The post-election violence in Kenya : domestic and international legal responses

著者

    • Materu, Sosteness Francis

書誌事項

The post-election violence in Kenya : domestic and international legal responses

Sosteness Francis Materu

(International criminal justice series, v. 2)

Asser Press , Springer, c2015

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law - war crimes, genocide, crimes against humanity and aggression - should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spirit of this road map, the author analyzes the post-election violence in Kenya from a legal point of view. He extensively examines legal options for domestic criminal accountability and discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms, being the main legal responses to the gross violations of human rights. Furthermore, he thoroughly investigates the Kenya situation before the ICC and the legal-cum-political responses to the ICC intervention in Kenya. Practitioners and academics in the field of international criminal law and related disciplines, as well as political sciences and (legal) history will find in this book highly relevant information about alternative legal approaches of the fight against and punishment of crimes against humanity, as defined under the ICC Statute.

目次

Introduction.- Background to the Post-Election Violence.- The Post-Election Violence and Immediate Aftermath.- Criminal Accountability at Domestic Level.- Alternatives and Adjuncts to Domestic Prosecutions.- The Kenya Situation before the ICC.- Conclusion.

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詳細情報

  • NII書誌ID(NCID)
    BB18824844
  • ISBN
    • 9789462650404
  • 出版国コード
    ne
  • タイトル言語コード
    eng
  • 本文言語コード
    eng
  • 出版地
    The Hague,Berlin
  • ページ数/冊数
    xviii, 275 p.
  • 大きさ
    25 cm
  • 親書誌ID
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