NAIROBI, Kenya- Kenya has called for urgent reforms at the International Criminal Court (ICC), saying US sanctions are not the right way to address the court’s shortcomings.
Foreign Affairs Principal Secretary Korir Sing’oei said the ICC deserved serious criticism for failing to meet the mandate and expectations for which it was established. He also accused the court of being selective in its focus.
“What it needs is urgent reform. Not sanctions,” Sing’oei said, adding that Kenya would work with other States Parties to reform the court.
Kenya is a member of the ICC and ratified the Rome Statute in 2005. The court investigated crimes linked to Kenya’s 2007–08 post-election violence.
That investigation was closed in November 2023.
The United States announced the sanctions on Friday, October 9.
They target the ICC as an institution, extending earlier US measures against individual court officials.
The sanctions could affect companies that provide services to the court, including banking, insurance and technology services.
US Secretary of State Marco Rubio said Washington would not allow the ICC to prosecute Americans.
The US has objected to the court’s arrest warrants for Israeli officials, including Prime Minister Benjamin Netanyahu, and its investigations involving US personnel.
Reuters reported that the ICC says its Afghanistan investigation, which concerns alleged crimes by US forces, has been deprioritised.
The sanctions include a six-month grace period and exemptions for some transactions.
Rubio said the measures were structured to give the court and its member states time to address US concerns.
The ICC rejected the sanctions, describing them as an attack on the rule of law and the international legal order.
It said it would continue its work and called on its 125 member states to help ensure it could operate.
The European Union also criticised the US move, saying it “deeply regrets” the sanctions and is ready to take measures to help the court continue its work.
Kenya’s call for reform comes as the court faces renewed pressure over its independence and reach.
Sing’oei said the government would work with other States Parties to pursue changes, while rejecting sanctions as the answer.
