Referring Situation of Kenya to Penal Court; an Epitome of Options of Public Prosecutor in Article 15 of the Statute

Context and The situation of Kenya is the first case which the public prosecutor according to his options based on article 15(1) of constitution, begins the investigation, without the case being referred to him by the Kenyan government or the Security Council. In any case, the situation of Kenya gave this opportunity to the penal public prosecutor that to his discernment refers the case to the penal court. This paper is descriptive-analytic and library based and also based on votes of international penal court in situation of Kenya. Although repeated procrastination of Kenya’s government in investigating and pursuing the events of Kenya’s 2007 post-election caused the request of public prosecutor for executing the investigations in situation of Kenya to be postponed several times, penal court finally accepted the request of public prosecutor for executing research in Kenya’s situation. Although the Kenyan government at several stages of legal procedure tried to prove that the referring of case from public prosecutor to the penal court is contrary to the statute, their claims failed. International penal court according to clause 4, article 15 of statute has the right to refuse the claims of Kenyan government, because referring the situation of Kenya on behalf of public prosecutor has done according to clause 1 and 3, article 15 of statute.