This article1 evaluates the International Criminal Court´s first years of operation, taking stock of the institution’s activity. It describes and analyzes the main challenges which confronts this institution, namely: a) universality, complementarity and cooperation; and b) peace and justice. In the specific case of Kenya, the President and Vice-President of the Republic are suspected of committing crimes against humanity. Considering the positions taken by the African Union, the debate is whether the introduction of immunity from criminal jurisdiction, albeit temporary, to Heads of State and Government while in Office may, or may not, come to represent a step backwards for the idea of combating impunity for the most serious international crimes.