Africa and the International Criminal Court (International Criminal Justice Series Book 1)

The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. 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. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts. In November 2013, the South African-German Centre for Transnational Criminal Justice hosted a conference on "Africa and the International Criminal Court", in Cape Town, South Africa. The theme of the Conference was the strained relationship between African states, represented by the African Union (AU), and the International Criminal Court (ICC). This relationship started promisingly but has been in crisis in recent years. This book sheds light on the present frictions between the AU, the ICC and the UN Security Council. Eminent experts in the field of international criminal justice, including judges and prosecutors of the ICC and other African judicial bodies, as well as international criminal law scholars, analyze and debate the achievements and shortcomings of interventions by the ICC in Africa. They propose ways in which international courts and domestic courts within and outside of Africa can cooperate and address fundamental issues of international criminal law, such as the implementation of the Rome Statute, deferrals of cases before the International Criminal Court and the prosecution of crimes by third states on the basis of universal jurisdiction. Researchers and practitioners in the field of international criminal law and related disciplines will benefit from the high-level experiences and proposals brought together in this volume. For students with a focus on criminal law and its international implications it is a source of information and challenges Front Matter....Pages i-xiii Introduction: Africa and the International Criminal Court....Pages 1-10 Front Matter....Pages 11-11 Africa and the International Criminal Court: Then and Now....Pages 13-20 Africa and the International Criminal Court: A Judge’s Perspective....Pages 21-33 International Criminal Justice in Africa: Specific Procedural Aspects of the First Trial Judgment of the International Criminal Court....Pages 35-48 Africa and the International Criminal Court: A Prosecutor’s Perspective....Pages 49-57 Front Matter....Pages 59-59 The Implementation of the Rome Statute in Africa....Pages 61-77 Domestic Prosecution of International Crimes: The Case of Rwanda....Pages 79-116 The Extraordinary African Chambers: The Case of Hissène Habré ....Pages 117-131 The Nigerian ‘Jos Crisis’ from the Perspective of International Criminal Law....Pages 133-153 ‘On Behalf of Africa’: Towards the Regionalization of Universal Jurisdiction?....Pages 155-175 Front Matter....Pages 177-177 Between Political Justice and Judicial Politics: Charting a Way Forward for the African Union and the International Criminal Court....Pages 179-193 Africa, the United Nations Security Council and the International Criminal Court: The Question of Deferrals....Pages 195-209 A Strained Relationship: Reflections on the African Union’s Stand Towards the International Criminal Court from the Kenyan Experience....Pages 211-228 Back Matter....Pages 229-303 "This book sheds light on the present frictions between the AU [African Union], the ICC [International Criminal Court] and the UN [United Nations] Security Council. Eminent experts in the field of international criminal justice, including judges and prosecutors of the ICC and other African judicial bodies, as well as international criminal law scholars, analyze and debate the achievements and shortcomings of interventions by the ICC in Africa. They propose ways in which international courts and domestic courts within and outside of Africa can cooperate and address fundamental issues of international criminal law, such as the implementation of the Rome Statute, deferrals of cases before the International Criminal Court and the prosecution of crimes by third states on the basis of universal jurisdiction"--Back cover "This book sheds light on the present frictions between the AU [African Union], the ICC [International Criminal Court] and the UN Security Council. Eminent experts in the field of international criminal justice, including judges and prosecutors of the ICC and other African judicial bodies, as well as international criminal law scholars, analyze and debate the achievements and shortcomings of interventions by the ICC in Africa. They propose ways in which international courts and domestic courts within and outside of Africa can cooperate and address fundamental issues of international criminal law, such as the implementation of the Rome Statute, deferrals of cases before the International Criminal Court and the prosecution of crimes by third states on the basis of universal jurisdiction" -- Page [4] of cover Part II African Prosecutions of International Crimes6 The Implementation of the Rome Statute in Africa; 6.1 ... Introduction; 6.2 ... Implementation Typologies; 6.2.1 Complete Incorporation; 6.2.2 Non-incorporation or Application of 'Ordinary' Criminal Law; 6.2.3 Modified Incorporation; 6.3 ... A Brief Remark About Incorporation, Transformation and Implementation; 6.4 ... Strategies for Implementation in African States; 6.5 ... South Africa and Mauritius: Acts of Transformation; 6.5.1 South Africa; 6.5.2 Mauritius; 6.6 ... Other African Jurisdictions; 6.6.1 Kenya; 6.6.2 Senegal; 6.6.3 Uganda; 6.7 ... Concluding Remarks 3.1 ... Introduction3.2 ... Admissibility; 3.2.1 Admissibility Issues in the Kenya Situation; 3.2.2 Admissibility Issues in the Libya Situation; 3.2.3 Conclusion; 3.3 ... Immunity of Heads of State and Cooperation; 3.3.1 Immunity in the ICC Regime; 3.3.2 Lack of Cooperation; 3.3.3 Head of State Immunity and Security Council Referrals; 3.3.4 Following up on Security Council Referrals; 3.3.5 Conclusion; References; Cases; 4 International Criminal Justice in Africa: Specific Procedural Aspects of the First Trial Judgment of the International Criminal Court; 4.1 ... Introduction; 4.2 ... The Anti-Slavery Courts Acknowledgments; Contents; Abbreviations; Editors and Contributors; 1 Introduction: Africa and the International Criminal Court; Reference; Part I Prosecutions by the International Criminal Court in Africa; 2 Africa and the International Criminal Court: Then and Now; 2.1 ... Introduction; 2.2 ... Africa's Active Participation in Establishing the International Criminal Court; 2.3 ... Africa and Situations Before the International Criminal Court; 2.4 ... Africa's Support and Criticism of the International Criminal Court; 2.5 ... Conclusion; 3 Africa and the International Criminal Court: A Judge's Perspective 4.3 ... The Child Soldiers4.4 ... The Lubanga Case; 4.4.1 Overview; 4.4.2 Disclosure; 4.4.3 First Stay of Proceedings; 4.4.4 Second Stay of Proceedings; 4.5 ... Conclusion; References; Cases; Other Documents; 5 Africa and the International Criminal Court: A Prosecutor's Perspective; 5.1 ... Involvement of African States in the Rome Statute System; 5.2 ... The Perception of 'African Bias'; 5.3 ... The Work of the Prosecutor of the International Criminal Court in Africa; 5.4 ... The International Criminal Court as an Obstruction to African Peace Processes?; 5.5 ... Conclusion 7.4.2 Goals Assigned to Gacaca and the Assessment of Its Achievements