Crimes against humanity in Kenya's post - 2007 conflicts : a jurisprudential interpretation / by Charles Alenga Khamala.
Material type:
- 9789462403628
- Introduction: Kenya's post-conflict jurisprudence
- Transitional justice and ethnic conflicts
- Balancing peace and justice
- Using criminal trials to political responses
- The rights of nations
- Three concepts of the international relations system
- Evolution of crimes against humanity
- "One right answer" to crazy cases in international criminal law
- Law of interpretation
- Rationalizing the ICC's conflicting jurisprudence in the Kenya case
- Neither quantitative nor qualitative explanations
- Compensate or co-operate
- Between internal and external shaming
- Conclusion
- Kenya's transitional justice and crimes against humanity under the Rome Statute
- Negotiating Kenya's 2008 National Accord
- The culture of resistance
- Social legitimacy through liberal idealism or ethnic communitarianism
- Criminal trials, a truth commission, constitutional reforms or amnesties
- Cultural domination by western legal traditions
- Dilemmas of ethnicity and citizenship
- Power-sharing as a post-conflict response
- Structural reforms supersede criminal trials
- Two explanations for Kenya's cyclical ethnic conflicts
- Normative theory of rational bargaining
- Conceptualizing the peace vs. justice debate
- A consequentialist theory of international criminal law
- The international criminal court's complementarity jurisdiction over Kenya's post-2007 conflicts
- Domestic criminal prosecutions from the post-conflict situation
- Complementarity over what?
- The international criminal court as a second-order, third party
- Heller's sentence-based complementarity heuristic
- A normative approach to international crimes
- Applying the complementarity doctrine to the Kenyan situation
- Kenya's challenge against the same-person, same-conduct test
- Judge Usacka's dissenting judgement on Kenya's admissibility challenge
- The historical limits of the complementarity doctrine
- The Rome Statute's complementarity: "interests of justice"
- Prosecutorial discretion and the problem of radical evil
- Indirect co-perpetration of crimes against humanity with specific reference to the Ruto case
- Inquiries into Kenya's ethnic conflict cycles
- Are informal groups "state-like" organizations
- The special and general parts of international criminality
- The international harm principle
- The evolution of individual forms of perpetration
- Applying co-perpetratorship based on joint control of the crime to offence committed through organisations which do not qualify as organized structures of power
- Criminalizing an informal network in the Ruto case
- The Ruto case: ICC pre-trial chamber majority judgment on confirmation of charges
- Judges Kauls' dissenting judgment in the Ruto case
- Sadat's interpretation of the ICC pre-trial chamber II's split confirmation
- Jalloh's interpretation of crimes against humanity
- Ohlin's organizational criminality
- The political character of the International Criminal Court's prosecutor and judicial activism concerning compliance with Rome Statute obligations
- Competing prosecution theories at the ICC pre-trial chamber
- Are tribal groups "state-like" organisations
- Did the ICC correctly confirm the charges in the Kenyatta case?
- The uncertainty of charges in international criminal law trials
- The re-characterization of charges: lessons from the Kenyatta judgment
- Lessons from the dissenting opinion in the Katanga notice to re-characterize
- Competing prosecution theories at the Kapenguria trial of Jomo Kenyatta
- The confirmation-of-charges majority judgement in the Kenyatta case
- Judge Kaul's dissenting opinion in the Kenyatta case
- The Kenyatta defence's article 64 challenge against the confirmation of chrages
- Prosecutor's notices to prepare for re-characterisation at trial
- Comparing domestic and international prosecutions
- The Kenya supreme court's judicial restraint in the 2013 presidential election petition
- "Alliance of he accused
- Kenya's 2013 presidential election as a referendum on the Hauge
- The 2013 Kenya elections as a post-2007 conflict response
- Packer's crime control and due process models
- Relevant techniques of constitutional interpretation
- Pre-2013 demands for reforms in Kenya's electoral petition law
- In election petitions: time is of the essence
- The 2013 presidential election and its result
- The Supreme Court's dismissal of the petitioner's trivial
- Odinga's attempt to enlarge time to investigate circumstantial evidence
- Limits of the common law "ancillary powers doctrine
- Censuring formal organisational activities
- The Muthaura defence's problem at the ICC and respite
- Rationalizing Kenya's (non) compliance with its Rome Statute duty to co-operate
- Judicial activism and judicial restraint
- Between compliance and enforcement
- Politics vs. law: the Kenyan 2013 election and the ICC
- Compliance theory
- Normative international law theories
- The duty to co-operate and the right to refuse
- Whither separation of powers
- Compelling attendance at ICC00 of non-voluntary witnesses
- Taking witnesses seriously: judge Carbuccia's dissenting opinion
- The limits of the agency analogy in public law
- Compelling production of financial and other records
- Consequences for disobedience of ICC orders and non-compliance with Rome Statute obligations
- In lieu of conclusion
- Reconciliation or retribution?
- Mass atrocities as a crazy case
- An explanatory and evaluative interpretation
- The impact of the Kenya's 2013 presidential election on the ICC cases
- Conclusion and recommendations
- 23 345.6762 .KHA
Item type | Current library | Home library | Call number | Status | Barcode | |
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Ombudsman Library Headquarters Main shelves | Ombudsman Library Headquarters | 345.6762 .KHA (Browse shelf(Opens below)) | Available | 0000000003839 |
Includes bibliographical references (p. 477 - 483) and index (p. 503 - 518).
"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."
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