International criminal court and its impact on Africa’s security: a case study of Kenya 2002-2013

Abstract

This study examined the impact of the ICC on Africa’s security, with a particular focus on the Kenya case 2002-2013. It was noted that despite its existence, the ICC has failed to provide social justice and security on the continent. The study adopted qualitative desktop in order to investigate the phenomenon. Data were generated through content analysis of secondary publications. The study found out that the ICC’s independence is in question due to political dynamics in the international system. There are those who accuse the ICC of being overly focused on trying only African leaders, and warn that the Court risks worsening factionalism and ethnic divisions thereby threatening peace and reconciliation efforts. Only through positive engagement can the legitimate concerns of African states and African communities be heard. Furthermore, it is only through dialogue and negotiation can a better and more effective ICC be appreciated. Unless and until African states toughen their judicial systems to ensure such references to the ICC are a last resort, the Court will continue to be the only credible forum for states emerging from conflict and seeking justice and reconciliation. The study therefore recommends that the ICC should take more steps to address the concerns raised by African leaders, especially about peace versus justice, and issues of immunity of state officials. The question of how to time justice is very crucial so that societies do not suffer more conflicts and atrocities.