The International Criminal Court and Africa: One Decade On

doi:10.1017/9781780684857

More than ten years ago the International Criminal Court (ICC) was established as a universal court meant to achieve criminal justice worldwide. That goal still stands, but so far the Court has dedicated most of its time and resources to African conflicts in which international crimes have been committed. 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. The authors of this volume all recognise the current problems and criticism. Yet they do not side with populist pessimists who, after just over a decade of ICC experiences, conclude that the Court and international criminal justice are doomed to fail. Rather, the contributors may be regarded as cautious optimists who believe there is a future for international criminal justice, including the ICC. The contributors use their unique specific knowledge, expertise and experiences as the basis for reflections on the current problems and possible paths for improvement, both when it comes to the ICC as such, and its specific relationship with Africa.

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Contents

Frontmatter
pp i-iv
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Foreword
pp v-viii
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Editor's Note
pp ix-x
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Preface
pp xi-xii
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Contents
pp xiii-xxvi
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List of Abbreviations
pp xxvii-xxxiv
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List of Authors
pp xxxv-xxxviii
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Fighting Impunity: African States and the International Criminal Court
pp 1-62
- By Chris Maina Peter, University of Dares Salaam
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The Rome Statute and Universal Human Rights
pp 63-78
- By Sanji Mmasenono Monageng, International Criminal Court (ICC), Alexander Heinze, University of Göttingen School of Law
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Challenging the Culture of Impunity for Sexual and Gender-Based Crimes
pp 79-100
- By Fatou Bensouda, International Criminal Court (ICC)
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Impunity Through Immunity: The Kenya Situation and the International Criminal Court
pp 101-124
- By Leila Nadya Sadat, Washington University School of Law, Benjamin Cohen, Shearman & Sterling LLP
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Defence Perspectives: State Cooperation and ICC Detention: A Decade Past an Arrest Warrant
pp 125-138
- By Xavier-Jean Keïta, Office of the Public Counsel for Defence (OPCD) of the International Criminal Court (ICC).
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Towards a Multi-Layered System of International Criminal Justice
pp 139-162
- By Mia Swart, University of Johannesburg
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Complementarity in Practice and ICC Implementing Legislation: Lessons from Uganda
pp 163-198
- By Elizabeth Ibanda-Nahamya, International Crimes Division of the High Court of Uganda
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Looking Back, Looking Forward: The Implications of the Termination of the Kenyatta Case Before the ICC
pp 199-226
- By George Kegoro, Kenya Human Rights Commission
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Transforming Legal Concepts and Gender Perceptions
pp 227-244
- By Brigid Inder, Women's Initiatives for Gender Justice
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Exploring Efforts to Resolve the Tension Between the AU and the ICC over the Bashir Saga
pp 245-274
- By Max Du Plessis, University of Kwazulu-Natal School of Law
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When We Don't Speak the Same Language: The Challenges of Multilingual Justice at the ICC
pp 275-298
- By Lorraine Smith van-Lin, International Bar Association (IBA) Programme Director on the ICC
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The Role of the African Union in International Criminal Justice: Force for Good or Bad?
pp 299-346
- By Godfrey M. Musila, International Nuremberg Principles Academy
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A Seed for World Peace Growing in Africa: The Kampala Amendments on the Crime of Aggression and the Monsoon of Malabo
pp 347-400
- By Jutta F. Bertram-Nothnagel, International Association of Lawyers (UIA)
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The Rights of Victims of Serious Violations of International Human Rights Law and International Humanitarian Law: A Human Rights Perspective
pp 401-418
- By Cécile Aptel, UN High Commissioner for Human Rights
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Boko Haram's Insurgency in Nigeria: Exploring the Justice, Peace and Reconciliation Pathways
pp 419-432
- By Idayat Hassan, Centre for Democracy and Development, Benson Chinedu Olugbuo, Public Law Department of the University of Cape Town
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Ten Years of International Criminal Court Practice – Trials, Achievements and Tribulations: Is the ICC Today what Africa Expects or Wants?
pp 433-440
- By Akbar Khan, Commonwealth Parliamentary Association
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Universal Jurisdiction, African Perceptions of the International Criminal Court and the New AU Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights
pp 441-460
- By Manuel J. Ventura, Appeals Chamber of the Special Tribunal for Lebanon, Amelia J. Bleeker, High Court of New Zealand
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Punishment as Prevention? The International Criminal Court and the Prevention of International Crimes
pp 461-488
- By Kjell Follingstad Anderson, Netherlands Institute for War, Holocaust, and Genocide Studies (NIOD)
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Complementarity and Africa: Tackling International Crimes at the Domestic Level
pp 489-508
- By Angela Mudukuti, Southern African Litigation Centre (SALC)
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The Legacy of the International Criminal Tribunal for Rwanda
pp 509-524
- By André Klip, University of Maastricht
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Can there be Justice Without Reparations? Identifying Gaps in Gender Justice
pp 525-548
- By Renifa Madenga, Southern and Eastern African Centre for Women's Law (SEARCWL)
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Transitional Justice and the ICC: Lessons from Rwanda
pp 549-592
- By Leo C. Nwoye, Mechanism for International Criminal Tribunals (MICT)
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Looking Forward, Anticipating Challenges: Making Sense of Disjunctures in Meanings of Culpability
pp 593-624
- By Kamari Maxine Clarke, University of Toronto
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The International Criminal Court and Africa

One Decade On

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