A dynamic approach to assess the International Criminal Court's performance in the Kenya cases

Juma, Laurence; Khamala, C A

Title: A dynamic approach to assess the International Criminal Court's performance in the Kenya cases
Creator: Juma, Laurence
Creator: Khamala, C A
Date Issued: 2017
Date: 2017
Type: text
Type: article
Identifier: http://hdl.handle.net/10962/125241
Identifier: vital:35749
Identifier: https://hdl.handle.net/10520/EJC-e9dcefddf
Description: Victims of crimes against humanity perpetrated during Kenya’s post-2007 conflicts may feel aggrieved by the International Criminal Court’s discontinuance of all Kenya cases without having found the suspects either culpable or non-culpable. Neither did the suspects benefit from acquittals. Unprecedentedly, Ruto and Sang’s charges were vacated at half-time. Cases against other suspects were withdrawn. Given the circumstances which led to the ICC’s intervention in the Kenyan situation, this paper argues that in lieu of either quantitative or qualitative studies, arguments of various proxy approaches for evaluating judicial performance, are problematic. Neither judicial independence, rule-compliance, community of purpose, nor even institutional design, adequately measure judicial performance. Besides interrogating limitations of using such proxies, the paper appraises the merits of constructing a modified version of the goal-based approach. It will demonstrate that by incorporating both process-oriented as well as strategic constituency models, a more dynamic evaluative methodology can be developed for measuring the ICC’s performance in the Kenya cases.
Format: 35 pages
Format: pdf
Language: English
Relation: Lesotho Law Journal
Relation: Juma, L. and Khamala, C.A., 2017. A dynamic approach to assess the international criminal court's performance in the Kenya cases. Lesotho Law Journal, 25(2), pp.39-73.
Relation: Lesotho Law Journal volume 25 number 2 39 73 May 2017 0255-6472
Rights: National University of Lesotho
Rights: Use of this resource is governed by the terms and conditions of the Sabinet Terms and Conditions Statement (https://www.sabinet.co.za/terms-conditions)

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