Conflicts Emerging at the Intersection of International Law and Sovereignty of State: Special Reference to Kenya

Berebere Versity
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Berebere Versity: Department of International Relations, United States International University Africa

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 11, 3410-3427

Abstract: The intersection of international law and state sovereignty presents complex challenges, particularly for African countries. As the global legal framework evolves, tensions arise between the principles of national self-determination and the obligations imposed by international treaties and norms. Many African nations, having gained independence relatively recently, are particularly sensitive to perceived infringements on their sovereignty. This often manifests in resistance to international interventions, even when aimed at addressing human rights violations or conflicts. The International Criminal Court (ICC) has been a flashpoint, with some African leaders accusing it of bias and neo-colonialism. Conversely, international law can serve as a tool for African states to assert their rights and interests on the global stage. It provides a framework for addressing transnational issues like climate change, terrorism, and economic development. Regional bodies like the African Union have also developed their own legal mechanisms, attempting to balance continental solidarity with international obligations. The principle of “responsibility to protect†(R2P) further complicates this dynamic. While aimed at preventing atrocities, its application has been controversial, as seen in Libya in 2011. Critics argue that such interventions can be pretexts for regime change, undermining state sovereignty. Ultimately, African countries must navigate a delicate balance between maintaining their independence and engaging productively with the international legal order. This informed research questions including; i) What are the specific areas of conflict of international law and sovereignty of African states? ii) What challenges and tensions emerge in international forums for Kenya in protecting its sovereignty while adhering to international law? and iii) How do Kenya’s stand in protecting her sovereignty in international law compared to other states? iv) What are the implications in Kenya’s stand in protecting her sovereignty in international law? This study employed a qualitative research approach, utilizing a comprehensive literature review to address the research questions. The article concludes that Kenya faces a delicate balance between honoring international obligations and protecting its sovereignty, especially when international standards conflict with cultural norms or regulatory autonomy. By pursuing legal reform, strengthening institutional capacity, and engaging in cooperative regional and international efforts, Kenya can enhance its compliance with global standards while addressing domestic needs.

Date: 2024
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