Peace without justice is often deemed an illusion by many, especially as conflicts continue to ravage different parts of the globe. From the ongoing war between Russia and Ukraine, to the enduring conflict between Israel and Hamas, and the protracted warfare in the Democratic Republic of the Congo (DRC), to the recent gang wars in Haiti, the prevalence of strife begs the question: why is there so much unrest in the world?
The 2007/08 post-election violence stands as a pivotal moment in modern Kenyan history, where ethnic divisions tore the nation apart, resulting in the loss of more than 1000 lives, the displacement of hundreds of thousands and destruction of property whose value is unknown to date. A sealed list of top suspects was handed over to Kofi Annan, who led the post-election crisis mediation, and in turn to the International Criminal Court in The Hague, which promised to take action if Kenya didn’t. Powerful individuals on both sides of the political divide were on the suspects list that led to a stand-off on whether to create a special tribunal within Kenya to investigate and prosecute those on the list, or let the ICC lead the effort.
The violence following the December 2007 election was not the first of its kind—the 1992 and 1997 elections saw a similar level of death and displacement. 2007 was different because it sparked a national reckoning, igniting debates on the urgent need for constitutional and electoral reforms. These discussions aimed to address deep-rooted issues such as corruption, economic inequities, and historical grievances related to land ownership. The culmination of these efforts was the adoption of the 2010 constitution, signaling a hopeful stride towards self-governance and democratic stability post-colonial rule.
However, the aftermath of the violence also saw the prosecution of top government and political leaders, including former President Uhuru Kenyatta and current President William Ruto, by the International Criminal Court (ICC). This case, ended up being a spring-board that propelled them to be elected President and deputy president respectively in the preceding election in 2013.
The use of the International Criminal Court (ICC) to investigate and prosecute human rights violations in Kenya was hope that justice would be served without political interference. Proponents of the Hague-based court had no faith in the judicial processes or any local remedies and therefore hoped that the ICC would not only to provide restorative justice for those harmed by the violence but also retributive justice towards the perpetrators. Neither has happened in Kenya for more than 15 years now and counting.
Ethnicity played a significant role in the 2008 post-election violence, a recurring theme in Kenyan political life, fueled by land disputes, privilege, inequality among other things. Despite historical precedents of violence, Kenyan elections continue to be marred by ethnic calculus and alliances, overshadowing performance-based politics, which has been a great undoing not only to the development of the Country, but also diminishing chances of any reconciliatory efforts.
My conversation Dr. Njoki Wamai, an assistant Professor of International Relations at USIU-A and Gates Cambridge alumni, who has done extensive research on the ICC that formed her thesis for her PhD brought to the forefront critical reflections that would help us as a nation and the entire continent of Africa look at Peace and Justice. Her extensive body of work, exploring the intersection of theory and practice in international relations and politics form her thought-provoking analysis to her groundbreaking research, gives us insights that have made her a leading voice in her field.
Prepare to be inspired and enlightened as we delve into the mind of this distinguished scholar, promising an enriching conversation that expands horizons and deepens understanding of the world around us.
Click here: https://www.youtube.com/watch?v=tb1QUGBoLTQ&t=44s
