Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law.
This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.
TABLE OF CONTENTS
Martin Mennecke, The African Union and Universal Jurisdiction
Manisuli Ssenyonjo, The Implementation of the Proprio Motu Authority of the Prosecutor in Africa
Benson Olugbuo, Operationalizing the Complementarity Principle: The Case for a Differentiated Standard
Ilias Bantekas, Sequencing Peace and Justice in Post-Conflict Africa: The ICC Perspective
Gino Naldi, Konstantinos Magliveras, The International Criminal Court and the African Union: A Problematic Relationship
Paola Gaeta, Patryk I. Labuda, Trying Sitting Heads of State: The African Union versus the ICC in the Al Bashir and Kenyatta Cases
Dire D. Tladi, Presence of the Accused, Right or Duty? The Art of Interpretation in a Tense Political Climate
Charles Chernor Jalloh, The African Union, the Security Council and the International Criminal Court
Manisuli Ssenyonja, State Withdrawals from the Rome Statute of the International Criminal Court: South Africa, Burundi, and The Gambia
Kebreab Isaac Weldesellasie, The Development of Criminal Law and Criminal Justice in Africa from pre-Colonial Rule to Present Day,
Olympia Bekou, National Implementation of the ICC Statute to Prosecute International Crimes in Africa
Charles Chernor Jalloh, The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa
Efthymios Papastavridis, Who Will Prosecute Piracy in Africa?
Pacifique Manirakiza, Complementing the ICC Efforts to Curb the Impunity of International Crimes in Africa: The Role and Contribution of Community-Based Mechanisms
Charles CHERNOR JALLOH, Ilias BANTEKAS (eds.), The International Criminal Court and Africa, Oxford, Oxford University Press, 2017 (432 pp.)
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