The Regional Prosecution Model between Kenya and the European Union: Implications on International Criminal Law?

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The Regional Prosecution Model between Kenya and the European Union: Implications on International Criminal Law?

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Publication 1-year master student thesis
Title The Regional Prosecution Model between Kenya and the European Union: Implications on International Criminal Law?
Author(s) Stjärneblad, Sebastian
Date 2014
English abstract
Modern piracy has escalated outside the coast of Somalia and in the Gulf of Aden. In order to bring suspected pirates and alleged armed robbers to justice, the European Union has entered into a regional prosecution model with Kenya. In this study I examine if the regional prosecution model between Kenya and the European Union may have any implications on international criminal law by specifically analyzing the Kenyan jurisdiction to try piracy suspects and the right to fair trial in Kenyan criminal proceedings of piracy suspects. By using a legal method, this study offers some clarity regarding Kenya’s jurisdictional basis to prosecute piracy suspects, as well as, to what extent they respect the right to a fair trial in its criminal proceedings of alleged pirates. In addition, the legal analysis demonstrates that international criminal law may be undermined and subjected to mistrust. Furthermore, the legal analysis also offers indications on a normative development of the Security Council in relation to its role in bringing perpetrators of international crimes to justice.
Publisher Malmö högskola/Kultur och samhälle
Pages 73
Language eng (iso)
Subject(s) Piracy
Regional Prosecution Model
Kenya
Exchange of Letters
Jurisdiction
Right to a Fair Trial
International Criminal Law
Human Rights
Handle http://hdl.handle.net/2043/17677 (link to this page)

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