ABSTRACT

This chapter shows how the appearance of accused black men at the ICC is the epitome of this colonialism. It explores this by showing how the emerging iconography involving the African accused at the ICC reflects the existing and inherited biases of a colonial justice system towards the black body. The predominantly male accused reproduce patterns already documented in the UK and in the USA for example, where the black male is over-represented in the ‘criminal’ justice system. In relation to our discourse on iconography, Kenyatta and other Kapenguria detainees became icons of independence while their trials became iconic moments in Kenya’s political romance. The continuation of the colonial at the ICC exists through language and in the idea of justice and world order as represented outwardly by the ICC’s court building. The claim by the ICC to be a new way of acting out international justice is exposed here as a charade and the continuation of the past.