THE RELATIONSHIP BETWEEN THE AFRICAN UNION AND THE INTERNATIONAL CRIMINAL COURT IN PEACEMAKING: A CASE STUDY OF KENYA

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Conflict is inherent in world society. The reoccurrence of conflicts and their impact on human development has led to the realization of the need to prioritize the management of conflict and to promote a culture of peace.1It is one of the major themes in international politics. Conflicts occur at all levels of social life; the interpersonal, intergroup, inter- organizational and regional.

 

 

A long held aspiration of the international community was the creation of a permanent court to prosecute cases of unthinkable killings that deeply shock the conscience of humanity and threaten the peace, security and well-being of the world. Of the many aspects in and issues arising from the Rome Statute that established the International Criminal Court (ICC), complementary, the principle restates the primacy of national courts in investigating and prosecuting international crimes, seems to have, by far attracted the most attention and intense debate.2

 

 

During the cold war period, conflicts were largely expected to occur across borders and between states. However, with the end of the cold war, conflicts occur more at the intra- state level, rather than the traditional inter-state level. When states experience internal conflict,  rarely do  they envisage it  spilling over and  threatening to  destabilize their neighbors. When domestic conflicts spill over into neighboring states, they invariably threaten the ability of affected victim states to meet the basic security needs of their own people.3  This is particularly true of state systems in Africa, where regime legitimacy is

often under challenge and borders are porous.

 

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PROF. AMB. MARIA NZOMO
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