Ekeno, Augostine Edan (2012) The International Criminal Court and African Conflicts: Transitional Justice in Kenya after the Post-Election Violence. MPhil thesis, University of Dublin (Trinity College).
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Abstract
The odious scourge witnessed by humanity in the First and Second World Wars and the subsequent historic democratic transitions across the world reinforced the necessity for globally-recognized mechanisms and processes to facilitate transition to accountability, peace and stability. The effects of the two World Wars exposed the uncertainty of world security and peace. Strengthening world peace and security meant establishing transitional justice mechanisms, judicial and non-judicial approaches, to enhance world peace and security. The objectives of such mechanisms include the use of international criminal law to prosecute and punish persons responsible for the most serious crimes of concern to the international community. This retributive approach can certainly strengthen international security and peace, and generate protection of the freedom and inalienable rights of persons, communities and nations. Consequently, it should serve to deter those who would attempt to violate human rights. However, this prosecutorial approach available in contemporary societies undermines the ultimate goal of justice – restoring uprightness and just human relationships. The consequences of such an approach in a post-conflict scenario, as is presented in the Kenyan situation after the intervention of the International Criminal Court, can be appalling. Retributive justice can turn offenders and victims into mere spectators and heavy bearers of the ‘clash’ between national and international justice. Quintessentially, retributive justice lacks the transformative and reconciliatory capacity needed by ethno-nationalized post-conflict societies like Kenya. This thesis concludes that prioritizing retributive justice can not only breed vulnerable political environments, but can also undermine the very discourse that seeks an inclusive political justice process leading to long-term solutions. Therefore, the use of transitional justice processes which are retributive in praxis and devoid of a concurrent comprehensive political restorative process is ineffective. But a comprehensive restorative justice process promotes peace and justice, institutional reforms, reconciliation, interstate mutual relations, and responds to the needs of victims.
| Item Type: | Thesis (MPhil) |
|---|---|
| Uncontrolled Keywords: | Transitional Justice, Post-Election Crisis in Kenya , Retributive and Restorative Justice , Restorative Justice Model , Justification for Transitional Justice , Reasonable Alternative to Revenge , Transitional Justice and the ICC , International Criminal Law and National Jurisdiction , International Criminal Law and the State, Post-Election Violence and Ethnic Politics in Kenya , Restorative Justice Model , |
| Subjects: | J Political Science > JF Political institutions (General) |
| Divisions: | Africana Jesuitica Comparative |
| Depositing User: | JHI Africa |
| Date Deposited: | 23 Apr 2014 10:44 |
| Last Modified: | 27 Oct 2014 10:10 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/84 |
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