International Criminal Court (Icc) in Conflict Management: Deterrence Role in Kenya’s Post-election Violence

Abstract

This study assesses the deterrence role used by International Criminal Court in conflict management with the focus on Kenya. This therefore will assist in determining how deterrence approach was deployed after the post-election violence in Kenya to promote peace and prevent crime. Importantly, this study was motivated by the need for understanding how peaceful elections were managed in 2013 after a tense period in the previous elections. With the intervention of ICC, the previous studies have shown how ICC has helped the other post-conflict states through deterrence approach. Therefore, this study will investigate the role that deterrence approach had in retaining peace in Kenya after PEV. Guided by this goal, the researcher set out to investigate how secondary education has been affected by the pastoral conflicts in East Pokot sub-county that has been experiencing constant violent pastoral based attacks. The study was anchored on a theoretical framework that discusses how deterrence has been developed and being applied to help prevent crimes and promote peace. This study employed a case study approach where primary data was collected through interviews and filling of questionnaires while the secondary data sources were partly used to compliment the research. The data collected was structured along several thematic strands as guided by the objectives. The study found out that deterrence approach had significant contribution to attaining peace especially with the two co-accused persons vying for the top seat while having impending cases at The Hague. The study has critically assessed the transformation of ICC intervention to the progressive pursuance of peace in the country especially with the local justice system. The study established that besides ICC experiencing its challenges of investigating and prosecuting perpetrators of crimes against humanity, it has made significant impact in addressing impunity. The study recommends improved conduct of investigations and proper protection of witnesses, integration of deterrence approach in local justice system, and engaged by the local justice system to help strengthen the system in dealing with issues of violation of human rights.