The subject matter of this legal opinion relates to the immunities of sitting heads of state before the international criminal court icc. Since its establishment in 2002, the office of the prosecutor otp of the international criminal court icc has investigated eight situations. This paper considers the implications of the recently created international criminal court for african states. The international criminal court icc is a permanent international tribunal created for the prosecution of crimes against humanity, genocide, and war crimes. South africas international criminal court act countering genocide, war crimes and crimes against humanity written by max du plessis iss paper 172 november 2008 the passing of the icc act was momentous. Champions of the court say it deters wouldbe war criminals, bolsters the rule of law, and offers justice to victims of atrocities.
Cases concerning 25 individuals are open before the court, pertaining to crimes allegedly committed in. This article critiques attempts by some in africa to brand the international criminal court icc as a neocolonial institution and stooge of the west. The african union and the international criminal court. Meanwhile, the united states, initially one of the iccs most fervent opponent, appears to be softening its position on the court. The icc has focused its initial efforts on africa, but some on the continent are questioning the court s ability to provide justice. More political than legal africas relationship with the international criminal court rowland j v cole in july 2002, the rome statute of the international criminal court came into force, giving birth to the international criminal court icc or the court. Since its establishment in 2002, the office of the prosecutor otp of the international criminal court icc has investigated eight situations involving alleged. The international criminal court icc suffered two notable setbacks in africa in 2010. Africa debate is the icc targeting africa inappropriately. Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. The creation of a permanent international criminal court andreas zimmermann1 crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced.
Paul nantulya, african nation building and reconstruction. Sometime last year, three african countriesburundi, the gambia and south africasignalled their intention to leave the international criminal court icc. A case of imperialism by another name ugumanim bassey obo, dickson ekpe department of political science university of calabar calabar nigeria abstract the international criminal court is one of the institutional mechanisms. Pdf the international criminal court in africa betu becas. Senate, for example, cannot accept the statutes definition of genocide unless it is prepared to reverse the position it took in february 1986 in ap9. Charting a way forward for the african union and the international criminal court.
Libya, kenya, uganda, democratic republic of congo, sudan and central african republic. International criminal justice in africa contains a collection of papers by members of the konrad adenauer stiftungs african group of experts on international criminal justice. The international criminal court and africa john mukum mbaku, nonresident senior fellow, africa growth initiative. This article was written with the support of the british academy, which supported field research at the african union in addis. Division icd of the high court in uganda, poses interesting questions for the current international crime regime.
It discusses the function of international criminal law, examines the causes of the tensions between the international criminal court icc and the african union au and calls for understanding. According to the rome statute, it is the duty of every state to exercise its criminal jurisdiction over those responsible for international crimes. South africa issued a notice to formally revoke its withdrawal from the international criminal court on tuesday. Arusha will soon host one of the african regional chapters of the international criminal court. Icc02050109 453 6 july 2017 pretrial chamber ii chamber of the international criminal court court, acting under article 877 of the rome statute statute, issues this decision concerning the noncompliance by the republic of south africa south africa with. Impartiality, politics, complementarity and brexit bartram s. The international criminal court and africa edited by. Top priorities for the continent in 2014 tion of domestic and international factors that lie behind the court s current exclusive focus on african cases. African revolt threatens international criminal courts. Because the security council to date has chosen not to accede to the aus request for a deferral of the sudan investigation, a fourth complaint has.
The role of the international criminal court in promoting. Africa question is the international criminal court icc targeting africa inappropriately. Africa and the international criminal court gerhard werle. International criminal court and africa oxford scholarship. The claim that the international criminal court unfairly targets africans is gaining significant traction after the gambia became the third country on the continent to announce its withdrawal from. This policy paper is a comparative analysis of the work of the international criminal court in kenya, uganda, sudan, and the central african republic, and the policy implications for its work for norway, states parties, civil society, and key states. Kenya, africa and the international criminal court in relation to the recent decision of the kenyan parliament recommending the government withdraw from the rome statute, it is important to note the following possible consequences of such an act according to the rome statute provisions. The african union and the international criminal court 59 5sc res 1593 2005. 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. Top priorities for the continent in 2014 tion of domestic and international factors that lie behind the courts current exclusive focus on african cases. The rome statute is the treaty that established the international criminal court, an international court that has jurisdiction over certain international crimes, including genocide.
The 20082009 gaza issue the obligation to arrest in the darfur context. African countries to quit the international criminal court. Lessons from rwanda, african center for the constructive resolution of disputes, conflict trends, january 2006. The theme of the conference was the strained relationship between african states, represented by the african union au, and the international criminal court icc. Protecting against genocide, crimes against humanity and war crimes, the court acts when national. The international criminal court has sparked controversy with its case selection and pursuit of justice in uganda and sudan. Some pundits think the move by some african leaders to quit the icc is to secure freedom of crimes against humanity, as the icc is hardly an institution that looks antiafrican. Africa and the international criminal court springerlink.
