The International Criminal Court and Africa

The International Criminal Court and Africa
Author: Charles Chernor Jalloh
Publisher: Oxford University Press
Total Pages: 419
Release: 2017-10-06
Genre: Law
ISBN: 0192538551

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

The International Criminal Court and Africa

The International Criminal Court and Africa
Author: Evelyn A. Ankumah
Publisher:
Total Pages: 0
Release: 2016
Genre: Criminal courts
ISBN: 9781780684178

While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicised.

Africa and the International Criminal Court

Africa and the International Criminal Court
Author: Gerhard Werle
Publisher: Springer
Total Pages: 304
Release: 2014-09-09
Genre: Law
ISBN: 9462650292

The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

International Criminal Court Cases in Africa: Status and Policy Issues

International Criminal Court Cases in Africa: Status and Policy Issues
Author: Alexis Arieff
Publisher: DIANE Publishing
Total Pages: 33
Release: 2010
Genre: International criminal courts
ISBN: 1437932797

This report provides background on current International Criminal Court (ICC) cases and examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes.

The African Criminal Court

The African Criminal Court
Author: Gerhard Werle
Publisher: Springer
Total Pages: 349
Release: 2016-11-29
Genre: Law
ISBN: 9462651507

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

The International Criminal Court and Africa

The International Criminal Court and Africa
Author: Worlanyo Dovoh
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

The International Criminal Court (ICC) is the world's first permanent court that was established in 2002 to try individuals charged with genocide, war crimes, crimes against humanity and crimes of aggression. Over the years, the operations of the ICC in Africa have gained global attention due to the controversies that characterize the relationship between the Court, the African Union (AU) and some African countries. The hostile attitude and criticism against the Court by leadership of the AU and some African leaders have created the perception that the ICC has little or no support in Africa. Using the critical post-colonial perspective, this study explores the diverging opinions of African countries on the operations of the ICC in the continent. It seeks to answer the question how is the ICC perceived in Africa? The study collects data from online media sources that include local and international newspapers, documents, reports and articles to critically analyze the different views African countries have of the ICC. This study finds that African leaders that oppose the Court and fail to cooperate do so due for political reasons. It is perceived that they oppose the Court for fear of possible indictment. However, they are quick to use the Court as a weapon against their political opponents. On the other hand, African leaders and civil society groups that support the Court do so because of the role it plays in protecting victims and punishing perpetrators of serious human rights violations.

The Complementarity Regime of the International Criminal Court

The Complementarity Regime of the International Criminal Court
Author: Ovo Catherine Imoedemhe
Publisher: Springer
Total Pages: 241
Release: 2016-11-26
Genre: Law
ISBN: 3319467808

This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.

Prosecuting International Crimes in Africa

Prosecuting International Crimes in Africa
Author: Chacha Murungu
Publisher: PULP
Total Pages: 376
Release: 2011
Genre: Africa south of Sahara
ISBN: 0986985783

"Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.

An African Criminal Court

An African Criminal Court
Author: Dominique Mystris
Publisher: BRILL
Total Pages: 328
Release: 2020-11-30
Genre: Law
ISBN: 9004444955

In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.