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Author: Everisto Benyera Publisher: Routledge ISBN: 1000589722 Category : Law Languages : en Pages : 196
Book Description
This book investigates the relationship between the International Criminal Court and Africa (the ICC or the Court), asking why and how the international criminal justice system has so far largely failed the victims of atrocities in Africa. The book explores how the Court degenerated from a very promising multilateral institution to being an instrumentalised, politicised, weaponised institution that ended up with the victims being the greatest losers. Instead of looking at the International Criminal Court as a recent alternative to a prevailing international criminal justice paradigm, this book argues that the Court is a manifestation of the same world order that was established by the Reconquista in 1492. Written from a decolonial perspective, the book particularly draws on evidence from Zimbabwe in order to demonstrate how the International Criminal Court is failing the victims of the four crimes that fall under its jurisdiction. Drawing on the perspectives of victims in particular, this book highlights the damage caused within Africa by the international criminal justice system and argues for a decolonial conception of justice. The book will be of interest to researchers from across African politics, international relations, law and criminal justice.
Author: Everisto Benyera Publisher: Routledge ISBN: 1000589722 Category : Law Languages : en Pages : 196
Book Description
This book investigates the relationship between the International Criminal Court and Africa (the ICC or the Court), asking why and how the international criminal justice system has so far largely failed the victims of atrocities in Africa. The book explores how the Court degenerated from a very promising multilateral institution to being an instrumentalised, politicised, weaponised institution that ended up with the victims being the greatest losers. Instead of looking at the International Criminal Court as a recent alternative to a prevailing international criminal justice paradigm, this book argues that the Court is a manifestation of the same world order that was established by the Reconquista in 1492. Written from a decolonial perspective, the book particularly draws on evidence from Zimbabwe in order to demonstrate how the International Criminal Court is failing the victims of the four crimes that fall under its jurisdiction. Drawing on the perspectives of victims in particular, this book highlights the damage caused within Africa by the international criminal justice system and argues for a decolonial conception of justice. The book will be of interest to researchers from across African politics, international relations, law and criminal justice.
Author: Gerhard Werle Publisher: Springer ISBN: 9462650292 Category : Law Languages : en Pages : 303
Book Description
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.
Author: Richard H. Steinberg Publisher: Martinus Nijhoff Publishers ISBN: 9004304452 Category : Law Languages : en Pages : 495
Book Description
Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.
Author: Charles Chernor Jalloh Publisher: Oxford University Press ISBN: 0192538551 Category : Law Languages : en Pages : 416
Book Description
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.
Author: Evelyn A. Ankumah Publisher: ISBN: 9781780684178 Category : Criminal courts Languages : en Pages : 0
Book Description
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 politicised.
Author: Gerhard Werle Publisher: Springer ISBN: 9462651507 Category : Law Languages : en Pages : 347
Book Description
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Author: Res Schuerch Publisher: Springer ISBN: 9462651922 Category : Law Languages : en Pages : 305
Book Description
This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.
Author: Tim Allen Publisher: Zed Books Ltd. ISBN: 1848137931 Category : Law Languages : en Pages : 164
Book Description
The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Author: Dominique Mystris Publisher: BRILL ISBN: 9004444955 Category : Law Languages : en Pages : 328
Book Description
In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.
Author: Everisto Benyera
Author: Everisto Benyera
Author: Gerhard Werle
Author: Richard H. Steinberg
Author: Charles Chernor Jalloh
Author: Evelyn A. Ankumah
Author: Marshet Tadesse Tessema
Author: Gerhard Werle
Author: Res Schuerch
Author: Tim Allen
Author: Dominique Mystris