The International Criminal Court and Africa

One Decade on

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Author: Evelyn A. Ankumah

Publisher: N.A

ISBN: 9781780684178

Category: Criminal courts

Page: 676

View: 7030

More than ten years ago the International Criminal Court (ICC) was established as a universal court meant to achieve criminal justice worldwide. That goal still stands, but so far the Court has dedicated most of its time and resources to African conflicts in which international crimes (may) have been committed. While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicized. The authors of this volume recognize the current problems and criticism. Yet they do not side with populist pessimists who, after just over a decade of ICC experiences, conclude that the Court and international criminal justice are doomed to fail. Rather, the contributors believe there is a future for international criminal justice, including the ICC. The contributors use their unique specific knowledge, expertise, and experiences as the basis for reflections on the current problems and possible paths for improvement, both when it comes to the ICC as such, and its specific relationship with Africa. [Subject: Criminal Law, African Law, International Law]

The Palgrave Handbook of Peacebuilding in Africa

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Author: Tony Karbo,Kudrat Virk

Publisher: Springer

ISBN: 3319622021

Category: Political Science

Page: 498

View: 9494

This handbook offers a critical assessment of the African agenda for conflict prevention, peacemaking, peacekeeping, and peacebuilding; the challenges and opportunities facing Africa’s regional organisations in their efforts towards building sustainable peace on the continent; and the role of external actors, including the United Nations, Britain, France, and South Asian troop-contributing countries. In so doing, it revisits the late Ali Mazrui’s concept of Pax Africana, calling on Africans to take responsibility for peace and security on their own continent. The creation of the African Union, in 2002, was an important step towards realising this ambition, and has led to the development of a new continental architecture for more robust conflict management. But, as the volume’s authors show, the quest for Pax Africana faces challenges. Combining thematic analyses and case studies, this book will be of interest to both scholars and policymakers working on peace, security, and governance issues in Africa.

International Criminal Law in Context

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Author: Philipp Kastner

Publisher: Routledge

ISBN: 1317198999

Category: Law

Page: 346

View: 6534

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

The African Court of Justice and Human and Peoples' Rights in Context

Development and Challenges

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Author: Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle

Publisher: Cambridge University Press

ISBN: 110842273X

Category: History

Page: 300

View: 9357

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Seeking Accountability for the Unlawful Use of Force

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Author: Leila Nadya Sadat

Publisher: Cambridge University Press

ISBN: 1316953475

Category: Law

Page: N.A

View: 7114

Despite the conclusion of the International Military Tribunal at Nuremberg that aggression is the 'supreme international crime', armed conflict remains a frequent and ubiquitous feature of international life, leaving millions of victims in its wake. This collection of original chapters by leading and emerging scholars from all around the world evaluates historic and current examples of the use of force and the context of crimes of aggression. As we approach the 75th anniversary of the Nuremberg War Crimes Tribunal, Seeking Accountability for the Unlawful Use of Force examines the many systems and accountability frameworks which have developed since the Second World War. By suggesting new avenues for enhancing accountability structures already in place as well as proposing new frameworks needed, this volume will begin a movement to establish the mechanisms needed to charge those responsible for the unlawful use of force.

The Obligation to Extradite Or Prosecute

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Author: Kriangsak Kittichaisaree

Publisher: Oxford University Press

ISBN: 0198823290

Category: Law

Page: 416

View: 5624

Prosecution of serious crimes which are worthy of international concern were few and far between before the initiating of the International Criminal Court in 2002. Fifteen years later, there are still concerns. The United Nations International Law Commission's Working Group on the Obligation to Extradite or Prosecute submitted its own report on the issue in 2014, which has led to numerous, as of yet unanswered, questions. How far are states under an obligation to extradite criminals who shock the world? Are State officials immune from foreign criminal jurisdiction? How can we enforce universal jurisdiction? And what happens when there are competing rules regarding the surrender of persons to a competent international court? Written by the Chairman of that very Commission, Kittichaisaree provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite Or Prosecute critiques the status quo and offers practical solutions as to the road ahead.

The Sierra Leone Special Court and its Legacy

The Impact for Africa and International Criminal Law

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Author: Charles Chernor Jalloh

Publisher: Cambridge University Press

ISBN: 1107029147

Category: Law

Page: 824

View: 805

The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.

The International Criminal Court in Search of its Purpose and Identity

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Author: Triestino Mariniello

Publisher: Routledge

ISBN: 1317703081

Category: Law

Page: 288

View: 6797

The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

Rough Justice

The International Criminal Court's Battle to Fix the World, One Prosecution at a Time

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Author: David Bosco

Publisher: Oxford University Press

ISBN: 0199844135

Category: History

Page: 297

View: 4870

The story of the movement to establish the International Criminal Court, its tumultuous first decade, and the challenges it will continue to face in the future.

International Law and Changing Perceptions of Security

Liber Amicorum Said Mahmoudi

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Author: Jonas Ebbesson,Marie Jacobsson,Mark Adam Klamberg,David Langlet,Pål Wrange

Publisher: Hotei Publishing

ISBN: 9004274588

Category: Law

Page: 372

View: 926

In International Law and Changing Perceptions of Security the contributors debate how changing concepts and conceptions of security have affected fields such as the use of force, law of the sea, human rights, international environmental law and international humanitarian law.

