'Changing Faces' on Acceptance of International Criminal Intervention in Kenya

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The chapter examines the acceptance of the ICC in Kenya and discusses a range of recent events in which the ICC trials were politicized by the national political elite, with some of its members seeking to frame it as a neocolonial intervention. The chapter distinguishes between formal compliance and the actual behavior of political actors. Acceptance is thus defined as an action that goes beyond formal compliance. The chapter describes several main actors in the country setting: Government, civil society and the international community (including the ICC). In Kenya, the nature of the acceptance of international criminal justice is contingent: it depends on the different actions and reactions by national actors. It therefore needs to be observed over time. The chapter argues that justice was hijacked by political actors for their own interests, which ultimately influenced the acceptance by the broader population. At the same time, Kenyan civil society seems powerless to change such interpretations. However, by showing its willingness to prosecute, the chapter argues that the ICC did perhaps contribute to more peaceful elections in 2013 which could indicate a certain acceptance of international standards.