Deficiencies in Administrations of International Criminal Justice in Africa and the Role of International Criminal Court: Case Studies of Kenya and Sudan.

Tyeah, Sospeter Samwel (2025) Deficiencies in Administrations of International Criminal Justice in Africa and the Role of International Criminal Court: Case Studies of Kenya and Sudan. Masters thesis, The Open University of Tanzania.

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Abstract

This study has made a discussion centered on the deficiencies in administration of international criminal justice in Africa and the role of the ICC, taking Kenya and Sudan as case studies. The study was formed with four objectives which reflects the problem identified in the statement of the problem which summarily is the deficiencies in the African legal framework and in the state responsibility for administration of international crimes, with case studies of Kenya and Sudan, as well as the challenges hindering the complementarity role of the ICC in its interventions to prosecute international crimes in Africa. The study has employed doctrinal legal research methodology along with documentary review or the library-based data collection methods and have been qualitatively analysed, involving a critical analysis of the primary sources such as the national legislations aiming to describe how they cover the administration of international criminal justice in Africa. The findings of this study reveal that the African legal framework, particularly of Kenya and Sudan, are insufficiently effective in administration of international criminal justice, also there are no effective measures in the context of state responsibility to prevent, investigate, prosecute and punish international crimes in their jurisdictions. On the other side, the ICC has been unsuccessful in advancing international criminal justice in Africa, particularly in Kenya and Sudan because its role has not adequately effective and fully promising in ending impunity or dealing with international crimes in Africa. The study finally recommends for improvements on the domestic legal and institutional frameworks, African political will and reforms to the ICC. Keywords: International Criminal Justice, the International Criminal Court, International Crimes, State Responsibility, the Principal of Complementarity.

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