Introduction Much of the debate around the International Criminal Court’s (ICC) relationship with Africa has tended to focus on the case of Sudan’s Darfur region and the Court’s decision to issue an arrest warrant for the country’s President, Omar al-Bashir.

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In the short life of the International Criminal Court (ICC), the Review Conference of the Rome Statute scheduled to take place in Kampala from 31 May to 11 June 2010 represents an historic moment. Africa will not only host the

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On 3 July 2009, at the 13th African Union (AU) summit of Heads of State in Sirte, Libya, African leaders resolved to “denounce the International Criminal Court (ICC) and refuse to take action on the Court’s order that should Sudan’s President

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In early February, the ICC Pre-Trial Chamber I declined to confirm the charges against Bahr Abu Garda, commander of a group that broke away from the Justice and Equality Movement, in connection with the attack that killed 12 African Union

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The decision of the ICC’s Pre-Trial Chamber to dismiss all charges against Bahr Abu Garda, formerly of the Justice and Equality Movement, in connection with the attack that killed 12 African Union peacekeepers in Haskanita in 2007 is not just

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Clearly the ICC arrest warrant bears heavily on the situation in the Sudan and the forthcoming elections. It is not only President Bashir who is concerned, many others are. My question, is what can be done about the ICC arrest

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The debates over transitional justice in Kenya have been largely silent on the issue of the Truth, Justice and Reconciliation Commission (TJRC). It is evident that beyond the initial commentary at the TJRC’s inception – when the appointment of some commissioners was vigorously queried – much of the attention has focused on possible prosecution of key perpetrators either in The Hague or by the Special Tribunal for Kenya. Continue reading →

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One could be forgiven for not knowing a Sudanese is in the dock at the International Criminal Court for crimes committed in Darfur. The confirmation of charges hearing against Abu Garda is going on at the moment in the Hague

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I don’t envy Louis Moreno-Ocampo in his position as chief prosecutor of the International Criminal Court (ICC). However, that is not to suggest that I will be either sympathetic or forgiving if he botches the investigations of Kenya’s high-profile suspects. This article argues that Kenyans must monitor the approach and performance of the ICC in the country. Continue reading →

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This is the second of three essays on misconceptions in debates over transitional justice in Kenya. The first essay considered complementarity and the Truth, Justice and Reconciliation Commission (TJRC), and argued that, if Kenya’s situation was otherwise admissible to the International Criminal Court (ICC), the TJRC in its current form is unlikely to satisfy the Court’s complementarity test. This essay considers the discussion on domestic prosecutions in Kenya. Continue reading →

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