To the shock of many who had anticipated that the ICC judges terminate the case against the president it was still put on hold until a later date but not thrown out.
One would then question why the ICC should hold unto the case given open admission by the OTP on luck of sufficient evidence.
One analyst argues this out,"Ocampo may have bungled the investigations, but what many people conveniently forget is that the cases were initially water tight to the extent that the pretrial chamber was convinced that there was sufficient evidence to sustain trial of UK, WR and Sang on crimes against humanity. The question that many are failing to ask is what happened to the evidence. The reason for the current lack of sufficient evidence is because critical witnesses have either recanted their statements, died (some in mysterious and suspect circumstances), disappeared or become hostile witnesses. Whichever way, the real victims may never see justice, not only because of the bungled ICC cases but more because there has been no political will to hold the actual perpetrators to account. The ICC can only deal with those most criminally culpable...what has prevented us from calling the rapists, murderers, arsonists to account? Why skewed 'compensation'....The ICC prosecution is hoping for adjournment to see whether they can tie the loose ends and have a water tight case...but as it is now...that may be a long shot..."