What is it about?
Lack of domestic prosecution for sexual and gender based crimes in Kenya and Uganda renders them unwilling (not unable) to prosecute International crimes
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Why is it important?
Because of claims that women are equal before the law and thus, the legal system is prepared to do its upmost to prosecute domestic crimes against them. However, entrenched mysogony and patriarchial state-centric systems renders this ambition a façade.
Perspectives
This article offers a comparative analysis of the cultural aspects which impact upon a states inability to investigate and prosecute crimes against women. It considers the histography and importance of cultural practices pertaining to Bride Price, Child Marriage, Polygamy and FGM and proffers these as examples of why state claims that domestic prosecution of international crimes is impossible.
Ms Luci V Hyett
Birmingham City University
Read the Original
This page is a summary of: Simply Unwilling? Is Patriarchy Preventing the Prosecution of Crimes against Women in African States: A Kenyan and Ugandan Perspective, African Journal of International and Comparative Law, May 2016, Edinburgh University Press,
DOI: 10.3366/ajicl.2016.0149.
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