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International Transitional Justice as component of Neoliberal Intuitionalism

 New international systems created during the 20th Century have become more active in nowadays society, and mostly in Africa.  The case of United Nations, International Monetary Fund, World Bank, ICC, etc.  According to some scholars, International Systems are safeguard for domestic policy by tracking, in the post-conflict period, those we have committed crimes during wars. They control the case of violations of human rights; in the political context, they operate to regulate the implementation of democracy in state, the development enrolling in international cooperation standard. Thus, the actions taken by the states are resonances on the international political scene, therefore are frequently controls by international regimes.  This current policy in which International Systems interfere in the policy within a state is one of the main assumptions of the Neoliberal Institutionalism. Neoliberals embrace a structural theory of international politics and pay much more attention to the ways international institutions and other non-state actors promote international cooperation. The international cooperation agenda include economic factor, political factor, environmental, cultural factor, security factor and jurisdiction factor.

During the led students conference hold in October 11 to 12, 2013, one of the Keynote Speakers, Mr. Kegero underlined the importance of transitional justice in the post-conflict period.  He  defined transitional Justice as sets of practices, mechanisms and concerns arise following the period of conflicts, civil strife or repression which are aims directly at confronting and dealing with past violations of human rights and Humanitarian law.  It seeks to reform heal and transit from illegitimate and repressive rule situations of conflict to national reconstruction and good governance. The main aim is to end the culture of impunity and establish the rule of the law in a context of democratic governance. That is to say transitional Justice seeks to reconcile communities, to renew the citizen’s trust in the institutions of governance and public service. The guest speaker gave a case study of Kenya in the post election violence in 2007 where various crimes have been committed particularly on human rights abuses, war crimes, and crimes against humanity. We know by the fact that an International Criminal Court (ICC) was created during the Rome Status and came into force on 1 July 2002. The Rome Statute grants the Court jurisdiction over four groups of crimes: genocide, crimes against humanity, war crimes and the crime of aggression (Art. 5). Most of Crimes committed by some Kenyans during the post election are claimed to be part of the four groups under the Jurisdiction of ICC.  There is a trial ongoing in Hague on international transitional justice on Kenya situation. That is to say that the presumed authors of those crimes must attend the Court.

The case of Kenya deals with the international cooperation in jurisdiction factor. ICC as international regime targets a sovereign country which is Kenya.  The very contrast insight is that those who are ruling the country are those presumed authors of those crimes, such as the President. What will happen if they don’t want to attend the trial? Henceforth, a war is opened between the complex structure of these international regimes and the sovereignty of a state. The pressure of international regimes which control the anarchy system in domestic policy seems to be demanding. Kenya may be sanctioned since the President refuse to attend the trial.

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