WILL KENYA WIN THE WAR AGAINST PIRACY ALONG HER COAST?

In the recent past millions of children, women and men have been the victims of unimaginable atrocities that have left the conscience of humanity in shock. Such crimes threaten the peace, security and well-being of the world.The most serious crimes of concern to the international community as a whole must not go unpunished. All persons are united by common bonds, their cultures pieced together in a shared heritage. This delicate mosaic may be shattered at any time if crimes and atrocities as have been seen during recent times in this century are not stopped and avoided. The post-election violence experienced in Kenya in 2008 is an example of atrocities that have shocked the conscience of humanity and should not be allowed to be repeated at all costs.

International law imposes on states the duty to prosecute or extradite persons responsible for international crimes. The blogger  focuses on this, presenting an analysis of the position of international law on the question whether and to what extent states are under a legal obligation to prosecute international crimes. He reviews this question in relation to the concepts of jus cogens and the obligation erga omnes. Although it is sometimes contested that piracy is not an international crime, we nevertheless think that piracy deserves to be included in the category of international crimes affecting the international community. This crime has persisted in the Indian Ocean and the Coast of Somalia in Africa. The blogger is looking at the international legal framework regulating piracy and Kenya’s domestic system, which has been singularly entrusted with the task of prosecuting pirate cases off the coast of Somalia. He concludes that, although

Kenya has prosecuted piracy, it has faced several challenges including inadequate international and municipal legislative frameworks, jurisdictional problems and a lack of capacity. The blogger will focus on crimes under international law – that is, conduct that infringes international law and which is punishable as such by the imposition of individual criminal liability – rather than all crimes that have an international aspect. Furthermore, he does not analyse all conduct that may constitute a crime under international law but rather deliberates on those crimes that constitute jus cogens violations of international law, especially war crimes, crimes against humanity, genocide, and torture.

THE PLACE OF INTERNATIONAL CRIMINAL LAW IN KENYA

  

 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?