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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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