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
Date Written: December 9, 2014
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
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