The Responsibility to Protect and the International Criminal Court

Protection and Prosecution in Kenya

By Serena Sharma

© 2016 – Routledge

176 pages

Purchasing Options:
Hardback: 9780415507509
pub: 2016-01-11
Available for pre-order
US Dollars$155.00

About the Book

This book provides an account of how the responsibility to protect (R2P) and the International Criminal Court (ICC) were applied in Kenya.

In the aftermath of the disputed presidential election on 27 December 2007, Kenya descended into its worst crisis since independence. The 2007-08 post-election crisis in Kenya was among the first situations in which there was an appeal to both the responsibility to protect and a responsibility to prosecute. Despite efforts to ensure compatibility between R2P and the ICC, the two were far from coherent in this case, as the measures designed to protect the population in Kenya undermined the efforts to prosecute perpetrators. This book will highlight how the African Union-sponsored mediation process effectively brought an end to eight weeks of bloodshed, while simultaneously entrenching those involved in orchestrating the violence. Having secured positions of power, politicians bearing responsibility for the violence set out to block prosecutions at both the domestic and international levels, eventually leading the cases against them to unravel. As this book will reveal, by utilising the machinery of the state as a shield against prosecution, the Government of Kenya reverted to an approach to sovereignty that both R2P and the ICC were specifically designed to counteract.

This book will be of interest to students of the Responsibility to Protect, humanitarian intervention, African politics, war and conflict studies and IR/Security Studies in general.

Table of Contents

Introduction: The Responsibility to Protect and Prosecute PART I: The Responsibility to Protect 1. Kenya Burning: The 2007-08 Post-Election Crisi 2. The Kenyan National Dialogue and Reconciliation: A Model Case for R2P? PART II: The Responsibility to Prosecute 3. The Government of National Impunity 4. Kenya and the Court of Last Resort: Justice in the Hands of the Accuse Conclusion: From Protection and Prosecution to Protection from Prosecution

About the Author

Serena K. Sharma is a Fellow in Global Politics at the London School of Economics (LSE), UK, and a Senior Fellow of the R2P Global Scholars network.

About the Series

Global Politics and the Responsibility to Protect

This book series aims to gather the best new thinking about the Responsibility to Protect into a core set of volumes that provides a definitive account of the principle, its implementation, and role in crises, reflecting a plurality of views and regional perspectives.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
HISTORY / Africa / General
HISTORY / Military / General
LAW / International
POLITICAL SCIENCE / Political Freedom & Security / Human Rights