Africa and the International Criminal Court

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.

Analyzes the contentious relationship between African states/the African Union and the International Criminal Court Addresses fundamental issues in the field of international criminal law, e.g. implementation of the Rome Statute, deferrals of cases before the International Criminal Court, prosecution of crimes by third states on the basis of universal jurisdiction Contains all relevant material relating to the embattled relationship between the African Union, the International Criminal Court, and the UN Security Council Includes supplementary material: sn.pub/extras

Autorentext

Gerhard Werle is a Professor of Law at Humboldt-Universität zu Berlin, Director of the South African-German Centre for Transnational Criminal Justice and an Extraordinary Professor at the University of the Western Cape. Lovell Fernandez is a Professor of Law at the University of the Western Cape and Director of the South African-German Centre for Transnational Criminal Justice. Moritz Vormbaum is a Senior Researcher at Humboldt-Universität zu Berlin as well as Coordinator and Lecturer at the South African-German Centre for Transnational Criminal Justice.

Klappentext

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.

Inhalt
Introduction Africa and the International Criminal Court.- Africa and the International Criminal Court Then and Now.- Africa and the International Criminal Court A Judge's Perspective.- International Criminal Justice in Africa: Specific Procedural Aspects of the First Trial Judgment of the International Criminal Court.- Africa and the International Criminal Court A Prosecutor's Perspective.- The Implementation of the Rome Statute in Africa.- Domestic Prosecution of International Crimes: The Case of Rwanda.- The Extraordinary African Chambers in the Courts of Senegal The Case of Hissène Habré.- The Nigerian 'Jos-Crisis' from the Perspective of International Criminal Law.- 'On Behalf of Africa': Towards the Regionalization of Universal Jurisdiction? Between Political Justice and Judicial Politics: Charting a Way Forward for the African Union and the International Criminal Court.- Africa, the United Nations Security Council and the International Criminal Court: The Question of Deferrals.- A Strained Relationship: Reflections on the African Union's Stand against the International Criminal Court from the Kenyan Experience.