread violence and accountability of state toward human rights violations.