2 Introduction
This essay will discuss the successes and challenges faced by the International Criminal Court (ICC) in prosecuting human rights violations cases in Africa. The ICC has been recently put under the spotlight by the African Union when it called for non-cooperation by its member states not to comply with the warrant of arrests that had been issued by the ICC against some of the leaders in Africa. This has created difficulties when it comes to prosecution of international crimes. The Court is also facing allegations of being Anti African. This mini dissertation will further look at some of the major cases that have been prosecuted in the ICC against African leaders. Furthermore, this mini dissertation will examine the obligations of states to cooperate with the ICC and the issue of state immunity from prosecution. The African Union has accused the ICC of targeting African leaders and for being inconsistent with how the ICC deals with alleged human rights violations.
2.1 Problem Statement
The non-cooperation and non-compliance of African state parties to arrest and hand over accused individuals to the ICC.
2.2 Aims/ objectives of the study
This mini dissertation aims to assess the effectiveness of the ICC in prosecuting African leaders who have alleged to have committed international crimes. It also aims to analyse the emerging role played by the International Criminal Court in Africa when it comes to prosecuting crimes in the continent. This mini dissertation will examine the successes and challenges that have been encountered by the ICC in prosecuting crimes since 2002. It will also assess the jurisdictional powers of the ICC in successfully prosecuting these crimes, analysing immunity of state officials in ...
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...al Court that Africa wants http://www.issafrica.org/uploads/mono172.pdf [date of use 20 May 2014]
Du Plessis, Maluwa and O’Reilly 2013 International Court
Du Plessis M, Maluwa T, and O’Reilly A Africa and the International Criminal Court http://www.chathamhouse.org/publications/papers/view/193415 [date of use 10 May 2014]
Mbaku Date Anon http://www.brookings.edu.
Mbaku JM date unknown “International Justice: The International Criminal Court and Africa” http://www.brookings.edu/~/media/research/files/reports/2014/foresight%20africa%202014/03%20foresight%20international%20criminal%20court%20africa%20m baku.pdf [date of use 13 May 2014]
Anon 2008 http://www.news24.com.
AFP “ICC targeting poor, says Kagame” News24 Archives (31 July 2008
available online http://www.news24.com/Africa/News/ICC-targeting-poor-says-Kagame-20080731 [date of use 7 May 2014]
Mallinder, Louise. "Can Amnesties and International Justice Be Reconciled?" The International Journal of Transitional Justice 1.2 (2007): 208-30.
Orogun, P. (2004). "Blood diamonds" and Africa's armed conflicts in the post—cold war era. World Affairs, 166(3), 151-161. doi:10.3200/WAFS.166.3.151-161
Walsh, Brian. "Resolving the Human Rights Violations of a Previous Regime." World Affairs 158 (Winter 1996): 111-121.
Mamdani, Mahmoud. (2002). African states, citizenship and war: a case study. International Affairs, 78, 3, 493-506.
The Nigerian criminal justice system is an offshoot of the constitution and therefore derives its backing and legal foundation from the statute. This is mostly contained in the sections providing for the powers and jurisdiction of various courts and also sections providing for human rights particularly the provisions relati...
Through the analysis of fairness in international criminal procedure, the author gives an insightful account of the right to a fair trial and of its corollaries. This analysis is conducted looking at the law and practice of five international criminal tribunals, i.e. the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Special Tribunal for Lebanon. The author describes ‘fairness’ as a general category that includes a plurality of rights for the accused, and she indicates the relevant practice of international criminal tribunals in applying these rights. The overarching argument of the book is that fairness is a necessary element of international criminal trials and a paramount goal of international criminal justice. It must be guaranteed at the highest level, and a ‘just fair enough’ (p. 125) justice is not sufficient. In this regard, two main points are considered: (i) what ‘fairness’ in international criminal justice means and what its features are; and (ii) what standards of fairness are necessary for international criminal
Recommendation: Our recommendation is for United Nations Security Council to assist the government of the Democratic Republic of the Congo in aggressively pursuing the arrest of those accused of committing the current human rights violations, as well as those individuals who have committed such violations during the war years. The Democratic Republic of the Congo must be willing to accept the assistance of the United Nations Security Council as well as the International Criminal Court to assist them in prosecuting those who committed human rights violations. In order to accomplish this we recommend the following:
The International Criminal Court was formally established 1 July 2002. “The statue which exercises jurisdiction over four crimes – genocide, crimes against humanity, war crimes, and crimes of aggression (applicable only after a further provision defining aggression and conditions of jurisdiction is adopted).” (Toon, 2004: 1). The ICC is considered to be a court that is a last resort. It was implemented for heinous crimes that are committed to be used when states (countries such as Southeast Asia) are not willing or not able to provide justice for such crimes to the victims. To date, Southeast Asia has only two of their eleven states that have implemented the ICC which are Cambodia and Timor – Leste. Third world countries have a hard time with prioritizing their affairs. With economic hardships, terrorism, and socio-political taking the precedence over justice for individuals that are victims of the above crimes. There are many questions that have been established in regards to why countries, South East Asia in particular have not become part of the ICC. The author, Valeriane Toon, presents to her readers some questions as to why Southeast Asia has not accepted the International Criminal Court. “Is it the fear of setting a precedent by consenting to the subjugation of territorial integrity on ethical grounds, which could culminate in a spontaneous compromise of state sovereignty once this, is ensconced into customary law, as articulated by numerous major powers? Or is it simply a rejection of terms propounded by the Statue” (Toon, 2004: 1)? The other main question that cannot be overlooked is how much influence does the United States may have over the governments of Southeast Asia” (Toon, 2004: 1)? Though Toon provides o...
Williams, Robert E. "From Malabo to Malibu: Addressing Corruption and Human Rights Abuse in an African Petrostate." Human Rights Quarterly 33.3 (2011): 620,648,925. ProQuest. Web. 10 Oct. 2013.
Wa Muiu, Mueni. "Civilization" On Trial: The Colonial And Postcolonial State In Africa." Journal Of Third World Studies 25.1 (2008): 73-93. Sociological Collection. Web. 10 May 2014.
...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
If there is one thing that affects all African regardless of class, it is the nature of safety within the continent. Has crime continue to grow as a method of income we find that it is a way in which Africa is also further pushed into turmoil. Most African nations suffer from constant armed robberies. Everyday citizens are provoked by groups of young men and women wielding guns and threaten lives in whatever it is they want to take (Rwomoire, 2001). There is no safety within one's home there is no safety outside of it. Of course the issue is not one-sided, seeing as a criminal is only as strong as the system which prosecutes them. And too often African legislative and judicial program failed to do so. Perhaps it is because they themselves to
Africans should not blame Mr. Tony Blair, Prime Minister of Britain, The World Bank, George W. Bush, the president of the United States of America, any western developed country or the United Nations for attempting to redress through the Commission for Africa report, and decades of imbalances and injustices visited on Africans by both African rulers and their western collaborators. It is this callous and wicked conspiracy that has brought the beautiful and virgin continent on her knees, largely impoverishing its people and turned them into beggars, crying babies and laughing stocks of the global community.
Article 7 (g) of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union
Tanzi, Attila., Problems of Enforcement of Decisions of the International Court of Justice and the Law of the United Nations, EJIL, 6, (1995) 539-572.