A comparative study of international and domestic criminal justice in Post-Conflict East Africa

Abstract

Any post-conflict criminal justice processes aims at contributing to democracy and the triumph of the rule of law over the feeling of revenge due to either a prolonged or intensive conflict. Perceptions by the local population are very crucial in such a process. The study analyses international and domestic criminal justice process in post-conflict East Africa, it examines the relationship between community participation in criminal processes and the effect of its outcome on peace and reconciliation. To achieve this objective, the study examines various modes of criminal justice processes in post-conflict East Africa. The study equally examines the factors affecting the success or failure of international and domestic criminal justice within the region by: (i) examining the outcome of the process, (ii) examining perceptions by the local population; (iii) Examine the operations of post-conflict criminal justice institutions in post conflict society. The study is guided by the presumption that community participation in post-conflict criminal justice enhances societal peace and reconciliation. The study will be undertaken using both qualitative and quantitative research methods with the sample population chosen across East Africa. It seeks to test the following hypotheses; (i) That an increase in community participation in post-conflict criminal justice processes decreases the level of societal instability in a post-conflict society; (ii) That decrease in the level of community participation in post-conflict criminal justice processes, increases chances of societal instability in a post-conflict society; and (iii) That there is no relationship between community participation in post-conflict criminal justice processes and the level of societal stability of the post-conflict state. Having laid out and compared various post-conflict criminal justice mechanisms in terms of their respective origins, objectives, their operations; and an evaluation of the outcome, the study will examine community reactions to each criminal justice process with a view of establishing how their participation affects the process of peace and reconciliation.