Seeking Justice for the Victims of Forced Displacement in Kenya: The Role of the International Criminal Court

Forced Migration, Reconciliation, and Justice, ed. Megan Bradley, McGill-Queen's University Press, 2015

Posted: 10 Dec 2014

See all articles by Paige Morrow

Paige Morrow

ARTICLE 19; University of Kent - Brussels Campus

Jennifer Winstanley

Independent

Date Written: December 9, 2014

Abstract

Following the 2007 Kenyan presidential election, violence broke out as protesters reacted angrily to poll results that were declared flawed by observers. The authors suggest that the Kenyan cases before the International Criminal Court are illustrative of the exact circumstances in which the ICC was designed to act – when the government is unwilling or unable to effectively prosecute at the domestic level. International criminal law is limited in its ability to promote domestic peace-building and the rule of law. In addition, Kenya’s ICC trials serve to undercut the pressure for domestic prosecutions, and shift the debate from whether the perpetrators are being adequately prosecuted to whether the trials should be held internationally.

The essay examines the important role the trials will play in developing the international criminal law on forced displacement, outlining the elements of the crime and the challenges associated with effective prosecution.

Keywords: forced migration, internal displacement, international criminal law, Kenya, post-election violence

Suggested Citation

Morrow, Paige and Winstanley, Jennifer, Seeking Justice for the Victims of Forced Displacement in Kenya: The Role of the International Criminal Court (December 9, 2014). Forced Migration, Reconciliation, and Justice, ed. Megan Bradley, McGill-Queen's University Press, 2015. Available at SSRN: https://ssrn.com/abstract=2535870

Paige Morrow (Contact Author)

ARTICLE 19 ( email )

60 Farringdon Road
London, EC1R 1UQ
United Kingdom

HOME PAGE: http://https://article19.org

University of Kent - Brussels Campus ( email )

Espace Rolin, Boulevard Louis Schmidt 2A
Brussels 1040
Belgium

HOME PAGE: http://https://www.kent.ac.uk/brussels/staff/profiles/external/morrow.html

Jennifer Winstanley

Independent ( email )

No Address Available

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