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International Criminal Justice Series

The Post-Election Violence in Kenya

Domestic and International Legal Responses

Authors: Materu, Sosteness Francis

  • Analyzes the post-election violence in Kenya from a legal point of view and extensively examines legal options for domestic criminal accountability
  • Discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms
  • Deals extensively with legal-cum-political responses to the ICC intervention in Kenya
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eBook $119.00
price for USA in USD (gross)
  • ISBN 978-94-6265-041-1
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.99
price for USA in USD
  • ISBN 978-94-6265-040-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

About the authors

Sosteness Francis Materu is a lecturer in the Faculty of Law of the University of Dar es Salaam (Tanzania). He obtained his Bachelors Laws Degree (LL.B) from the same University in 2008, a Master of Laws Degree (LL.M) from the University of the Western Cape (South Africa) in 2010, and a Doctorate in Law from Humboldt-Universität zu Berlin (Germany) in 2014. He is also a proud alumnus of the South African-German Centre for Transnational Criminal Justice.

Table of contents (7 chapters)

  • Introduction

    Materu, Sosteness Francis

    Pages 1-12

  • Background to the Post-Election Violence

    Materu, Sosteness Francis

    Pages 15-44

  • The Post-Election Violence and Immediate Aftermath

    Materu, Sosteness Francis

    Pages 47-84

  • Criminal Accountability at Domestic Level

    Materu, Sosteness Francis

    Pages 85-140

  • Alternatives and Adjuncts to Domestic Prosecutions

    Materu, Sosteness Francis

    Pages 141-174

Buy this book

eBook $119.00
price for USA in USD (gross)
  • ISBN 978-94-6265-041-1
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.99
price for USA in USD
  • ISBN 978-94-6265-040-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The Post-Election Violence in Kenya
Book Subtitle
Domestic and International Legal Responses
Authors
Series Title
International Criminal Justice Series
Series Volume
2
Copyright
2015
Publisher
T.M.C. Asser Press
Copyright Holder
T.M.C. Asser Press and the author
eBook ISBN
978-94-6265-041-1
DOI
10.1007/978-94-6265-041-1
Hardcover ISBN
978-94-6265-040-4
Series ISSN
2352-6718
Edition Number
1
Number of Pages
XVIII, 275
Topics