Transitional Justice and Peacebuilding: The ICC and TJRC processes in Kenya

Abstract

ABSTRACT:Transitional justice is a critical component in peacebuilding in post-conflict regimes. States recovering from periods of protracted structural or manifest conflict institute restorative and retributive transitional justice mechanisms with the aim of pursuing justice for victims and perpetrators. There is, however, a phenomenon that has been observed in the international system whereby post-conflict regimes that have initiated transitional justice interventions in pursuit of a sustainable peace experience relapse into violence. This paper examines the outcome and impact of transitional justice interventions in peacebuilding in post-conflict regimes using the case of Kenya. The study integrates a descriptive and explanatory multiple case study of the Truth, Justice and Reconciliation Commission and the International Criminal Court processes to examine the intersection of transitional justice and peacebuilding in the country. The paper demonstrates that these transitional justice processes suffered legislative enactment and enforcement inadequacies as well as limitations of state interference and local ownership that hindered their effectiveness. Due to noncooperation and non-compliance in their implementation, these transitional justice mechanisms failed to respond to the protracted latent and manifest antagonisms between perpetrators and victims, thereby constraining the peacebuilding agenda in the country.