The International Criminal Court and Peace Processes

This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Cöte 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 Cöte d'Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in thesecountries 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.

Auteur

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.

Contenu

Acknowledgements

List of Acronyms

Table of Cases

List of Statutes Referred to

List of Tables

List of Figures

CHAPTER 1

INTRODUCTION

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

Complementarity

Punishment

Theory

Analytical Framework

Key Terms

Structure of the Book

Methodology

Main Findings

Conclusion

References

ANALYSIS OF SOME BACKGROUND ISSUES

Introduction Theoretical 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 Law Conclusion

References

CHAPTER 3

VIOLENT CONFLICTS IN AFRICA: TYPES, TRENDS, CHALLENGES AND THE INTERNATIONAL CRIMINAL COURT

Introduction

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?

Conclusion

References

THE INTERNATIONAL CRIMINAL COURT AND THE PEACE PROCESS IN UGANDA

Introduction

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 Talks The Impact of the ICC's Involvement on the Peace Process in Uganda

Conclusion

References

CHAPTER 5

THE INTERNATIONAL CRIMINAL COURT AND THE PEACE PROCESS IN KENYA

Introduction

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

Conclusion

CHAPTER 6

THE INTERNATIONAL CRIMINAL COURT AND THE PEACE PROCESS IN COTE D' IVOIRE

Introduction

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

Conclusion

References

CHAPTER 7

COMPARATIVE ANALYSIS OF THE CONSEQUENCES OF THE INVOLVEMENT OF THE ICC IN COTE D' IVOIRE, KENYA, AND UGANDA

Introduction Will 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 Cte d' Ivoire, Kenya and Uganda?

The ICC and the Peace Processes in Cte d' Ivoire, Kenya and Uganda

Conclusion

References

CHAPTER 8

CONCLUSIONS AND RECOMMENDATIONS

Introduction

Summary of the Main Issues Discussed in this Book

Summary of Findings

Recommendations

Limitation

Future Research

References