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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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The International Criminal Court and Africa

Edited by: Charles Chernor Jalloh, Ilias Bantekas

ISBN13: 9780198810568
Published: October 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00



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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.

Subjects:
International Criminal Law, Other Jurisdictions , Africa
Contents:
Introduction

Part 1: The Sources of Discord and Wider Context of the African-ICC Relationship
1: Africa, the ICC and Universal Jurisdiction, Martin Mennecke
2: The Implementation of the Proprio Motu Authority of the Prosecutor in Africa, Manisuli Ssenyonjo
3: Operationalising the Complementarity Principle: A Case for a Differentiated Standard in Kenya's Post-Election Violence, Benson Olugbuo
4: Sequencing Peace and Justice in Post-Conflict Africa: The ICC Perspective, Ilias Bantekas
5: The ICC and Africa: A Problematic Relationship, Gino Naldi and Konstantinos Magliveras

Part 2: From Self-Referrals to Self-Deferrals? The Prosecutions of International Crimes by the ICC in Africa and the African State Pushback
6: The Al-Bashir and Kenyatta cases at the ICC: Testing the Rules of the Rome Statute on Personal Immunities, Paola Gaeta and Patryk I Labuda
7: Presence of the Accused, Right or Duty? The Art of Interpretation in a Tense Political Climate, Dire D. Tladi
8: The African Union, the Security Council and the International Criminal Court, Charles Chernor Jalloh
9: The South African, Burundian and Gambian Withdrawals from the International Criminal Court, Manisuli Ssenyonjo

Part 3: Africa: In Search of Complements or Alternatives to the ICC?
10: The Development of Criminal Law and Criminal Justice in Africa from pre-Colonial Rule to Present Day, Kebreab Isaac Weldesellaise
11: National Implementation of the ICC Statute to Prosecute International Crimes in Africa, Olympia Bekou
12: The Place of Regional Courts in the Prosecution of International and Other Crimes, Charles Chernor Jalloh
13: Who Will Prosecute Piracy in Africa?, Efthymios Papastavridis
14: Complementing the ICC Efforts to Curb the Impunity of International Crimes in Africa: The Role and Contribution of Community-Based Mechanisms, Pacifique Manirakiza
Conclusion