Are immunities allowed in international criminal law? What about amnesties?
The ICC Statute is applicable to all persons equally, without any distinction based on official capacity. The capacity as head of state, in particular, cannot exempt a person from criminal responsibility. This means that no immunities are recognized before the ICC. When Kenya joined the ICC Statute, it accepted such a principle , and re-committed itself to carry out investigations and prosecutions for the crimes which fall under ICC jurisdiction. Any domestic provisions granting immunities are not recognized at the international level. So, if Kenya cannot try perpetrators in national tribunals due to immunities provisions, the ICC will consider that Kenya is unwilling or unable to act, and will therefore take over the case. Similarly, any domestic provisions on amnesties are irrelevant for the ICC. A national law granting amnesties to perpetrators can render Kenya unwilling to prosecute in the eyes of the ICC, and make the Court intervene. In short, immunities and amnesties are neither
