ABSTRACT
In 2002, the United States (US) Congress passed the American Service Members Protection Act. The act contains a number of provisions, one of which is that should a US citizen ever be put before the International Criminal Court (ICC), the US president should authorize that military force be used to free any such US personnel held by the ICC. However, the judges at the ICC rejected the prosecutor’s request to investigate the alleged war crimes in Afghanistan, citing the continuing instability in the country and the lack of cooperation with the investigators in Afghanistan. The ICC Kenyan campaign saw the corralling of the entire civil society into what would ultimately end up as a farce, a true circus show that the counter narrative had pointed to from the beginning. In Kenya, the dubious report of the Justice Philip Waki Commission was typical of a domestic contradiction that impedes international criminal justice in Africa.
