The thesis “Retributive Justice and the International Criminal Court,” completed by Dona Anyona at the Institute of Diplomacy and International Studies, University of Nairobi, in December 2013, explores the role and implications of retributive justice within the framework of international criminal law. The paper examines the International Criminal Court (ICC) as a mechanism to achieve accountability for grave crimes, particularly in post-conflict societies, and its effectiveness in delivering justice. It considers how retributive justice balances the need for accountability with the broader goals of peace and reconciliation.
The thesis analyzes the ICC’s application of retributive principles to enforce international law while addressing challenges such as political interference, limited jurisdiction, and varying perceptions of justice among affected populations. It also discusses the tension between justice and peace, where pursuing legal accountability might sometimes hinder conflict resolution efforts. The work underscores the ICC’s role in shaping norms of international justice and its impact on victims, perpetrators, and global society
