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eBook details

• Title: Complementarity in Action: The Role of Civil Society and the ICC in Rule of Law Strengthening in Kenya (International Criminal Court)
• Author : Yale Human Rights and Development Law Journal
• Release Date : January 01, 2011
• Genre: Law,Books,Professional & Technical,Nonfiction,Social Science,
• Pages : * pages
• Size : 138 KB

Description

This Note examines the nexus between international and domestic criminal justice systems. It discusses whether the International Criminal Court (ICC) can advance positive complementarity through its so-called preliminary examinations. Using Kenya as a case study, we analyze the advocacy strategies of Kenyan NGOs during the preliminary examination that took place between February 2008 and March 2010. We found that Kenyan NGOs did not use the ICC preliminary examination to "trigger" criminal justice reform or domestic accountability for crimes perpetrated during the post-election violence. Instead, these NGOs successfully focused on advocating for the ICC preliminary examination to turn into a formal investigation. Kenya's experience with the ICC preliminary examination leads us to conclude that positive complementarity poses a paradox for NGOs: if they insist on capacity-building of the domestic justice system, they fail at demonstrating that the State is "unwilling or unable" to prosecute crimes domestically. This Note explores that paradox. INTRODUCTION

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