Editorial - International Criminal Justice, Peace and Reconciliation in Africa

Editorial - International Criminal Justice, Peace and Reconciliation in Africa
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While some have portrayed the court as the epitome of many of the things that are wrong with the international justice system others see it as a key instrument in the punishment and prevention of gross human rights violations in Africa and the insurance of justice for its victims. [...] Present were a representative of the Office of the Prosecutor of the ICC, a judge representing the President of the African Court on Human and Peoples Rights, the Prosecutor of the International Criminal Tribunal for Rwanda, the President of the East African Court of Justice, the Deputy Prosecutor of the African Extraordinary Chambers for the trial of Hissène Habré and a representative of the spec. [...] How is the ICC perceived by African states that are signatories to the Rome Statute as opposed to the African Union, which represents all states on the continent? What is the extent of the homogeneity or heterogeneity of such perceptions, and how can we explain such perceptions and their changing dynamics over time? How can the challenge of coherence between the ICC and African justice, human righ. [...] To what extent are the actions of the ICC in Africa the result of its manipulation by powerful countries, and a reflection of global inequalities, which have historically resulted in the instrumentalization of many other international institutions like the WTO, World Bank and IMF by powerful actors? The significance of the politics and of history is invoked by Odinkalu who broaches the question of. [...] In a sense the process of clarifying this difference between international criminal justice, and its current incarnation in the form of the ICC, and 'political processes' is part of the much needed task of properly locating international criminal justice and the ICC in a broader social scientific discourse that goes beyond the severely restricted legalistic garb in which they 5Onoma: Editorial are.

National Accountability for International Crimes in Africa

National Accountability for International Crimes in Africa
Author: Emma Charlene Lubaale
Publisher: Springer Nature
Total Pages: 652
Release: 2022-02-07
Genre: Political Science
ISBN: 3030880443

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This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

An African Criminal Court

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

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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.

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

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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.

Affective Justice

Affective Justice
Author: Kamari Maxine Clarke
Publisher: Duke University Press
Total Pages: 212
Release: 2019-11-15
Genre: History
ISBN: 1478007389

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Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

International Criminal Justice, Peace and Reconciliation in Africa

International Criminal Justice, Peace and Reconciliation in Africa
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Following the entry into force of the Charter in 1986, the establishment of the African Commission in 1987, and the collapse of the Berlin Wall in 1989, the OAU in 1990 adopted the Cairo Declaration on the Political and Socio-economic Situation in Africa and the Fundamental Changes Taking Place in the World in which member States, among other things, committed themselves respectively, as a politic. [...] 2, 2015 the OAU will help sponsor a draft resolution in the UN Security Council for the imposition of severe sanctions on them, including the possibility of the setting up of a war crime tribunal to try the leadership of the Liberian warring factions on the gross violations of human rights of Liberians.50 In a follow up to this decision, the ECOWAS Council of Ministers51 and later the Summit of He. [...] Under the Code of Conduct instituted by the ECOWAS Heads, "where a member or members of the Council are adjudged to be in breach of the provisions of the code of Conduct for members of the Liberian National Transitional Government (LNTG), and in particular, any act which impedes the implementation of the Abuja Agreement, appropriate steps shall be taken by the Chairman of ECOWAS", including the "e. [...] The present writer testifies that long before that date, at the prompting of the Secretary of the Commission of an impending mission by the OAU, at the highest level, he wrote to the Secretary-General of the OAU about the Commission's eagerness to be part of the mission. [...] In particular, the Protocol for the Prevention and the Punishment of the Crime of Genocide, War Crimes and Crimes against Humanity and All Forms of Discrimination70 to the Pact on Security, Stability and Development in the Great Lakes Region,71 the provisions of the chapter on genocide, war crimes and crimes against humanity apply irrespective of the official status of the suspect.72 However, the.

The International Criminal Court and Peace Processes

The International Criminal Court and Peace Processes
Author: Linus Nnabuike Malu
Publisher: Springer
Total Pages: 265
Release: 2019-05-31
Genre: Social Science
ISBN: 3030199053

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This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Cȏte d’Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Cȏte d’Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims’ rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.

Africa and the ICC

Africa and the ICC
Author: Kamari M. Clarke
Publisher: Cambridge University Press
Total Pages: 469
Release: 2016-10-27
Genre: Law
ISBN: 1107147654

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By investigating how the International Criminal Court (ICC) is portrayed in Africa, this book highlights how perceptions of justice are multilayered.

Courting Conflict?

Courting Conflict?
Author: Nicholas Waddell
Publisher: Young Writers
Total Pages: 80
Release: 2008
Genre: International crimes
ISBN: 9780955862205

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The International Criminal Court's operations in Africa have encountered significant difficulties. While the work of the Court has taken concrete shape, so have its challenges. The title of this collection, Courting Conflict?, alludes to the inherent problems of pursuing justice in the midst of violence. It also points to the tremendous controversy generated by the ICC's work to date, not least the charge leveled at the Court that its actions risk prolonging conflict by jeopardizing peace deals. This collection investigates the politics of the ICC's interventions in Africa. Rather than exploring the progress of the ICC per se, the essays address Africa's encounters with the Court and the Court's encounters with Africa. The authors avoid treating African countries simply as a geographical arena for a new international justice body. They also resist discussing the ICC in legal terms only. Instead, the essays situate debates about the Court in specific social, cultural and political contexts where contending local, national and international pressures apply. The contributors address the ICC's relationships with the governments, non-state groups, national judiciaries and local populations of the countries where it is active. Coverage of the ICC has often belied the complexity of these relationships and has either romanticized or demonized the Court's interventions. These essays take the form of short comment pieces, written to stir and broaden debate on the ICC but also to help move it beyond the sensational and oversimplified.