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International Criminal Court Kenya Uhuru Kenyatta

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Kenya gets ‘rap on the knuckles’ for non-compliance with war crimes court

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Kenya's President Kenyatta appears before the ICC in The Hague on 8 October 2014. AFP Photo/Peter Dejong

An ICC judge ruled on Monday that Kenya failed to comply with its obligations to cooperate with the International Criminal Court. The court says the matter will be referred to the ICC's oversight body, the Assembly of States Parties.

Kenya had fought a campaign to have President Uhuru Kenyatta's trial quashed, along with that of William Ruto, Kenya's deputy president. They had both been accused of involvement in post-election violence in 2007-2008 that saw some 1300 people killed.

The collapse of the case was seen by many as one of the ICC's biggest setbacks. RFI spoke to Nick Kaufman, a lawyer and expert on the International Criminal Court.


Q&A Nick Kaufman

"It really is a rap over the knuckles or a request for a rap over the knuckles. In the meantime, the case against Uhuru Kenyatta has collapsed, Uhuru Kenyatta has effectively been cleared of the charges which were brought against him and this is a remnant. It’s a victory for the prosecution, but I would say it’s a pyrrhic victory. The consequences of this decision will not really be great. And the matter will probably be referred to the ASP, the Assembly of States Parties, at their next meeting and will most likely also be ignored given the position of power and influence that Kenya holds at the ASP."