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The Post-Election Violence in Kenya - Domestic and International Legal Responses (Hardcover, 2015 ed.)
Loot Price: R3,374
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The Post-Election Violence in Kenya - Domestic and International Legal Responses (Hardcover, 2015 ed.)
Series: International Criminal Justice Series, 2
Expected to ship within 12 - 17 working days
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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.
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