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{
    "id": 389024,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/389024/?format=api",
    "text_counter": 388,
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    "speaker_name": "",
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    "speaker": null,
    "content": "we ratify it. It is me who went to New York and deposited instruments of ratification of the ICC. I drafted the International Crimes Bill which domesticates that. I moved it in Parliament and it was enacted. With that self-interest, let me say that this Motion, particularly on the issue of withdrawal - and I read paragraph 4 which I have just affirmed - we want to withdraw Kenya from the Rome Statute to ensure that, in future, all criminal cases are handled by the Kenyan judiciary. That is what is stated in Clause 4. Mr. Speaker, Sir, the fact of the matter is, even if we were to withdraw today, as everybody has said, those cases will continue at The Hague and we will continue to co- operate. More importantly as somebody has said, the fact that we have withdrawn will not stop the Security Council in future from referring those cases to The Hague if a similar situation occurs in Kenya under Article 13(b) of the Rome Statute. That is why the President of Sudan is there. Sudan has not ratified the Statute, but he is there. It says that this will ensure that all future cases will not be done if we withdraw. This will not ensure that. More fundamentally and that is what has not been stated here, there is what in the international customary law we call “the universal jurisdiction of national courts”. It is under that concept of international law that you will find some local courts in France issuing warrants of arrest against leaders in Rwanda; some national courts in Belgium issuing warrants of arrest against some leaders in Congo and Chad. That concept is there. So, the issue is: Would you rather be tried--- If such a situation arises and you are no longer members of the ICC, would you rather be tried by those magistrate courts in those developed countries, or would rather be tried by an attested institution such as the ICC?"
}