Relevance of International Justice System, Challenges and Opportunities: a Case of Africa and Lessons Learnt From Icc in Kenya

Abstract

Despite the undisputed relevance of international Justice in controlling global impunity, the international Justice system faces a number of challenges. It is challenging to work effectively in an international environment where many nations are unable or unwilling to prosecute most of serious human rights crimes. This research critically examine the effect of history and the working of the IJS with an aim to an earthen both perceived and structural challenges. A focus is given to IJS in selected jurisdictions with a case study of Africa and the ICC experience in in Kenya. Appropriate recommendations are given. A mixed research method combining desktop research and descriptive survey were used in this research. Primary data was obtained from questionnaire responses with a purposive sample of 22 respondents drawn from a population of international legal practitioners such as lawyers, judges, international court registrars, legal experts and diplomats. Qualitative analysis data was done through inferential statistics using SPSS version 22 and descriptive statistics was used to analyze quantitative data. Data was presented using text, tabulation and pie charts. Results of the research show that there are major challenges on International Justice System which include the jurisdiction challenges, lack of focus on victims, lack of touch with local realities and non-cooperation by member States. Lesson learnt from the cases of Kenya at ICC was that the court does little to victims of crimes and is vulnerable to activities that happen within and outside the country, especially where prominent people are involved in crime. It was also learnt that ICC approach to reparations in Kenya was unreliable and that without the co-operation and support of the agencies in the states, the ICC cannot tackle impunity. Another lesson was that the ICC cannot stand racist posturing and could not defend itself against accusation of targeting Africa and it was learnt that there were many challenges surrounding ICC witnesses‟ management hence interference with the witness and bribery. The recommendations of this research are rooted in the relooking on the existing structures of IJS to enable them match the global dynamics. Among the recommendations are that the International Organizations, the UN and the AU and International Courts should live to their international Law that promote world equality, international justice and observance of human rights. The Governments of Africa are also called upon to cooperate with IJS in order to ensure deterrence for future crimes against humanity particularly arising out of rampant post-election violence.