Book contents
- Frontmatter
- Contents
- Acknowledgments
- Foreword by HE Judge Sang-Hyun Song
- Foreword by Patricia O’Brien
- Foreword by Silvia A. Fernandez de Gurmendi
- List of abbreviations
- Introduction: bridge over troubled waters?
- PART I General reflections
- PART II Origin and genesis of complementarity
- PART III Analytical dimensions of complementarity
- PART IV Interpretation and application
- PART IV (Continued) Interpretation and application
- PART V Complementarity in perspective
- PART VI Complementarity in practice
- 31 Making complementarity work: maximizing the limited role of the Prosecutor
- 32 Positive complementarity in action
- 33 Complementarity and the construction of national ability
- 34 The Colombian peace process (Law 975 of 2005) and the ICC’s principle of complementarity
- 35 Darfur: complementarity as the drafters intended?
- 36 Complementarity in Uganda: domestic diversity or international imposition?
- 37 Courts, conflict and complementarity in Uganda
- 38 Chasing cases: the ICC and the politics of state referral in the Democratic Republic of the Congo and Uganda
- 39 A problem, not a solution: complementarity in the Central African Republic and Democratic Republic of the Congo
- 40 Complementarity and the impact of the Rome Statute and the International Criminal Court in Kenya
- Index
- References
40 - Complementarity and the impact of the Rome Statute and the International Criminal Court in Kenya
from PART VI - Complementarity in practice
Published online by Cambridge University Press: 05 November 2014
- Frontmatter
- Contents
- Acknowledgments
- Foreword by HE Judge Sang-Hyun Song
- Foreword by Patricia O’Brien
- Foreword by Silvia A. Fernandez de Gurmendi
- List of abbreviations
- Introduction: bridge over troubled waters?
- PART I General reflections
- PART II Origin and genesis of complementarity
- PART III Analytical dimensions of complementarity
- PART IV Interpretation and application
- PART IV (Continued) Interpretation and application
- PART V Complementarity in perspective
- PART VI Complementarity in practice
- 31 Making complementarity work: maximizing the limited role of the Prosecutor
- 32 Positive complementarity in action
- 33 Complementarity and the construction of national ability
- 34 The Colombian peace process (Law 975 of 2005) and the ICC’s principle of complementarity
- 35 Darfur: complementarity as the drafters intended?
- 36 Complementarity in Uganda: domestic diversity or international imposition?
- 37 Courts, conflict and complementarity in Uganda
- 38 Chasing cases: the ICC and the politics of state referral in the Democratic Republic of the Congo and Uganda
- 39 A problem, not a solution: complementarity in the Central African Republic and Democratic Republic of the Congo
- 40 Complementarity and the impact of the Rome Statute and the International Criminal Court in Kenya
- Index
- References
Summary
Kenya plunged into a dark episode of violence following the controversial presidential election of 2007. This chapter analyses the impact of the International Criminal Court's (‘ICC’) investigation into issues of complementarity and aspects of peace, justice, victims and affected communities in the country. It studies the government's failure to set up a Special Tribunal for Kenya or to initiate any effective national proceedings for international post-election crimes at the domestic level.
While the Truth, Justice and Reconciliation Commission (‘TJRC’) established to investigate past human rights violations could provide a platform to unearth the truth and identify potential cases for prosecutions, it is unlikely to have the capacity to ensure comprehensive, genuine investigations of alleged perpetrators of post-election violence. Victims and communities affected by the violence have continuously expressed their strong support for the ICC investigations. They say they hope that the ICC's potential to prosecute could avert violence during the next elections in 2012. However, threats to potential witnesses remain a critical concern and necessitate the prompt establishment of an effective protection mechanism for witnesses and victims. Moreover, and in tandem with the principle of complementarity, timely action by the ICC as well as commitment by the Kenyan government not only to cooperate with the court but also to establish mechanisms to address all perpetrators locally is imperative to curb entrenched impunity and redress the harm victims have suffered.
- Type
- Chapter
- Information
- The International Criminal Court and ComplementarityFrom Theory to Practice, pp. 1222 - 1234Publisher: Cambridge University PressPrint publication year: 2011
References
- 4
- Cited by