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17 Int'l Crim. L. Rev. 1 (2016-2017)

handle is hein.journals/intcrimlrb17 and id is 1 raw text is: International INTERNATIONAL CRIMINAL LAW REVIEW BRILL 17 (2017) 1-46 Review NIJHOFF brillcom/icla Opposing International Justice: Kenya's Integrated Backlash Strategy against the i cc Laurence R. Heifer Harry R. Chadwick, Sr. Professor of Law, Duke University School of Law, Durham, NC, USA Anne E. Showalter Law Clerk on the United States District Court for the Southern District of Florida, Miami, FL, USA Abstract The government of Kenya has employed a wide range of strategies to undermine the recently-dismissed prosecutions of President Uhuru Kenyatta and Deputy President William Ruto before the International Criminal Court (IcC). This Article argues that these strategies are part of an integrated backlash campaign against the ICc, one that encompasses seemingly unrelated actions in multiple global, regional and national venues. We identify three overarching themes that connect these diverse measures-politicizing complementarity, regionalizing political opposition, and pair- ing instances of cooperation and condemnation to diffuse accusations of impunity. By linking its discrete acts of opposition to these three themes, the government ul- timately increased the effectiveness of its campaign against the Court. Our findings provide insights for analysing other instances of backlash against international courts and institutions. Keywords International Criminal Court (IcC) - backlash - Kenya - international courts - Africa * Anne E. Schowalter, 2016 JD-LLM in International and Comparative Law, Duke University School of Law. @ KONINKLIJKE BRILL NV, LEIDEN, 2016 DOI 10.1163/15718123-01701005

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