No man is an island, entire of itself; every man is a piece of the continent. Any man’s death diminishes me because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee(j Donne). International law imposes on states the duty to prosecute or extradite persons responsible for international crimes. Questions related to the international legal obligation to prosecute and punish international crimes have generated rich discussion.
While most commentators agree that international crimes should be prosecuted and punished pursuant to international law, the content of the duty to prosecute and punish these crimes under the substantive body of international law remains contentious. Many analysts argue that international law places hardly any restraints on a state's discretion in the punishment of international law crimes. A principal reason for this is that key sources of the duty to prosecute international crimes fail to expressly oblige states to prosecute and punish violations.
A further argument is that state practice so far is inconsistent. The rule of law is the main pillar of a true democracy in the 21st century and despite the knowledge of this statement the reality of it in Kenya is as much a mystery as it is a dream that has proved too hard to achieve or too elusive to catch. All states affirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation as is the spirit of the Rome Statute of the international court.
Crimes have been committed in Kenya that deeply shocked the conscience of humanity and warranted the intervention of international criminal law.When will justice be done?
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