1. The evidence supporting international criminal convictions 2. Questions unanswered: international witnesses and the information unconveyed 3. The educational, linguistic, and cultural impediments to accurate fact-finding at the international tribunals 4. Of inconsistencies and their explanations 5. Perjury: the counter-narrative 6. Expectations unfulfilled: the consequences of the fact-finding impediments 7. Casual indifference: the trial chambers' treatment of testimonial deficiencies 8. Organizational liability revived: the pro-conviction bias explained 9. Help needed: practical suggestions and procedural reforms to improve fact-finding accuracy 10. Assessing the status quo: they are not doing what they say they are doing but is what they are doing worth doing? 11. Conclusion.

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Fact-Finding without Facts: The Uncertain Evidentiary Foundations of International Criminal Convictions

1. Introduction: normative principles of jus post bellum Part I. Retribution: 2. Grotius, sovereignty, and the indictment of Al Bashir 3. Transitional justice and the Just War tradition 4. War crimes trials during and after war Part II. Reconciliation: 5. Reconciliation of warring parties 6. Reconciliation and the rule of law 7. Conflicting responsibilities to protect human rights Part III. Rebuilding: 8. Responsibility to rebuild and collective responsibility 9. Responsibility to rebuild as a limitation on initiating war Part IV. Restitution and Reparation: 10. Restitution and restoration in jus post bellum 11. A Grotian account of reparations Part V. Proportionality and the End of War: 12. Proportionality and the fog of war.

After War Ends: A Philosophical Perspective

......................................................................................................................... viii Prologue ............................................................................................................................ x Chapter One: Introduction ..................................................................................................... 1 Background ............................................................................................................................ 2 Rationale and Significance of Study ...................................................................................... 4 Structure of the Thesis ........................................................................................................... 5 Chapter Two: Who are the Excluded in Kenya? .................................................................. 9 Colonial Kenya and social exclusion ................................................................................... 16 Post-colonial Kenya and social exclusion............................................................................ 20 Meet the youth... ............................................................................................................. 28 Meet the women... .......................................................................................................... 29 HIV and AIDS public policy making... .......................................................................... 31 Chapter Three: Public Policy Processes in Kenya .............................................................. 37 Concept and Theory of Public Policy, and Public Policy Making ....................................... 37 Public Policy Making Processes in Kenya........................................................................... 41 Ordinary Citizens’ Participation in Public Policy Process in Kenya ................................... 52 Civil Society in Kenya and Public Policy Making Processes .............................................. 58 Chapter Four: The Anglican Church of Kenya’s Public Policy Discourse ...................... 60 The Anglican Church and models of understanding ‘church’ ............................................. 60 The Anglican Church is an institution ............................................................................ 60 The Anglican Church is a mystical communion ............................................................. 63 The Anglican Church is a herald .................................................................................... 67 The Anglican Church is a servant ................................................................................... 68 The Anglican Church and religion and politics in Kenya .................................................... 70 The colonial period ......................................................................................................... 70 Kenyatta’s era ................................................................................................................. 72

Public policy dialogue for socially-inclusive public policy making processes in Kenya: the role of the Anglican church of Kenya

According to the ICTR, Emmanuel Bagambiki is an innocent man. The trial chamber and the Appeals Chamber have each unanimously acquitted the former Prefect of Cyangugu of crimes relating to Rwanda's horrific 1994 genocide. And on 19 July 2007 Bagambiki was reunited with his wife in children in Belgium, having been granted asylum a few days earlier. It is tempting to conclude that justice has been done in Bagambiki's case. That conclusion, however, would be too facile: Bagambiki was acquitted in February 2006, nearly 18 months before his family reunion. In the interim he lived in a safe house in Arusha paid for by the United Nations, wanted by Rwanda for trial on related charges and unable to convince Belgium that he posed no danger to its peace and security. Bagambiki, moreover, is one of the lucky ones: the nightmare of being free but having nowhere to go continues for two of his acquitted roommates in the safe house, Andre Ntagerura and Andre Rwamakuba, Rwanda's Minister of Transport and former Minister of Education respectively. Bagambiki's ordeal and Rwamakuba and Ntagerura's ongoing plight illustrate one of the basic problems facing international criminal tribunals: what to do with the acquitted. An acquitted defendant normally has two options: return to his country of origin, or find a third country that will grant him asylum. Both options, however, have been problematic for defendants acquitted by the ICTR and are likely to prove equally problematic for defendants who may be acquitted in the future by the ICC. This short essay explains why – and identifies what the international community should do about it.

J Christopher

Papers

Rwanda's Troubled Gacaca Courts