Individual criminal responsibility: A case study of Kenya

Abstract

This is a case study on the impact of Individual Criminal Responsibility in Kenya. The individual is considered both as a right holder and an obligor under international law and various legal and institutional mechanisms have been developed to protect and punish in equal measure. The International Criminal Court (ICC) is one such institution established for the observance of international law norms. Unlike the tribunal before it, the international court is a court with permanent and universal jurisdiction and has the mandate to investigate and prosecute grave breaches in international law including genocide and crimes against humanity. The ICC has indicted four Kenyans on charges of crimes against humanity. Based on this development, this study intends to establish the impact of the individual criminal responsibility frameworks in the country's social and political sectors. Some of the areas of concern include whether the ICC process has had any impact in the fight against impunity in the Kenya and whether it's continued operation is a panacea to peace, justice and reconciliation in the country after the 2007108 post election violence.