5 Records out of 22207 Records

International Criminal Tribunals and National Security

Author: Shikuku, Agnes Nafula

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: International relations/Treaties/International Criminal Court/Criminal justice/National security/ ;

Abstract:

This study exammes the question of whether or not International Criminal Tribunals (K'Ts) in executing their mandate especially m post conflict situations interfere and/or compromise the national security or even the national security strategies of states. It analyses the rationale of establishing ICTs and their role in ensuring justice and accountability within states where international crimes have allegedly been committed, the role and conceptualization of national security and the relationship between ICTs and national security. The conceptual framework adopted in this study is that of state sovereignty which emphasizes non interference with the internal affairs of a state. The study while using this concept argues that states in exercise of their sovereignty cede some of it by entering into international treaties. In examining the rationale of ICTs, issues and philosophy relating to ICTs are discussed. The development of international criminal law (lCL) and International Humanitarian Law (IHL) is analyzed including the need to punish individuals who hold the highest responsibility in the commission of international crimes. In addition, the merits and justification that informed the establishment of UN based ad hoc courts and the treaty based ICC including the differences between them and the laws applicable by different ICTs are also addressed. The concept of national security is examined from both the traditional perspective that emphasizes physical security of the state and the contemporary one that addresses the individual. In examining the relationship between ICTs and national security, various issues that include tension between the interests of justice and political interests are discussed. The study adopted both primary and secondary sources of data. At the end of the study, the analysis proves the hypothesis that the functioning of ICTs does not interfere with the national security agendas of states but is in fact complementary.

Impact of media ownership on framing : a comparative study of The People Daily, The Standard and Nation Newspapers in their framing of the ICC case against Uhuru Kenyatta

Author: Tome, Francis Simiyu

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Journalists/Media coverage/The People Daily (Nairobi, Kenya)/The Standard (Nairobi, Kenya)/The Daily Nation (Nairobi, Kenya)/International Criminal Court/Litigation/Kenyatta, Uhuru/ ;

Abstract:

The intention of this study is to establish whether the owners of privately held media outlets influence the framing of news stories on critical issues affecting their (owners') interests. In order to achieve this goal, the study employed a mixed method approach . First, this research employed a descriptive content analysis of the news stories by the People Daily, Nation and the Standard newspapers relating to the ICCs confirmation of charges hearings against Uhuru Kenyatta between 21st September, 2011 to so' September, 2011. Secondly, a survey of journalists working for the three newspapers was conducted with a view to establishing whether there was a plausible link between ownership of the media outlets and the manifest bias in the news content. The findings of the descriptive content analysis show that the privately held People Daily newspaper had more favourable content for Uhuru Kenyatta as is demonstrated by the coefficients of imbalance. Furthermore, a not so insignificant number of journalists working for the privately held People Daily (as contrasted with those working for the publicly held media outlets) were of the view that the ownership did influence the news content. Interestingly, a significant number of journalists from the People Daily were ambivalent to a number of question items; a trend that the researcher thinks is demonstrative of uncertainty among such journalists occasioned by an overbearing ownership. This is just a snapshot of the results.

Relationship between the International Criminal Court and Truth Commission : the case of Transitional Justice in post conflict Kenya

Author: Lukwo, Damaris C

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Conflicts ; Post election violence ; International Criminal Court ; Truth Justice and Reconciliation Commission ; Justice ; Judicial process ;

Abstract:

This thesis examines the relationship between the International Criminal Court and Truth Justice and Reconciliation Commission with a specific focus on transitional justice in post conflict Kenya. The first chapter set lays down the background of the study. The second chapter explains the concept of transitional justice and examines its relevance in post conflict states. It looks at the different elements of a comprehensive transitional justice policy among them criminal prosecutions, truth commissions, reparations and reconciliation. It finally proposes that the different transitional justice mechanisms should work together. The third chapter looks at the post conflict situation in Kenya analyzing the history of the conflict. The objective of this chapter is to give the reader an understanding of the conflict in Kenya thus necessitating transitional justice in Kenya. This chapter is concluded with the introduction of the idea of conflict transformation. Chapter four makes an analysis of the International Criminal Court and Truth Justice and Reconciliation Commission in the context of Post Conflict Kenya. It further determines and analyzes the scope of crimes for the two processes and how they complement each other. The final chapter concludes that truth commissions and the international court are two sides of the same coin in the sense that they plays a complementary role to each other.

Prosecuting the crime of aggression and the juridiction of the International Criminal Court and the Security Council

Author: Bifwoli, Thomas Khamala

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2007

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: International Criminal Court ; UN Security Council ; Criminal justice ;

Abstract:

ABSTRACT NOT AVAILABLE

Enforcement of international criminal law in Darfur through the International Criminal Court

Author: Muchelule, Aggrey Otsyula

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2005

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: International Criminal Court ; International criminal law ; Darfur region, Sudan ; Law enforcement ;

Abstract:

ABSTRACT NOT AVAILABLE