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.
