Abstract

The 2007 general elections in Kenya were followed by a period of organized and spontaneous violence. According to the International Criminal Court, crimes against humanity such as murder, deportation or forcible transfer of population, persecution, rape, and other inhumane acts took place in the country. Widespread conflict-related sexual violence reached high levels during the conflict, in both topdown and bottom-up dynamics. This article analyzes the forms of post-electoral violence and the notion of sexual violence as political violence; an 'organizational policy', as suggested by the ICC, or as a practice that is 'tolerated'. It further investigates transitional justice mechanisms applied in the country after the episode, including the work of the Truth, Justice and Reconciliation Commission and the ICC's prosecution strategy. Finally, it discusses the impact of such transitional justice measures regarding conflict-related sexual violence, not only concerning victims and witnesses, but the entire Kenyan society.

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