Foreign Affairs Principal Secretary Korir Sing'Oei during a past event /FILEForeign Affairs Principal Secretary Korir Sing’oei has criticised the International Criminal Court (ICC) over what he described as selective focus and failure to meet the expectations under which it was established, saying the institution needs urgent reforms rather than sanctions.
Sing’oei said Kenya would continue working with other states that are parties to the Rome Statute to push for reforms at the court, following the United States’ decision to impose sanctions on the ICC.
“The ICC deserves serious criticism for failing to live up to the mandate and expectations for which it was established and for being selective in its focus,” Sing’oei said.
“What it needs is urgent reform. Not sanctions. Kenya will continue to work with State Parties to reform the court.”
The Principal Secretary was responding to a statement by US Secretary of State Marco Rubio defending President Donald Trump’s administration’s decision to sanction the court over its jurisdiction and investigations involving Americans.
Rubio said both Republicans and Democrats had rejected the idea that the ICC had authority to prosecute American citizens, military personnel or political leaders, arguing that the United States had never joined the court.
“We don't need that court, and we don't want it,” Rubio said.
He argued that international legal experts were seeking to expand the court’s powers to prosecute American citizens and service members, including those involved in defending the country, as well as border patrol agents and elected leaders responsible for national security.
Rubio said the sanctions were intended to restrict the court’s resources and prevent it from taking action against Americans.
“And President Trump will never allow the International Criminal Court to prosecute Americans. And that's why today, the United States is sanctioning the International Criminal Court,” he said.
The US secretary of state described the ICC as a “rogue court” and said Washington would block transactions with the institution, warning that the administration would continue efforts to dismantle it if it pursued what the US considers threats against Americans.
“Either the ICC will end its threats, or we will end the ICC,” Rubio said.
He also called on US allies, including countries that are members of the ICC, to rein in the court, arguing that some rely on American service members for their defence.
Sing’oei’s response acknowledged shortcomings at the court but drew a distinction between the need for institutional reform and the use of sanctions, maintaining that Kenya would pursue change through engagement with other member states.
The exchange highlights divisions over the court’s authority, accountability and relationship with countries that are not parties to the Rome Statute.
The ICC is a permanent international court established under the Rome Statute to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression under specified conditions.
It is separate from the United Nations, although the two institutions have a formal relationship.
The United States is not a party to the Rome Statute, while Kenya is a member state.
The court’s jurisdiction is not limited exclusively to nationals of member states: under certain circumstances, it can investigate alleged crimes committed on the territory of a state party or where jurisdiction is otherwise conferred under the Rome Statute.
The US position reflects longstanding objections to the possibility of international prosecution of American nationals without Washington’s consent.
Supporters of the ICC, however, argue that international accountability is necessary where national authorities are unwilling or unable to genuinely investigate and prosecute serious crimes within the court’s jurisdiction.
Kenya’s position, as outlined by Sing’oei, is that criticism of the court should lead to reform rather than sanctions that could undermine its ability to operate.
