Complementarity, The Kenyan Way
9 Pages Posted: 18 Mar 2011 Last revised: 7 Mar 2017
Date Written: March 1, 2011
A critical review of the arguments made by the Kenyan Government in its effort to defer or halt the prosecution of Kenyan officials by the ICC. The paper argues that efforts to secure an Article 16 deferral are not grounded on any strong legal arguments or political reality. An admissibility challenge, which is the other approach of the Kenyan government, also faces serious legal and factual challenges. The paper briefly discusses the issue of the Kenyan government's willingness to investigate and prosecute Kenyan citizens for crimes against humanity, using recent political disputes over nominations to key judicial offices, and the general lack of support of alternative processes like a special tribunal and the Truth Justice & Reconciliation Commission.
Keywords: Kenya, ICC, admissibility, Article 16 deferral, TJRC, local tribunal, complementarity
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