THE HANSLOPE FILES: TO WHAT EXTENT IS THE BRITISH GOVERNMENT LIABLE UNDER INTERNATIONAL LAW FOR THE CRIME OF GENOCIDE COMMITTED DURING THE COLONIAL PERIOD IN KENYA?

Abstract

The colonial rule that took place around the world after the notable Berlin Conference of 1884 (commonly known as the Scramble for Africa)47 can be held to be part of our zeitgeist.
This is considering the subsequent atrocities that arose during the colonial period that have played a consistently crucial role in the international world order, as it exists today, especially after the decolonisation of states. That is why this dissertation will attempt to answer the extent to which the British Government may be liable for the crime of genocide committed during the colonial period in Kenya, under international law, considering the revelation of the Hanslope Files?
In order to assess this question, this dissertation will critically discuss the concept of state responsibility, i.e. the role of the British government, for the crime of genocide. Although the foundation of international criminal law is individual criminal responsibility upheld by universal jurisdiction as well as the manifestation of the International Criminal Court (ICC) formed by the Rome Statute 2001, 48 this paper however, will not consider the criminal responsibility of individuals but whether the British government, a state, can be held responsible. At the same time, this paper will assess whether the crime of genocide took place during the colonial period in Kenya, a period stemming from the state of emergency that was declared in 1952 during the insurgency of the Mau Mau Rebellion leading up to the end of the emergency in 1960. Furthermore, this paper will consider the impact of the revelation of the Hanslope Files, incriminating documents that the British government remained with, after decolonisation, in order to avoid their disclosure.4