Judgment of the Collective Violence of Mass Killing : With Special Reference to PEV in Kenya

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  • 理不尽な集合暴力は誰がどのように裁くことができるか : ケニア選挙後暴動の事例から
  • リフジン ナ シュウゴウ ボウリョク ワ ダレ ガ ドノ ヨウ ニ サバク コト ガ デキル カ ケニア センキョ ゴ ボウドウ ノ ジレイ カラ

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Abstract

African societies have produced a great number of victims in civil wars, ethnic clashes, and other forms of violent conflict during the last twenty years. Though they are tragically marked with incurable scars, now experiments for healing and reconciliation are under way. This study considers this process by citing the case of Kenyan Post-Election Violence (PEV). Until recently, Kenya enjoyed a good reputation among Japanese people as a wildlife kingdom. This stereotyped image was destroyed by the post-election violence of 2007-2008. Hundreds of civilians were killed, and half a million people lost their homes. We would like to consider two questions. How can justice for victims be restored, and how can the violence-torn society be reconciled? How then can the victims of violence have their human dignity restored? Broadly speaking, there are two options. The one is punishing the perpetrators in modern courts of law; the other is resolving the issues out of court. Though the national court system, based on the sovereignty of the nation-state, has been dominant in conflict resolution in the modern world, the newly-established International Criminal Court started to exert an overwhelming power based on universal/global standards of justice beyond national borders in the world of the 21st century. To be sure, this universal jurisdiction, transparent, and impartial, is recognized as the last and greatest bastion of human dignity, but we would like to reveal its limitations and opportunism, and instead reconsider some out-of-court ways of conflict resolution, such as indigenous village gatherings inspired by community justice. The power of narratives of suffering contributed by each victim should also be highly evaluated as an alternative channel of reconciliation.

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