In December 2007, following a bitterly disputed presidential election, violence rippled out across Kenya, exposing entrenched ethnic divisions fuelled by social and economic exclusion, corruption, and winner-takes-all politics. This book describes the remarkable intervention of the Panel of Eminent African Personalities. Convened by the African Union while violence was still spreading, Kofi Annan, Graça Machel and Benjamin Mkapa were asked to mediate between the parties, create the conditions for peace, and negotiate a political settlement that would tackle the root causes of conflict, mend Kenya’s failing institutions and reduce its profound inequalities. With the advantage of an insiders’ account, Back from the Brink describes how the Panel deployed their diplomatic and peace-making skills to stop the bloodshed, and how, from 2008 to 2013, Annan, Machel and Mkapa remained deeply engaged in Kenya’s efforts to build a durable peace.

Growing public discontent with the performance and quality of many contemporary democracies makes them vulnerable to popular pressures to profoundly transform or replace their constitutions. However, there is little systematic academic discussion on the legal and political challenges that these events pose to democratic principles and practices. This book, a collaborative effort by legal scholars and political scientists, analyzes these challenges from an interdisciplinary and comparative perspective. It fills a theoretical vacuum by examining the possibility that constitutions might be replaced within a democratic regime, while exploring the conditions under which these processes are more compatible or less compatible with democratic principles. It also calls attention to the real-world political importance of the phenomenon, because recent episodes of constitutional redrafting in countries including Kenya, Poland, Venezuela and Hungary suggest that some aspects of these processes may be associated with either the improvement or the gradual erosion of democracy.

This book provides an account of how the responsibility to protect (R2P) and the International Criminal Court (ICC) were applied in Kenya. In the aftermath of the disputed presidential election on 27 December 2007, Kenya descended into its worst crisis since independence. The 2007-08 post-election crisis in Kenya was among the first situations in which there was an appeal to both the responsibility to protect and a responsibility to prosecute. Despite efforts to ensure compatibility between R2P and the ICC, the two were far from coherent in this case, as the measures designed to protect the population in Kenya undermined the efforts to prosecute perpetrators. This book will highlight how the African Union-sponsored mediation process effectively brought an end to eight weeks of bloodshed, while simultaneously entrenching those involved in orchestrating the violence. Having secured positions of power, politicians bearing responsibility for the violence set out to block prosecutions at both the domestic and international levels, eventually leading the cases against them to unravel. As this book will reveal, by utilising the machinery of the state as a shield against prosecution, the Government of Kenya reverted to an approach to sovereignty that both R2P and the ICC were specifically designed to counteract. This book will be of interest to students of the Responsibility to Protect, humanitarian intervention, African politics, war and conflict studies and IR/Security Studies in general.

The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC’s impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.

Cultures of violence are characteristic of many countries in sub-Saharan Africa and attempts to move towards cultures of peace have often proved difficult and ineffectual. And yet, the wide variations in levels of violence within and between countries show that it is not inevitable; rather, it is the result of choices made at individual, community and societal levels. This book examines the potential of peace infrastructures as vehicles to strengthen and spread progress towards cultures of peace. Peace infrastructures vary hugely in sophistication and level. The examples examined in this book range from tiny structures which help resolve conflicts between individuals and within community organisations, peace committees which serve local communities, peace education and peace club programmes in schools, mediation mechanisms to prevent election violence and to ministries of peace to coordinate government and non-government efforts in peacemaking and peacebuilding. The overall finding is that the development of peace infrastructures at all levels has great potential to build cultures of peace. 1. It is the only book available which documents the experience and potential of nonviolence in post-independence sub-Saharan Africa. 2. It makes a persuasive case for the development of various peace infrastructures in order to make peace sustainable. 3. It explains how strategic planning can be utilised, both to bring about change and to institutionalise it.

This book explores the relationship between the Responsibility to Protect (R2P) and the International Criminal Court (ICC), challenging the assumption that they are always mutually reinforcing or complementary, and examining instead the many tensions which arise between the immediate imperative of saving lives, and the more long-term prospect of punishing perpetrators and preventing future conflicts through deterrence. Around the world, audiences in the mid-1990s watched the mass atrocities unfolding in Rwanda and Srebrenica in horror and disbelief. Emerging from these disasters came an international commitment to safeguard and protect vulnerable communities, as laid out in the R2P principle, and an international responsibility to punish perpetrators, with the establishment of the ICC. The book provides context-independent proposals for resolving contradictions between the two principles, suggesting that focusing on timing and sequencing in invoking international R2P and ICC actions could facilitate the easing of tensions. Drawing on examples from Uganda, Kenya, and Darfur, the book applies International Relations concepts and theories in order to deepen our understanding of international responses to mass atrocities. Ultimately the book concludes that a 'Protection First, Justice Later' sequence approach is necessary for managing the tension and facilitating more effective and consistent international responses. This book makes an important contribution to discussions and debates surrounding international responses to genocide and mass atrocities. It will be of special interest to scholars, students and policymakers in International Relations, Global Governance, African Studies, International Development, Human Rights and International Criminal Law.

The book offers a critical analysis of legitimacy in peacebuilding, with a focus on peace negotiations and civil society participation in particular. The aim of this book is to unpack the meaning of legitimacy for the population in peacebuilding processes and the relationship this has with civil society involvement. There is a growing consensus for addressing local concerns in peacebuilding, with the aim of ensuring local ownership. Moreover, scholars have noted a relationship between civil society inclusion in peace negotiations and legitimacy. Yet, the very idea of legitimacy remains a black box. Using data from original empirical fieldwork – including over 100 semi-structured interviews and 12 focus group discussions – the book focuses on two case studies of negotiations that, respectively, ended a long civil war in Liberia in 2003 and ended the post-election violence in Kenya in 2008. It argues that civil society involvement is conceptually insufficient to show a multidimensional understanding of legitimacy. Instead, the book shows a complex picture of legitimate peace negotiations, based on outcome and participation-based characteristics with the involvement of both ‘guarantors’ of legitimacy and a more general civic agency which includes the general population. Through forms of participative communication, the passive audience become active stakeholders in the construction of legitimacy. This has repercussions for how we think about civil society and peacebuilding more generally. This book will be of much interest to students of peacebuilding, conflict resolution, security studies and IR in general.