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Effectiveness of the ICC against international criminals
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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]
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The "DBQ Project" What Is the Driving Force Behind European Imperialism in Africa? (2012): 257. pp. 177-177. Print.
Since Burundi’s independence in 1962, there have been two instances of genocide: the 1972 mass killings of Hutus by the Tutsi-dominated government, and the 1993 mass killings of the Tutsis by the Hutu populace. Both of these events in Burundi received different levels of attention by the international community and the western media due to a lack of foreign governmental interest, political distraction, and an unwillingness to acknowledge the severity of these atrocities in Burundi. Interestingly, events of genocide occurring at times without these distractions received more foreign attention than those ignored due to these factors. Because of this, much of the western world is unaware of the Burundian genocide and events similar to it.
VonHofer, H. and R. Marvin. Imprisonment Today and Tomorrow: International perspectives. The Hague, The Neatherlands: Kluwer Law International, 2001. Print.
...an, Payam. "Are International Criminal Tribunals a Disincentive to Peace?: Reconciling Judicial Romanticism with Political Realism." Human Rights Quarterly 31 (2009): 624-54.
Greenfield, Daniel M. "Crime of Complicity in Genocide: How the International Criminal Tribunals for Rwanda and Yugoslavia Got It Wrong, and Why It Matters." The Journal of Criminal Law and Criminology 98.3 (2008): 921-24. HeinOnline. Web. 18 Apr. 2011.
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
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset the pressure rather than augment it.”5 So, is it time to abandon human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties “remain an indispensable tool for the promotion of human rights.”6 Instead of getting rid of the treaty system, it is necessary to enhance the monitoring and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the extent to which international law serves as a useful tool for protection of human rights.
...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).
Wemmers (1996) highlights that an effective criminal justice system also protects human rights. Victims are gradually being seen as the notable possessors of such rights that lead to reviews in our domestic system and also by international bodies. The protection of said rights, such as in South Africa where less express definitions between ‘victim’ and ‘human’ rights are being made by policy m...
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.
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.
Powell, Emilia and Mitchell, Sara M., ‘The International Court of Justice and the World’s Three
Nigeria was first colonized by the British in the late nineteenth century who, set up an administrative structure and law while still recognizing the traditional morals. By 1960, Nigeria became an independent country and officially became known as the Federal Republic of Nigeria. Nigeria is located in West Africa and consists of 36 states with over 500 different ethnic groups. The country recognizes itself as a federal constitutional republic and has an open to the public type government. Since it was originally established by Britain, the Nigerian legal system is very traceable to them and originated its laws from common law. This paper will examine the culture of Nigeria, the fundamentals of its’ legal system and how laws are passed, legal actors that are part of the Nigerian criminal justice system, and will compare Nigeria to America.
The majority of the continent of Africa has not been as economically progressive as the other continents in today’s world. However, over the past few years, it has been rapidly growing. Although there have been multiple countries in Africa that have reflected a strong growing economy, such as South Africa and Botswana, there are many other countries that are still corrupt and are still struggling to grow as a nation. There are many challenges that are facing Africa currently. Some of these major challenges being, corrupt governments, vicious cycles of aid, and poverty traps. However, among these challenges, there still lies to be great opportunities for Africa within their technology and business sectors.