International criminal justice mechanisms and the plight of post elections victims: a case of Kenya (2007 - 2014)

Abstract

Justice for victims targeted in Post-Election Violence is of utmost importance if impunity is to be tamed and eventually eliminated. The right to participation, protection and reparations for victims is of paramount importance in the process of seeking justice. The international criminal justice mechanisms must thus conform to these three requirements if their presence is to be justified. The study therefore analyses these three key areas of participation, protection and reparation in light of the Kenyan case after the post-election violence of 2007/08. The study‘s objective was to analyse if international criminal justice mechanisms including to a large extent the International Criminal Court, actually contribute to delivery of justice at the local or domestic plane or if they were superfluous and of no effect to the victim on the ground. By looking at international justice mechanisms and their impact on the victims from similar scenarios globally and contrasting them with the Kenyan case, the study gauged the effectiveness of the mechanisms vis a vis the plight of the victims. By the use of quantitative and qualitative methods, through interviews and analysis of numerous reports on the issue, the study was able to deduce that international justice mechanisms are not sufficiently effective in addressing the plight of the victims‘ whose human rights were violated.. Similarly in the international realm, the study deduced that political factors are also at play in affecting the victims‘ rights. According to the study‘s findings, the international justice mechanisms need to be enhanced in order to effectively address the plight of the victims.