TY  - BOOK
AU  - Khamala, Charles Alenga.
TI  - Crimes against humanity in Kenya's post - 2007 conflicts: a jurisprudential interpretation 
SN  - 9789462403628
U1  - 345.6762 23
PY  - 2018///
CY  - Oisterwijk, Netherlands
PB  - Wolf Legal Publishers (WLP)
KW  - Introduction: Kenya's post-conflict jurisprudence
KW  - Transitional justice and ethnic conflicts
KW  - Balancing peace and justice
KW  - Using criminal trials to political responses
KW  - The rights of nations
KW  - Three concepts of the international relations system
KW  - Evolution of crimes against humanity
KW  - "One right answer" to crazy cases in international criminal law
KW  - Law of interpretation
KW  - Rationalizing the ICC's conflicting jurisprudence in the Kenya case
KW  - Neither quantitative nor qualitative explanations,
KW  - Compensate or co-operate
KW  - Between internal and external shaming
KW  - Conclusion
KW  - Kenya's transitional justice and crimes against humanity under the Rome Statute
KW  - Negotiating Kenya's 2008 National Accord
KW  - The culture of resistance
KW  - Social legitimacy through liberal idealism or ethnic communitarianism
KW  - Criminal trials, a truth commission, constitutional reforms or amnesties
KW  - Cultural domination by western legal traditions
KW  - Dilemmas of ethnicity and citizenship
KW  - Power-sharing as a post-conflict response
KW  - Structural reforms supersede criminal trials
KW  - Two explanations for Kenya's cyclical ethnic conflicts
KW  - Normative theory of rational bargaining
KW  - Conceptualizing the peace vs. justice debate
KW  - A consequentialist theory of international criminal law
KW  - The international criminal court's complementarity jurisdiction over Kenya's post-2007 conflicts
KW  - Domestic criminal prosecutions from the post-conflict situation
KW  - Complementarity over what?
KW  - The international criminal court as a second-order, third party
KW  - Heller's sentence-based complementarity heuristic
KW  - A normative approach to international crimes
KW  - Applying the complementarity doctrine to the Kenyan situation
KW  - Kenya's challenge against the same-person, same-conduct test
KW  - Judge Usacka's dissenting judgement on Kenya's admissibility challenge
KW  - The historical limits of the complementarity doctrine
KW  - The Rome Statute's complementarity: "interests of justice"
KW  - Prosecutorial discretion and the problem of radical evil
KW  - Indirect co-perpetration of crimes against humanity with specific reference to the Ruto case
KW  - Inquiries into Kenya's ethnic conflict cycles
KW  - Are informal groups "state-like" organizations
KW  - The special and general parts of international criminality
KW  - The international harm principle
KW  - The evolution of individual forms of perpetration
KW  - Applying co-perpetratorship based on joint control of the crime to offence committed through organisations which do not qualify as organized structures of power
KW  - Criminalizing an informal network in the Ruto case
KW  - The Ruto case: ICC pre-trial chamber majority judgment on confirmation of charges
KW  - Judges Kauls' dissenting judgment in the Ruto case
KW  - Sadat's interpretation of the ICC pre-trial chamber II's split confirmation
KW  - Jalloh's interpretation of crimes against humanity
KW  - Ohlin's organizational criminality
KW  - The political character of the International Criminal Court's prosecutor and judicial activism concerning compliance with Rome Statute obligations
KW  - Competing prosecution theories at the ICC pre-trial chamber
KW  - Are tribal groups "state-like" organisations
KW  - Did the ICC correctly confirm the charges in the Kenyatta case?
KW  - The uncertainty of charges in international criminal law trials,
KW  - The re-characterization of charges: lessons from the Kenyatta judgment
KW  - Lessons from the dissenting opinion in the Katanga notice to re-characterize
KW  - Competing prosecution theories at the Kapenguria trial of Jomo Kenyatta
KW  - The confirmation-of-charges majority judgement in the Kenyatta case
KW  - Judge Kaul's dissenting opinion in the Kenyatta case
KW  - The Kenyatta defence's article 64 challenge against the confirmation of chrages
KW  - Prosecutor's notices to prepare for re-characterisation at trial
KW  - Comparing domestic and international prosecutions
KW  - The Kenya supreme court's judicial restraint in the 2013 presidential election petition
KW  - "Alliance of he accused
KW  - Kenya's 2013 presidential election as a referendum on the Hauge
KW  - The 2013 Kenya elections as a post-2007 conflict response,
KW  - Packer's crime control and due process models
KW  - Relevant techniques of constitutional interpretation
KW  - Pre-2013 demands for reforms in Kenya's electoral petition law
KW  - In election petitions: time is of the essence
KW  - The 2013 presidential election and its result
KW  - The Supreme Court's dismissal of the petitioner's trivial
KW  - Odinga's attempt to enlarge time to investigate circumstantial evidence
KW  - Limits of the common law "ancillary powers doctrine
KW  - Censuring formal organisational activities
KW  - The Muthaura defence's problem at the ICC and respite
KW  - Rationalizing Kenya's (non) compliance with its Rome Statute duty to co-operate
KW  - Judicial activism and judicial restraint
KW  - Between compliance and enforcement
KW  - Politics vs. law: the Kenyan 2013 election and the ICC
KW  - Compliance theory
KW  - Normative international law theories
KW  - The duty to co-operate and the right to refuse
KW  - Whither separation of powers
KW  - Compelling attendance at ICC00 of non-voluntary witnesses
KW  - Taking witnesses seriously: judge Carbuccia's dissenting opinion
KW  - The limits of the agency analogy in public law
KW  - Compelling production of financial and other records
KW  - Consequences for disobedience of ICC orders and non-compliance with Rome Statute obligations
KW  - In lieu of conclusion
KW  - Reconciliation or retribution?
KW  - Mass atrocities as a crazy case
KW  - An explanatory and evaluative interpretation
KW  - The impact of the Kenya's 2013 presidential election on the ICC cases
KW  - Conclusion and recommendations
N1  - Includes bibliographical references (p. 477 - 483) and index (p. 503 - 518)
N2  - "In 2012, the International Criminal Court confirmed trials against four suspects for bearing the greatest responsibility for crimes against humanity perpetrated during Kenya's post-2007 election violence. In 2016, however, the Office of the Prosecutor withdrew all charges, decrying intolerable interference and political meddling in Deputy President William Ruto and journalist Joshua Sang's cases. In President Uhuru Kenyatta's case, the Court ultimately referred the government to the Assembly of State Parties for failing to cooperate with her investigations. The decision to prosecute has sparked outcry from some African countries, not only because the evidence is thin, or even since the suspects are senior leaders enjoying political power, but alleging selective justice. Suspects from strong Western countries tend to be overlooked. This book evaluates the ICC's controversial decisions conferring its jurisdiction over the situation in Kenya, confirming the charges and even compelling unwilling witnesses to appear and testify. It is true that in 1999 Kenya ratified the Rome Statute through which the international community seeks to promote retributive justice to hold leaders accountable and punish mass atrocities. However in the context of transitional justice, domestic authorities preferred to respond to the alleged mass atrocities through structural reforms. Indeed, two ICC indictees, Kenyatta and Ruto won the 2013 presidential elections, indicating that the local public lacks confidence in the Hauge process. From a practitioner's perspective, this book demonstrates the sociopolitical, cultural and contextual background which caused the ICC's legitimacy crisis. It is a must read for international criminal lawyers, policy makers, scholars, and other stakeholders."
ER  -