Introduction
Aims of the Principles
The ‘Nairobi Principles of Accountability’ (the ‘Nairobi Principles’ or simply the ‘Principles’) is the outcome of a research project undertaken in the period 2017-18 in collaboration between civil society experts and academics in Kenya and Ulster University’s Transitional Justice Institute, together referred to as the ‘Expert Group’.
Drawing on Kenya’s experiences with accountability for serious crimes committed in the context of the 2007/8 post-election violence (PEV), the Principles aim to set standards

and create guidance for future accountability processes addressing international crimes. The Principles focus on international criminal justice, specifically the International Criminal Court (ICC) process, which reflects that this avenue for accountability became the primary focus of actors seeking to advance accountability in Kenya, as efforts to promote accountability domestically encountered serious obstacles from the outset despite efforts made by civil society and other stakeholders.
Despite broad normative commitment, evidence suggests that national authorities are often reluctant to endorse accountability norms when crimes are committed within their jurisdictions or by their own nationals, in particular to the extent that accountability processes put State officials under scrutiny. Justice mechanisms addressing international crimes offer promises for advancing accountability norms, but the experiences from Kenya point to significant challenges in giving effect to these norms in practice.
By making recommendations for specific measures of reform, and legal, policy or practice change, the Nairobi Principles are relevant to multiple stakeholders, including various organs of the ICC, other international and regional organisations, national justice sector bodies and other governmental agencies involved in justice processes, human rights lawyers and civil society actors working to advance accountability, academics and others. It is envisaged that the Principles and the associated material will be used as an advocacy tool and as reference framework for legal and policy change, both domestically and internationally.
The Nairobi Principles do not purport to offer a ‘one-size-fits-all’ solution to accountability processes. Rather the objective is to draw on the challenges experienced in Kenya as a starting point for identifying more general challenges relating to achieving justice for serious crimes under international law and create principles which can benefit the evolving accountability system more generally.
In summary, drawing on the experiences from Kenya, the Nairobi Principles are intended to inform relevant stakeholders concerning how to address the challenges faced by the contemporary justice system for international crimes with a view to making it more efficient and legitimate.

DOWNLOAD REPORT HERE 

Tweet