ID | 097700 |
Title Proper | Legal challenge of civil militia groups in Kenya |
Language | ENG |
Author | Nyabola, H Nanjala |
Publication | 2009. |
Summary / Abstract (Note) | The proliferation of civil militia groups across Africa poses one of the greatest security tests not only to African nations, but to the greater international community. Given that international criminal law is constantly evolving in response to new and ever more complicated issues, it is important to evaluate the role that this can play in addressing the challenge of civil militia groups. In the case of Kenya, the dual concerns of the rising strength of civil militia groups and a crumbling police and judicial system continue to undermine the ability of the nation to secure lasting peace and thus development. There is a palpable tension between the need to bring civil militias to book over their crimes and the need to respect national judicial sovereignty, particularly in a state that is viewed as failing rather than failed. To gain a better understanding of these legal challenges, it is necessary to develop a framework to assess which crimes committed by civil militia could potentially fall under the mandate of the International Criminal Court. This article makes suggestions for a rudimentary basis for such a framework, and discusses the challenge that civil militias pose to national and international judicial organs. Finally, it evaluates the value that prosecution of such groups could add to the national judicial tradition. It argues that the potential benefits of a prosecution far outweigh the risks, and that a complementarity regime offers opportunities for cooperation between international criminal law organisations such as the International Criminal Court and the national judicial system of Kenya. |
`In' analytical Note | African Security Review Vol. 18, No. 3; Sep 2009: p.90-102 |
Journal Source | African Security Review Vol. 18, No. 3; Sep 2009: p.90-102 |
Key Words | Civil Militia ; Mungiki ; ICC ; Kenya ; Jurisdiction |