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The Legacy of Crimes and Crises

Transitional Justice, Domestic Change and the Role of the International Community


Edited By Klaus Bachmann and Dorota Heidrich

The book shows how transitional justice experiences influence domestic change and what the role of the international community in these processes is. It is divided into three thematic parts. The first one presents regional and local transitional justice efforts, aiming at showing different mechanisms implemented within transitional justice mechanisms. The following part deals with the role and impact of international criminal tribunals set up to prosecute grave human rights abuses. The third part is devoted to the role of the international community in mass atrocity crimes prevention. The contributions prove that transitional justice measures are not universal. Rather, they must be characterized by the principle of local ownership and be crafted to circumstances on the ground.
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Allan Rutambo Ngari - Foreign Judicial Intervention and the Media – The Case of the ICC and Kenya


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Allan Rutambo Ngari

Foreign Judicial Intervention and the Media – The Case of the ICC and Kenya

While Kenya had experienced violence during previous election periods, the violence then had been sporadic and taken place mainly prior to the election date. The 2007 elections were markedly different. They were marred by violence shortly after the announcement of the presidential election results by the now defunct Elections Commission of Kenya. The violence that broke out in various parts of the country left over 1,300 people dead and over 600,000 internally displaced.

Under the chairmanship of H. E. Kofi Annan of the Panel of Eminent African Personalities, representatives of the two political parties, the Party of National Unity (“PNU”) and the Orange Democratic Movement (“ODM”), their leaders (the two Principals) signed the National Accord and Reconciliation Act 2008 that paved the way for a Grand Coalition Government (“GCG”) headed by the two Principals, Mr. Mwai Kibaki and Mr. Raila Odinga as the President and Prime Minister of the Republic of Kenya, respectively.

The Kenya National Dialogue and Reconciliation (“KNDR”) initiative that was established by the two Principals agreed on a reform agenda that included undertaking constitutional, legal, and institutional reform and addressing accountability and impunity. Three commissions were initially established: (i) the Commission of Inquiry into Post Election Violence (“CIPEV”); (ii) the Truth, Justice and Reconciliation Commission (TJRC); and (iii) the Independent Interim Elections Commission. CIPEV, which was established in...

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