Resolving The Conflict in Jurisdiction Between the International Criminal Court and The Proposed African Criminal Court Apropos the Kenyan ICC Cases

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dc.contributor.authorNyiva, Mwololo Noellanne
dc.date.accessioned2024-11-04T07:34:50Z
dc.date.available2024-11-04T07:34:50Z
dc.date.issued2022-10
dc.descriptionMASTER OF ARTS in Diplomacy, Development, and International Security
dc.description.abstractThis study examined how the Kenyan cases at the International Criminal Court influenced moves by the African Union to establish an African Criminal Court with jurisdiction that resembles that of the International Criminal Court regarding international crimes. The creation of this court will create several problems. It is doubtful whether the political goodwill that brought about the proposed African Criminal Court will allow this court to operate independently. Equally bothersome are questions related to the competence of the proposed African Criminal Court to deliver on its mandate of investigating and prosecuting international crimes against the powerful people in the continent. Of chief concern is how the proposed African Criminal Court would relate to the International Criminal Court. This study used the liberal institutionalism theory. The study pursued three objectives: The first objective was to analyse how the Kenyan cases at the International Criminal Court energized moves by the African Union to establish the proposed African Criminal Court. The second objective was to examine how the African Union can strengthen the proposed African Criminal Court to make it effective in executing international crimes. The last objective was to explore strategies for resolving the conflict in jurisdiction between the International Criminal Court and the proposed African Criminal Court. This study used a descriptive study design. Quantitative and qualitative methodologies were used for data collection. Quantitative methodologies did see the distribution of questionnaires to a convenience sample of respondents while the qualitative methodology saw to the conducting of in-depth interviews of the respondents. These respondents had expert knowledge on the history, context, issues, strategies, and outcomes related to the African Union’s move to create a regional court to handle international crimes. The findings provided insights into the political and legal arguments that shaped the design and mandate of the African Criminal Court. The study established that 100% of the respondents interviewed were fully familiar with the Kenyan International criminal cases which could bring international accountability to end impunity in Kenya and the 2007 post-election injustices. The study found out that these two courts needed a cooperation framework to strengthen the effectiveness of international crimes of African Criminal Court. The third objective saw 40% of the respondents indicate that African Union has adopted creation procedures for collecting evidence and having the capacity to prosecute political leaders. Recommendations for future studies may consider exploring further on the political and diplomatic factors that animate the African Union’s plan to constitute an African Criminal Court as well as researching more on giving direction on areas that require policy guidelines in relation to the weaknesses and challenges of establishing the proposed African Criminal Court.
dc.description.sponsorshipDaystar University, School of Arts and Social Sciences
dc.identifier.citationNyiva, M. N. (2022). Resolving The Conflict in Jurisdiction Between the International Criminal Court and The Proposed African Criminal Court Apropos the Kenyan ICC Cases. Daystar University, School of Arts and Social Sciences
dc.identifier.urihttps://repository.daystar.ac.ke/handle/123456789/5589
dc.language.isoen
dc.publisherDaystar University, School of Arts and Social Sciences
dc.subjectKenyan cases
dc.subjectInternational Criminal Court
dc.subjectAfrican Union
dc.subjectinternational crimes
dc.titleResolving The Conflict in Jurisdiction Between the International Criminal Court and The Proposed African Criminal Court Apropos the Kenyan ICC Cases
dc.typeThesis

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