The International Criminal Court and Africa
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Product details:
- Publisher OUP Oxford
- Date of Publication 12 October 2017
- ISBN 9780198810568
- Binding Hardback
- No. of pages428 pages
- Size 243x171x30 mm
- Weight 791 g
- Language English 0
Categories
Short description:
This book considers the legal and political dimensions of the relationship between the International Criminal Court and Africa, looking at the role of the European Union, African Union, and African diplomacy on the issue of sovereignty and impunity for international crimes.
MoreLong description:
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.
Table of Contents:
The African Union and Universal Jurisdiction
The Implementation of the Proprio Motu Authority of the Prosecutor in Africa
Operationalizing the Complementarity Principle: The Case for a Differentiated Standard
Sequencing Peace and Justice in Post-Conflict Africa: The ICC Perspective
The International Criminal Court and the African Union: A Problematic Relationship
Trying Sitting Heads of State: The African Union versus the ICC in the Al Bashir and Kenyatta Cases
Presence of the Accused, Right or Duty? The Art of Interpretation in a Tense Political Climate
The African Union, the Security Council and the International Criminal Court
State Withdrawals from the Rome Statute of the International Criminal Court: South Africa, Burundi, and The Gambia
The Development of Criminal Law and Criminal Justice in Africa from pre-Colonial Rule to Present Day
National Implementation of the ICC Statute to Prosecute International Crimes in Africa
The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa
Who Will Prosecute Piracy in Africa?
Complementing the ICC Efforts to Curb the Impunity of International Crimes in Africa: The Role and Contribution of Community-Based Mechanisms
Conclusion
