After its request being denied by UNSC, Kenya is now looking forward to the next session of ICC assembly of states where it will propose amendment to article 27 which speaks about individual criminal responsibility of head of state.
A Guatemalan court official says the trial of former dictator Efrain Rios Montt will restart in January 2015 in response to the Constitutional Court throwing out an earlier conviction of the strongman for the massacre of thousands of Maya. Court secretary Wilbert Molina said Tuesday that the panel of judges will be occupied with other trials in 2013 and 2014. Molina says the trial is set to start Jan. 5, 2015, because appeals in the process have led to postponements. In May, 87-year-old Rios Montt was sentenced to 80 years in prison after being convicted of knowing about the slaughter of 1,771 Ixil Mayans during Guatemala’s civil war. The Constitutional Court overturned the conviction 10 days later, saying proceedings should have waited while defense appeals were resolved.
So i came across an article. I specially liked the ‘The case of UNSC deferral’ portion which actually makes it clear that diplomacy and play of politics has some, if not more, limitations in light of international law laid down. though, since states are sovereign, this limitation might not produce any desirable interest. And secondly, the principle of individual responsibility in international law is posing new problems as we are witnessing in kenya. where accused persons are at helm of state affairs and were democratically elected and trying to prosecute them at this time doesn’t seem feasible. but we can’t let them go free as they had committed crimes. Thirdly, there is another problem of selective justice i.e. by and large product of notion of sovereignty and economics mixed with politics. we have not came across any head of state from any of the western countries who has been proceeded against except the Nuremberg trials which is a separate category altogether.
Anyways, enjoy reading the article