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 dismissal of cases is examined to consider possible deterrent effects. The perceptions of key individuals, including victims, experts, and members of the Kenyan judiciary and the political establishment, are documented through in-person interviews, review of media sources, and research conducted by other commentators. From an analysis of the data collected, it is possible to identify the ICC’s contribution to some deterrence markers, but any deterrent effect is complicated and limited by local politics at the time and underlying systemic challenges. Despite the complex mix of factors at work in Kenya, lessons can be learned from the situation that inform recommendations made in the final section for the ICC, States, and civil society on how to maximize the ICC’s contribution to deterrence in the future.
URL: https://www.nurembergacademy.org/fileadmin/media/pdf/publications/DETERRENCEPUBLICATION.pdf