Exploration of Accusations of Selective Justice Regarding the ICC Made by the African Union

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Introduction

This paper explores accusations of selective justice regarding the ICC, made by the African Union. It argues that the ICC can effectively contribute to peace and peacebuilding, so long as it involves a comprehensive approach to international justice that extends beyond criminal trials. The argument is reinforced through utilization of African case studies where the ICC has not been entirely effective. Furthermore a solution focusing on progressive initiatives of restorative international justice is outlined. The African case studies demonstrate a Western centric bias of the ICC; however, the progressive initiatives show a willingness to go forward with international justice and a shift toward a new consciousness. It is imperative that the world recognize the potential for the ICC and exercise patient while its identity and role is established. Key leaders must recognize that the ICC is still in its infancy, having been formed in 2002 (ICC, 2011).

This is not to argue that the ICC is an inherently ineffective or problematic institution, rather, more analysis and collective participation is required to explore the ICC’s potential and focus. Doing so will push the discussion in a more productive direction. This discussion will illuminate that justice ought to extend beyond reactionary retribution and that the dynamic between criminal prosecution and peace is largely under-researched (Clark, 2011).

The International Criminal Court (ICC) is an established court of law meant prosecute individuals accused of significant crimes, where national courts are unable or unwilling to (ICC, 2011). The ICC asserts itself as a court of last resort meant to supplement and strengthen national judiciaries. Being an international orga...

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...ghts. Law and Contemporary Problems, 59(2), 127-152.

Ocampo, L.M. (2006) Integrating the work of the ICC into local justice initiatives. American

University International Law Review, 21(1), 497-503.

Rodman, K. (2012). Ethics and international affairs. Ethics & International Affairs, 21(1), 59-71.

Scharf, M.P. (1997). The amnesty exception to the jurisdiction of the international criminal

court. Cornell International Law Journal, 32(1), 507-527.

United Nations Human Rights. (1987). Convention against torture and other cruel, inhuman or

degrading treatment or punishment. Retrieved From:

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx

Victims' Rights Working Group (2010). Impact of the ICC on victims and affected communities:

a report of the victims’ rights working group. Retrieved From:

http://www.redress.org/Stocktakingreport2010.pdf

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