An Unlikely Dilemma

Constructing a Partnership between Human Rights and Peace-Building

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Author: Göran Gunner,Kjell-Åke Nordquist

Publisher: Wipf and Stock Publishers

ISBN: 1630875538

Category: Religion

Page: 190

View: 4575

In a world where armed conflict, repression, and authoritarian rule are too frequent, human rights and peace-building present key concepts and agendas for the global and local struggle for peace and development. But are these agendas congruent? Do they support each other? Many organizations, states, and individuals have experienced how priorities of one agenda create friction with the other. For instance, are justice and reconciliation incompatible goals? If not, do they lead to counteracting initiatives? How can local and international actors develop support to societies that search a way out of violence and repression without violating universal moral standards, in an imperfect and resource-scarce situation? This study departs from the view that both human rights and peace-building are agendas with specific and unique contributions. In order to deal with overlapping claims that the two agendas sometimes formulate, in both conflict and post-conflict situations, this study suggests specific approaches in order to create synergy effects of agenda cooperation.

The Law and Practice of the International Criminal Court

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Author: Carsten Stahn

Publisher: Oxford University Press, USA

ISBN: 0198705166

Category: Law

Page: 1326

View: 8708

Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparalleled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organized along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

Prosecuting International Crimes in Africa

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Author: Chacha Murungu,Japhet Biegon

Publisher: PULP

ISBN: 0986985783

Category: Criminal procedure (International law)

Page: 362

View: 3368

"Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.

Institutional Supports for the International Rule of Law

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Author: Charles Sampford,Ramesh Thakur

Publisher: Routledge

ISBN: 1317637542

Category: Political Science

Page: 182

View: 5197

The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.

The Contribution of the Rwanda Tribunal to the Development of International Law /cby L.J. Van Den Herik

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Author: L. J. Van Den Herik

Publisher: Martinus Nijhoff Publishers

ISBN: 900414580X

Category: Political Science

Page: 324

View: 5318

This book offers a thorough analysis of the establishment and the Statute of the International Criminal Tribunal for Rwanda. Furthermore, it gives insight into how the Rwanda Tribunal has operated in practice during its first ten years and it examines the case law on the three major international crimes: genocide, crimes against humanity and war crimes. The author provides a balanced judgement of the contribution of the Rwanda Tribunal towards the development of international criminal law, emphasizing its strong points, in particular the case law on genocide, but also exposing its weaknesses in terms of legal reasoning. The author also demonstrates the inherent limits of the Rwanda Tribunal due to the political and social situation within Rwanda and due to its own Statute.

International Human Rights Law in a Global Context

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Author: Felipe Gómez Isa,Koen de Feyter

Publisher: Universidad de Deusto

ISBN: 8498308135

Category: Law

Page: 976

View: 8931

The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).

Peace and Justice at the International Criminal Court

A Court of Last Resort

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Author: Errol Mendes

Publisher: Edward Elgar Publishing

ISBN: 1849807027

Category: Law

Page: 215

View: 1675

Errol Mendes spent nearly a year as a Visiting Professional with the Prosecutor of the International Criminal Court. This has given him a unique perspective and some special insight into the big situations confronting the Court, including Darfur, Palestine and Uganda. William A. Schabas, National University of Ireland, Galway This authoritative book addresses the greatest challenge facing the International Criminal Court since its historic establishment in 1998: reconciling the demand for justice for the most serious crimes known to humanity with the promotion of sustainable peace in conflict areas around the world. In describing and analyzing this challenge, Errol Mendes demonstrates that the Court is a product of centuries of global efforts to integrate peace with justice. Focusing on two important prosecutions involving indictments of the president and other senior officials of Sudan and a savage rebel group in Northern Uganda, the author argues that the choice between peace and justice is not a zero sum game. Based on knowledge and experience obtained during his time as a visiting professional at the Court, the author combines insights from Court leaders with his own analysis in his call for greater international cooperation with the Court in fulfilling its mandate and overcoming other obstacles that threaten its work into the future. Scholars and students of criminal justice, international studies, political science and human rights, as well as civil society groups, government officials and those working with international justice organizations, will find in this book a unique and sophisticated perspective on this complex dilemma.

United Nations Decade For Human Rights Education

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Author: D.Bhaskara Rao

Publisher: Discovery Publishing House

ISBN: 9788171418879

Category: Human rights

Page: 328

View: 9535

Contents: Human Rights Education Decade: UN General Assembly Resolution, United Nations Decade for Human Rights Education, United Nations Decade for Human Rights Education: Commission on Human Rights Resolution, International Plan of Action for the United Nations Decade for Human Rights Education 1995-2004, Guidelines for National Plans of Action for Human Rights Education, Human Rights Questions: Report of the High Commissioner for Human Rights, Summary of National Initiatives Undertaken within the Decade for Human Rights Education (1995-2004), The International Bill of Human Rights, Human Rights: A United Nations Priority.