Kenya in the Shadow of the ICC: Complementarity, Gravity and Impact
In: International Criminal Law ReviewSearch for other papers by Chandra Lekha Sriram in
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Following contested elections in late 2007, Kenya experienced brief but significant violence. International pressure and diplomacy led to a coalition government, and a commission of inquiry recommended the creation of an internationalized criminal tribunal or International Criminal Court (ICC) involvement, should a tribunal not be created. The government of Kenya both promised to create a hybrid tribunal and to cooperate with the ICC, yet has arguably done neither, engaging in delaying tactics for about a year before the prosecutor requested approval to open an investigation. The specific situation presented by Kenya requires careful analysis of two key principles of admissibility in the Rome Statute, gravity and complementarity. This article, based on fieldwork and interviews in Kenya and in The Hague and on judicial decisions and prosecutorial policy documents, examines the treatment of these to date, emphasizing the use and abuse of the concept of positive complementarity.
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11)
Waki Commission, supra note 8, at 18.
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20)
Abraham, supra note 18 at 8-14.
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32)
International Criminal Court, supra note 30, at para. 65.
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50)
DeGuzman, supra note 48 at 1402-05.
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51)
International Criminal Court, supra note 4 at 8-9.
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65)
See, e.g., Clark and Waddell, supra note 5.
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74)
Waki Commission, supra note 8 at 311, 346, 417-18.
| All Time | Past 365 days | Past 30 Days | |
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| Abstract Views | 1882 | 320 | 11 |
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Kenya in the Shadow of the ICC: Complementarity, Gravity and Impact
In: International Criminal Law ReviewSearch for other papers by Chandra Lekha Sriram in
Current site
Google Scholar
PubMed
Search for other papers by Stephen Brown in
Current site
Google Scholar
PubMed
Following contested elections in late 2007, Kenya experienced brief but significant violence. International pressure and diplomacy led to a coalition government, and a commission of inquiry recommended the creation of an internationalized criminal tribunal or International Criminal Court (ICC) involvement, should a tribunal not be created. The government of Kenya both promised to create a hybrid tribunal and to cooperate with the ICC, yet has arguably done neither, engaging in delaying tactics for about a year before the prosecutor requested approval to open an investigation. The specific situation presented by Kenya requires careful analysis of two key principles of admissibility in the Rome Statute, gravity and complementarity. This article, based on fieldwork and interviews in Kenya and in The Hague and on judicial decisions and prosecutorial policy documents, examines the treatment of these to date, emphasizing the use and abuse of the concept of positive complementarity.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1882 | 320 | 11 |
| Full Text Views | 499 | 48 | 2 |
| PDF Views & Downloads | 549 | 115 | 6 |