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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 ;


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.