ABSTRACT
This chapter compares International Criminal Court (ICC) involvement in the two peace processes to better understand how, when and why ICC involvement in situations of ongoing conflict affects peace processes. It proposes the impact of ICC involvement on peace processes, which should nevertheless be understood as non-deterministic and subject to contextual factors. The chapter argues that ICC involvement shapes the sticking point, delegates politico-legal and discursive authority to the international level and decontests justice. ICC involvement was already at a high level when the Pre-Negotiation phase began in the Ugandan process, while the entire first two phases of the Kenyan peace process took place in conditions of low ICC involvement. The comparison between the Juba Peace Talks and the Kenya Dialogue demonstrates that peace processes that take place in the context of active ICC involvement cannot be empirically separated from the justice processes in their midst because these two processes interact.
