The International Criminal Court And The End Of Impunity In Kenya
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Author | : Lionel Nichols |
Publisher | : Springer |
Total Pages | : 278 |
Release | : 2015-02-02 |
Genre | : Political Science |
ISBN | : 3319107291 |
The period immediately following Kenya's 2007 presidential election left a shocking trail of atrocities, with over 1,000 people dead and countless thousands left victimised and displaced. In response, the International Criminal Court began a series of investigations and trials, promising no impunity for even the highest ranking perpetrators. When the country's president and vice-president were implicated in the crimes, the case took on worldwide significance. The International Criminal Court and the End of Impunity in Kenya is a five-year study addressing critical human rights issues with a global reach and is the first detailed account of the ICC's intervention in Kenya. It probes the relationship between the ICC and state institutions, known as positive complementarity, and asks whether the ICC's intervention led to an end to impunity. The author provides comprehensive analysis of the Waki Commission's sealed envelope, the government's attempts to establish a special tribunal and the trials in The Hague. He also provides in depth consideration of any influence the ICC's intervention may have had on the passing of a new constitution, the establishment of a truth commission and important reforms to the judiciary, police and witness protection programme. Documenting the effects of these interventions on the Kenyan people, and on the country's legal and judicial systems, the book provides vital lessons in global justice as it: •Details the ICC's involvement in Kenya in the aftermath of extreme violence and instability •Evaluates the ICC prosecutor's strategy of positive complementarity •Identifies optimal conditions for positive complementarity to be effective •Links cultures of impunity to state-sponsored corruption •Explores the possible impact of the ICC on national and global policy •Discusses implications in responding to future crimes against humanity Replete with official government sources, The International Criminal Court and the End of Impunity in Kenya is necessary reading for researchers and practitioners working in public international law, particularly those specialising in conflict and post-conflict states.
Author | : Serena Sharma |
Publisher | : Routledge |
Total Pages | : 167 |
Release | : 2015-12-22 |
Genre | : Political Science |
ISBN | : 1134703805 |
This book provides an account of how the responsibility to protect (R2P) and the International Criminal Court (ICC) were applied in Kenya. In the aftermath of the disputed presidential election on 27 December 2007, Kenya descended into its worst crisis since independence. The 2007-08 post-election crisis in Kenya was among the first situations in which there was an appeal to both the responsibility to protect and a responsibility to prosecute. Despite efforts to ensure compatibility between R2P and the ICC, the two were far from coherent in this case, as the measures designed to protect the population in Kenya undermined the efforts to prosecute perpetrators. This book will highlight how the African Union-sponsored mediation process effectively brought an end to eight weeks of bloodshed, while simultaneously entrenching those involved in orchestrating the violence. Having secured positions of power, politicians bearing responsibility for the violence set out to block prosecutions at both the domestic and international levels, eventually leading the cases against them to unravel. As this book will reveal, by utilising the machinery of the state as a shield against prosecution, the Government of Kenya reverted to an approach to sovereignty that both R2P and the ICC were specifically designed to counteract. This book will be of interest to students of the Responsibility to Protect, humanitarian intervention, African politics, war and conflict studies and IR/Security Studies in general.
Author | : Gerhard Werle |
Publisher | : Springer |
Total Pages | : 304 |
Release | : 2014-09-09 |
Genre | : Law |
ISBN | : 9462650292 |
The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
Author | : Serena K. Sharma |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : History |
ISBN | : 9781315882130 |
This book provides an account of how the responsibility to protect (R2P) and the International Criminal Court (ICC) were applied in Kenya. In the aftermath of the disputed presidential election on 27 December 2007, Kenya descended into its worst crisis since independence. The 2007-08 post-election crisis in Kenya was among the first situations in which there was an appeal to both the responsibility to protect and a responsibility to prosecute. Despite efforts to ensure compatibility between R2P and the ICC, the two were far from coherent in this case, as the measures designed to protect the population in Kenya undermined the efforts to prosecute perpetrators. This book will highlight how the African Union-sponsored mediation process effectively brought an end to eight weeks of bloodshed, while simultaneously entrenching those involved in orchestrating the violence. Having secured positions of power, politicians bearing responsibility for the violence set out to block prosecutions at both the domestic and international levels, eventually leading the cases against them to unravel. As this book will reveal, by utilising the machinery of the state as a shield against prosecution, the Government of Kenya reverted to an approach to sovereignty that both R2P and the ICC were specifically designed to counteract. This book will be of interest to students of the Responsibility to Protect, humanitarian intervention, African politics, war and conflict studies and IR/Security Studies in general.
Author | : |
Publisher | : |
Total Pages | : 24 |
Release | : 2016 |
Genre | : |
ISBN | : |
Author | : Richard H. Steinberg |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 495 |
Release | : 2016-04-08 |
Genre | : Law |
ISBN | : 9004304452 |
Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.
Author | : Charles Jalloh |
Publisher | : Oxford University Press |
Total Pages | : 433 |
Release | : 2017 |
Genre | : History |
ISBN | : 0198810563 |
This book considers the legal and political dimensions of the relationship between the International Criminal Court and Africa, looking at the role of the European Union, African Union, and African diplomacy on the issue of sovereignty and impunity for international crimes.
Author | : Rorisang Lekalake |
Publisher | : |
Total Pages | : 18 |
Release | : 2015 |
Genre | : Africans |
ISBN | : |
Looks at the attitudes of Africans in general, and Kenyans in particular, about whether the International Criminal Court acts fairly toward African countries and is an effective tool in the fight against impunity for wrongdoers.
Author | : Linus Nnabuike Malu |
Publisher | : Springer |
Total Pages | : 265 |
Release | : 2019-05-31 |
Genre | : Social Science |
ISBN | : 3030199053 |
This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Cȏte d’Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Cȏte d’Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims’ rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.
Author | : Alexis Arieff |
Publisher | : DIANE Publishing |
Total Pages | : 33 |
Release | : 2010 |
Genre | : International criminal courts |
ISBN | : 1437932797 |
This report provides background on current International Criminal Court (ICC) cases and examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes.