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The International Criminal Court and Africa$
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Charles Chernor Jalloh and Ilias Bantekas

Print publication date: 2017

Print ISBN-13: 9780198810568

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198810568.001.0001

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Operationalizing the Complementarity Principle

Operationalizing the Complementarity Principle

The Case for a Differentiated Standard in Kenya’s Post-Electoral Violence

Chapter:
(p.64) 3 Operationalizing the Complementarity Principle
Source:
The International Criminal Court and Africa
Author(s):

Benson Chinedu Olugbuo

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198810568.003.0004

The chapter discusses the political and legal developments in Kenya, where President Uhuru Muigai Kenyatta and Deputy President William Samoei Ruto were until recently facing ICC indictments for their alleged involvement with orchestrating crimes against humanity. It evaluates whether the decisions of Pre-Trial Chamber II and the Appeals Chamber of the International Criminal Court authorizing the opening of an investigation and dismissing the admissibility challenge by Kenya are a turning point for the ICC in its relationship with national judicial systems in the wider fight against impunity. The chapter seeks to establish whether the decisions of the ICC Chambers limit Kenya’s primary responsibility to hold its citizens accountable. The chapter discusses the prosecutorial policy of ‘inaction’ adopted by the ICC judges and the effect of Pre-Trial Chamber II’s decision to authorize investigation in the Kenya situation based on a liberal interpretation of article 7(2)(a) of the Statute.

Keywords:   Kenya, International Criminal Court (ICC), Uhuru Muigai Kenyatta, William Samoei Ruto, Rome Statute

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