The International Criminal Court and African Conflicts: Transitional Justice in Kenya after the 2007/8 Post-Election Violence

Over the last two decades, the use of the International Criminal Court (ICC) to address the culture of impunity in the African continent and indeed throughout the world has increased tremendously. All 30 indictments issued by the ICC since its inception are against Africans. This book argues that prioritizing retributive justice in the African context does not only breed unstable political environments, but can also undermine the very discourse that seeks an inclusive political justice process likely to bring long-term solutions. The use of transitional justice processes which are retributive in praxis and devoid of a concurrent comprehensive political restorative process in similar contexts may jeopardize achievement of sustainable peace and justice. Political environments of that nature can only benefit from a comprehensive restorative justice process seeking to promote peace and justice, institutional reforms, reconciliation, interstate mutual relations, and responds to the needs of victims. This appraisal of inclusive transitional justice processes should be useful to transitional justice and peace practitioners.