Dr. Evelyne Owiye Asaala — Asaalas Classroom
By Evelyne Asaala & Dire Tladi Abstract This article seeks to provide an assessment of the relational mandate of the UN and the AU in maintaining international peace and security. The analysis undertaken in this article is based on an assessment of the respective instruments of both organizations, doctrine and p…
By Evelyne Asaala Abstract This paper is divided into four parts. After an introduction, the second section defines the mandate of implementing the Courts’ decisions as outlined in the respective legal instruments. It also lays down the implementation procedure as provided in the various legal frameworks. The …
By Evelyne Asaala Abstract The eventful defeat of the Kenya African National Union political party in the 2002 general elections ushered in a new era for Kenya. With the change of regime an opportunity for transitional justice presented itself. A task force established by the Minister for Justice and Constitutional …
By Evelyne Asaala Abstract At its inception in 1998, the International Criminal Court was perceived as a permanent solution to the problem of lack of accountability for past crimes. Despite their initial excitement about the Court, the African Union and its state parties have made an about-turn and they now seek an …
By Evelyne Asaala Abstract The war against impunity for international crimes in Africa has brought to the fore several regional initiatives. Other than prosecution efforts at national and regional courts, post-conflict African state practice suggests the incorporation of traditional justice concepts a…
By Evelyne Asaala Abstract Corporate criminal liability has a long history in national legal systems. Although mooted in numerous forums in the course of the development of international criminal law, international criminal tribunals have been hesitant to incorporate corporate criminal liability. Attempts to hold le…
By Evelyne Asaala Abstract The suggested incorporation of international and transnational crimes within the jurisdiction of the proposed African Court of Justice and Human and Peoples’ Rights (the African Court) has divided opinion among scholars. Some perceive it as addressing a long-standing jurisdictional gap reg…
By Evelyne Asaala Abstract This study critically analyses the challenges facing effective prosecutions of international crimes in Kenyan courts. In light of the numerous countries undertaking transitional justice processes – both in Africa and throughout the world ‒ a study of this nature becomes a fundamental…
By Evelyne Asaala & Nicole Dicker Abstract This article considers the effectiveness of the Truth, Justice and Reconciliation Commission of Kenya (TJRC). The recent submission of the final report of the TJRC to Kenyan President Uhuru Kenyatta on 21 May 2013 sets up the TJRC as topical and ripe for analysis. The T…
By Evelyne Asaala Abstract This is a review of three books: Business, Human Rights and Transitional Justice, Irene Pietropaoli. Routledge, May 2020, 286pp. ISBN: 9780367376024 Corporations, Accountability and International Criminal Law: Industry and Atrocity, Joanna Kyriakakis. Edward Elgar, December 202…
By Evelyne Asaala Abstract This chapter explores the effect of the ICC’s intervention in Kenya, specifically its instigation of proceedings against high-level individuals allegedly involved in the 2007 post-election violence. Each stage of the process from preliminary examination through the trial phase and di…
By Evelyne Asaala Abstract Ever since they were affirmed by the United Nations, the Nuremberg Principles have played an instrumental role in shaping the development of international criminal justice. These principles include: the principle of individual criminal responsibility; the principle on the irrelevance of th…
By Evelyne Asaala Abstract The current standoff between the African Union (AU) and African states on one side and the International Criminal Court (ICC) on the other side has compromised the fight against impunity for international crimes in Africa. This chapter identifies the need to expand the scope and institutio…
By Evelyne Asaala Abstract The 2007-2008 Post Election Violence of Kenya (PEV) occasioned numerous forms of injuries on a broad spectrum of victims who have been categorized into five major groups: The Sexual and Gender Based Violence (SGBV) victims, victims of extra judicial killings, Internally Displaced Per…
By Evelyne Asaala & Nicole Dicker Abstract Transitional justice in Kenya responds predominantly to the two-month period of violence that devastated Kenya in the aftermath of disputed presidential elections in December 2007. Post-election violence left over 1 300 dead and hundreds of thousands displaced; many suf…
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