Divided We Fall: How the International Criminal Court Can Promote Compliance by Working with Regional Courts

January 30, 2016

Tatiana Sainati received her J.D. and LL.M. from Duke University School of Law. Ms. Sainati’s Article discusses the important role of interaction between regional courts and the International Criminal Court.

Kenya’s 2007 presidential elections inflamed deep-seeded ethnic tensions in the country, sparking violence that left thousands dead and more than half-a-million civilians displaced. After the bloodshed, Kenya failed to investigate, prosecute, and punish those responsible for the atrocities. The Prosecutor for the International Criminal Court (ICC) launched an investigation into the Kenyan situation, acting under his statutory authority, and eventually brought charges against six high-ranking Kenyans, including President Kenyatta. After years of investigations, the Prosecutor ultimately withdrew the case against the Kenyan President—a potentially fatal failure heralded by some as the death knell of the ICC.

Read: "Divided We Fall:  How the International Criminal Court Can Promote Compliance by Working with Regional Courts."