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Unformatted text preview: iolence in Kenya: Any Role for the ICC in the Quest for Accountability? Mba Chidi Nmaju * Abstract This article examines the violence that broke out in Kenya after the 2007 presidential elections. After weeks of fighting and the establishment of a coalition government made up of the incumbent president and the leader of the opposition, relative calm returned to the country. However, the government has been slow to implement the recommendations of the Commission of Inquiry into Post Election Violence (Waki Commission). One key suggestion the Waki Commission made was to call upon the Kenyan government to establish an independent Special Tribunal made up of domestic and international jurists to prosecute those responsible for the crimes committed during the violence. At the time of writing, the ICC Pre-Trial Chamber II had been assigned the matter to determine whether the Office of the Prosecutor could initiate investigations. This article argues that the crimes committed in Kenya during the post election violence do not meet the ICC threshold on jurisdiction and gravity, and do not have the essential legal attributes of genocide and crimes against humanity. However, the manner in which the ICC handles this situation has the potential to influence the way future crimes are tried; thus the ICC must ensure that impunity does not prevail over accountability. ____________________________ Ph.D. candidate at Queen Mary, University of London. 2009 The Africa Law Institute; all rights reserved. Cite as: 3 Afr. J. of Leg. Stud. (2009) 78-95. AJLS is a free peer-reviewed and interdisciplinary journal published by The Africa Law Institute. To download or comment on current articles, sign-up for future issues or submit a manuscript, please visit <http://www.africalawinstitute.org/ajls>. Each issue of the journal is also available to subscribed researchers throughout the world via CIAO Net, HeinOnline, Lexis-Nexis, ProQuest, Quicklaw and Westlaw. AJLS welcomes books for review and inquiries from scholars and experts wishing to serve on our consultative board. E-mail Charles Chernor Jalloh, Founding Editor-in-Chief, at firstname.lastname@example.org . V 3 Afr. J. Leg. Stud. (2009) 78-95 - 79 - I. INTRODUCTION Kenya, a country widely regarded by many as Africas most stable nation, shocked observers in the unstable world of international politics when it was engulfed in post election violence. International crimes were deemed to have been committed during the violence which started after the 2007 elections. At the time of writing, the International Criminal Court (ICC) is set to commence investigation into the situation which has been assigned to the Pre-Trial Chambers....
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This note was uploaded on 01/25/2012 for the course POLS 595 taught by Professor Burk during the Fall '11 term at Boise State.
- Fall '11