The crime prevention potential of the international criminal court depends upon its credibility and the support it receives from governments and especially those of. The icc has been accused of bullying africa by au commission chairperson, jean ping. Secretarygeneral says establishment of international criminal court is major step in march. Whats next for africa and the international criminal court. More than twothirds of the members of the african union au are parties to the treaty establishing the international criminal court icc rome statute. Cole, africas relationship with the international criminal court. The risks and weaknesses of the international criminal court. The credibility of the court has been called into question, due to the seemingly overwhelming focus on africa. All situations and cases under investigation or prosecution by the icc are in africa.
These arguments accuse the icc of playing a double standard, being overly focused on trying african. Contemporary issues facing the international criminal court. The auicc rift has prompted the au to push ahead with plans to form an africawide criminal court, which is envisaged to comprise three sections. Debates on africa and international criminal justice are increasingly politicised. The members of the group, mostly academics and legal practitioners. Structure and working of international criminal court. Africa and the international criminal court chatham house. The creation of a permanent international criminal court. The african union, the international criminal court, and.
Africa and the international criminal court by max du plessis max du plessis 1 is an associate professor at howard college school of law, university of kwazulunatal, durban. The international criminal court for more than half a century since the nuremberg and tokyo trials, states have largely failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. This is a period of intense scrutiny of the icc, on the 20th anniversary of the rome statute. 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.
In november 20, the south africangerman centre for transnational criminal justice hosted a conference on africa and the international criminal court, in cape town, south africa. Managing setbacks for the international criminal court in. Contemporary issues facing the international criminal court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the office of the prosecutor of the international criminal court. The international criminal court that africa wants council to defer the iccs investigation into albashir by invoking article 16 of the rome statute. Mar 08, 2017 south africa issued a notice to formally revoke its withdrawal from the international criminal court on tuesday.
Resolution iccasp17res international criminal court. This article was written with the support of the british academy, which supported field research at the african union in addis ababa and the international criminal court at the hague. The international criminal court and accountability in africa. Pretrial chamber ii chamber of the international criminal court court, acting under article 877 of the rome statute statute, issues this decision concerning the noncompliance by the republic of south africa south africa with the request by the court for the arrest and surrender of omar hassan ahmad. Boundary disputes are the most common type of dispute between african states submitted to the court although these are not the only contentious cases submitted and not the preserve of africa.
With the creation of the international criminal court icc, the world has begun to. The international criminal court is not a substitute for national courts. The states parties to the rome statute of the international criminal court are those sovereign states that have ratified, or have otherwise become party to, the rome statute of the international criminal court. The brookings institution fi africa growth initiative 9 international justice. The court has never concluded a single case since its inception. Status and policy issues congressional research service summary the international criminal court icc has, to date, opened cases exclusively in africa. A case of imperialism by another name ugumanim bassey obo, dickson ekpe department of political science university of calabar calabar nigeria abstract the international criminal court is one of the institutional mechanisms created to sustain the international legal system. Africa with the adoption of the implementation of the statute of the international criminal court act, no.
But the continents early embrace of international criminal justice seems to be taking a new turn with the recent pushback from some african states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as. States parties to the rome statute of the international. Africa and the international criminal court all six situations currently before the icc involve african nations. The international court of justice and africa chatham house. Mending fences asfs project promoting the rome statute system and enhancing the effectiveness of the icc is supported by the macarthur foundation and the european commission. Both the kwoyelo trial and the current icc kenya cases beg the question.
The authors of this volume all recognise the current problems and criticism. The international criminal court can only intervene where a state is unable or unwilling. This observation has subjected the court to accusations that it is biased against africa. In particular the essay attempts to explain that there are far. If the inline pdf is not rendering correctly, you can download the pdf file here. The african union, the international criminal court, and the. South africa is alsopeacea proud member of the african union that was established in 2001 with its. The international criminal court has ushered in a new era in the protection of human rights. Reflections on the african unions stand against the international criminal. Nevertheless over the years the assembly of the au has adopted various resolutions critical of the icc and its practice. The international criminal court, established in 2002, seeks to hold to account those guilty of the some of the worlds worst crimes. Republic of south africa has found that its obligations with respect to the peaceful resolution of conflicts at times are incompatible with the interpretation given by the international criminal court of obligations contained in the rome statute of the international criminal court. Among other african delegations, south africa, senegal, lesotho, malawi, and tanzania participated in discussions regarding the creation of an international.
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