e-journal

The Priority of Conflict Deterrence and the Role of the International Criminal Court in Kenya’s Post-Electoral Violence 2007–2008 and 2013

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Abstract
The entry into force of the Rome Statute on 1 July 2002 establishing the International Criminal Court (ICC) has signified a shift in the goals pursued by international criminal law. Due to new types of warfare dynamics, international protection is in need of new orientations, particularly with regard to conflict deterrence aims. This urgency is widely documented by the normative action framework of the
Responsibility to Protect (RtoP) and, more recently, by the UN Secretary-General 2012–2013 Reports for the RtoP’s implementation. The scope of this study is twofold. On the one hand, it aims to explore theoretical overlapping between the jus post bellum and the RtoP with regard to deterrence effects of the ICC; on the other hand, it proposes to illustrate such dynamics by reference to Kenya’s post-electoral violence during the period 2007–2013. Kenya represents an instance of a post-conflict society whereby transitional justice actions have taken place under a de facto adoption of a RtoP
framework. As a result, I defend a qualified correlation between ICC’s retribution and deterrence effects. I claim that the hypothesis of the ICC’s deterring effects accounts in Kenya is constructed upon a general condition of direct compliance by self-interested rational actors (such as high-ranking political candidates and their secretariat) as well as on unintended effects of ethnic stabilization. I further consider that this possibility is reinforced by systemic interdependencies with other national and international initiatives such as the Kenyan National Dialogue and Reconciliation (KNDR) mediation initiative, the Grand Coalition Government, the Panel of African Eminent Personalities led by Kofi Annan, and the findings of the Commission of Enquiry of Post-Election Violence (CIPEV).

Keywords International Criminal Court . Deterrence . Kenya Post-electoralViolence 2007 and 2013

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Informasi Detail

Judul Seri

Human Rights Review (2015) 16:257–272

No. Panggil

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Penerbit

: Springer Science+Business Media Dordrecht., 2015

Deskripsi Fisik

Human Rights Review (2015) 16:257–272

Bahasa

English

ISBN/ISSN

1874-6306

Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HAK ASASI MANUSIA
MAHKAMAH PIDANA INTERNASIONAL

Info Detail Spesifik

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Pernyataan Tanggungjawab

ETY

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