In Support of Clarke

 After reading the 6 positions on the ICC from the readings, M. Kamari Clarke’s stance regarding the fact that justice is necessary within the ICC and not just a strict adherence to law was the most persuasive opinion because she points out the fact that violence doesn’t occur in a vacuum, and there are usually systemic influences that are the true causes of such issues. The problem that Clarke dictates about the ICC is that “...we have oversold judicial solutions to address these structural problems.” She articulates how supporters of the ICC see it as an institution that could solve all of the world’s problems through judicial actions, but there are actions that the ICC simply can’t accomplish. When considering Kenya, Clarke emphasizes that there are deeply ingrained systems of oppression, violence, and inequality that have revealed themselves in Kenya’s political system. Since these systems have existed within Kenya for years and have solidified themselves as ingrained in the country's culture and behavior, it will take much more than just judicial action to fix this problem. These facts are what gives persuasion and credence to Clarke’s argument, because actions can’t exist in a vacuum and there are always going to be deeper structural, political, economic, and cultural issues than what’s on the surface. Furthermore, Clarke provides sufficient evidence of the structural issues apparent in Kenya that complicated life for Kenyans. Clarke writes “When the British Empire established an East Africa Protectorate in 1895 and then a Kenyan colony in 1920, it created a host of structural inequalities that continue to wreak havoc today.” Citing an instance as old as the takeover by the British Empire and the establishment of the East Africa Protectorate exemplifies how extensive the issues within Kenyan have existed. But referencing specific situations in Kenya’s history lends itself to strengthening Clarke’s argument. Upon the issue of the dismissal of the conviction against a Kenyan commander, Clarke explains how this outcome isn’t surprising when considering the structural issues and how Africa doesn’t have strong enough institutions to combat this issue and correct it. Clarke surmises that “Africa needs institutions that function in tandem and that can work productively to constrain arbitrary abuses of power.” This would require fixing the inherent problems apparent in Kenya. Providing a solution to the issue she brought up is another way that Clarke persuades her readers to agree with her personal argument. Since her argument makes sense, she provides evidence supporting her argument, and then provides a possible solution to the issue validates and strengthens her argument. Overall, Clarke’s writing is persuasive because she clearly states her argument, states that it’s more a structural reason as to why the ICC failed against the Kenyan commander, provides specific and pertinent evidence to support her claim, and then ends her writing with a solution that would overcome the structural issues she initially pointed out. 

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