This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Co?te d’Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how?
Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Co?te d’Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims’ rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.
List of Acronyms
Table of Cases
List of Statutes Referred to
List of Tables
List of Figures
Rationale for the Study
Establishment of the International Criminal Court
The Globalisation of Accountability: The Establishment of the ICC and the Missing Points
The Challenges for the ICC
The Prospects for the ICC
International Accountability: Setting the Context
Justifications for International Accountability
Structure of the Book
ANALYSIS OF SOME BACKGROUND ISSUES
IntroductionTheoretical Framework for the Study
Peace and Justice Dilemma
The International Criminal Court and Reconciliation
The International Criminal Court and Deterrence
The International Criminal Court and Victims’ Redress
The International Criminal Court and Accountability to the LawConclusion
VIOLENT CONFLICTS IN AFRICA: TYPES, TRENDS, CHALLENGES AND THE INTERNATIONAL CRIMINAL COURT
History of Violent Conflicts in Africa
Types of Violent Conflicts
Patterns and Trends of Violent Conflicts Common in Africa
International Criminal Court’s Interventions in Conflict Situations in Africa
The International Criminal Court and Africa: Is the Court Targeting Africa?
THE INTERNATIONAL CRIMINAL COURT AND THE PEACE PROCESS IN UGANDA
Synopsis of the Conflict in Northern Uganda
The International Criminal Court’s Involvement in the Conflict
The ICC and Traditional Justice Mechanisms in Northern Uganda
The Amnesty Programme in Uganda
The Juba Peace TalksThe Impact of the ICC’s Involvement on the Peace Process in Uganda
THE INTERNATIONAL CRIMINAL COURT AND THE PEACE PROCESS IN KENYA
A History of Election Violence
The 2007 General Election and the Post-election Violence
The International Criminal Court Involvement and Kenya’s Response
The 2013 General Elections in Kenya and the International Criminal Court
The ICC and the Peace Process in Kenya
THE INTERNATIONAL CRIMINAL COURT AND THE PEACE PROCESS IN COTE D’ IVOIRE
Côte d’ Ivoire since 1960
The Armed Conflict in Côte d’ Ivoire (2002- 2003)
The 2010 Election and 2010-2011 Post-election Violence.
The International Criminal Court’s Involvement in Côte d’ Ivoire
Impact of the ICC’s Intervention on the Peace Process in Côte d’ Ivoire
COMPARATIVE ANALYSIS OF THE CONSEQUENCES OF THE INVOLVEMENT OF THE ICC IN COTE D’ IVOIRE, KENYA, AND UGANDA
IntroductionWill the Involvement of the ICC in Côte d’ Ivoire, Kenya and Uganda Promote Accountability to the Law?
Will the Intervention of the ICC in Côte d’ Ivoire, Kenya and Uganda Promote Reconciliation?
Will the Involvement of the ICC in Côte d’ Ivoire, Kenya and Uganda Promote Respect for Victims’ Rights?
Can the ICC Contribute to Deterrence in C?te d’ Ivoire, Kenya and Uganda?
The ICC and the Peace Processes in C?te d’ Ivoire, Kenya and Uganda
CONCLUSIONS AND RECOMMENDATIONS
Summary of the Main Issues Discussed in this Book
Summary of Findings
Linus Nnabuike Malu is Head of the Legal Department and Access to Justice Manager (Malawi) for the Church of Scotland. He worked for several years as a legal practitioner and Project Coordinator of the Pan African Strategic and Policy Research Group (PANAFSTRAG). Linus has an MA in International Law and the Settlement of Disputes from the University for Peace, Costa Rica, and a PhD from the University of New England, Australia. He is the author of Media Law and Policy in Nigeria, Malthouse Law Books, 2016.
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