Smallest share of the pie? Accountability for international crimes at the domestic level: case studies of Kenya, Uganda and Côte d'Ivoire

This thesis analyzes the performance of national courts in light of the expected division of labour between international and domestic jurisdictions in seeking accountability whenever international crimes are committed. The thesis proceeds from the normative assumption that states have a residual obligation to continue investigating and prosecuting perpetrators of international crimes, even after the ICC has intervened. The ICC can only proceed with a handful of investigations and prosecutions in each situation, leaving the bulk of the perpetrators to be prosecuted at the domestic level. Similarly, the ICC can only offer redress to a few victims, leaving the rest to look up to the national system for redress. Based on this, the thesis examines the domestic systems of three ICC- situation countries in order to assess the response at the domestic level in terms of securing domestic accountability and offering redress to victims of international crimes. The thesis assesses the extent to which the selected countries, being Kenya, Uganda and Côte D’Ivoire carried their share of the burden in investigating and prosecuting perpetrators of international crimes in their domestic jurisdictions upon the ICC’s intervention. The thesis also inquiries into whether the three countries met their obligations towards victims of international crimes.