The International Criminal Court and Peace Processes in Africa

Author: Line Gissel
Publisher: Routledge
ISBN: 1351591894
Format: PDF, Docs
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The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC’s impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.

Africa and the International Criminal Court

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462650292
Format: PDF, Kindle
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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.

The International Criminal Court and Africa

Author: Charles Chernor Jalloh
Publisher: Oxford University Press
ISBN: 0198810563
Format: PDF
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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.

Peace and Justice at the International Criminal Court

Author: Errol Mendes
Publisher: Edward Elgar Publishing
ISBN: 1849807027
Format: PDF, Mobi
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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.

International Criminal Court Cases in Africa

Author: Alexis Arieff
Publisher:
ISBN:
Format: PDF
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This report provides background on current International Criminal Court (ICC) cases and examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes.

Peacebuilding Power and Politics in Africa

Author: Devon Curtis
Publisher: Ohio University Press
ISBN: 0821444328
Format: PDF, Mobi
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Peacebuilding, Power, and Politics in Africa is a critical reflection on peacebuilding efforts in Africa. The authors expose the tensions and contradictions in different clusters of peacebuilding activities, including peace negotiations; statebuilding; security sector governance; and disarmament, demobilization, and reintegration. Essays also address the institutional framework for peacebuilding in Africa and the ideological underpinnings of key institutions, including the African Union, NEPAD, the African Development Bank, the Pan-African Ministers Conference for Public and Civil Service, the UN Peacebuilding Commission, the World Bank, and the International Criminal Court. The volume includes on-the-ground case study chapters on Sudan, the Great Lakes Region of Africa, Sierra Leone and Liberia, the Niger Delta, Southern Africa, and Somalia, analyzing how peacebuilding operates in particular African contexts. The authors adopt a variety of approaches, but they share a conviction that peacebuilding in Africa is not a script that is authored solely in Western capitals and in the corridors of the United Nations. Rather, the writers in this volume focus on the interaction between local and global ideas and practices in the reconstitution of authority and livelihoods after conflict. The book systematically showcases the tensions that occur within and between the many actors involved in the peacebuilding industry, as well as their intended beneficiaries. It looks at the multiple ways in which peacebuilding ideas and initiatives are reinforced, questioned, reappropriated, and redesigned by different African actors. A joint project between the Centre for Conflict Resolution in Cape Town, South Africa, and the Centre of African Studies at the University of Cambridge.

The International Criminal Court and African Conflicts

Author: Augostine Ekeno
Publisher: LAP Lambert Academic Publishing
ISBN: 9783659428371
Format: PDF, ePub, Docs
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Over the last two decades, the use of the International Criminal Court (ICC) to address the culture of impunity in the African continent and indeed throughout the world has increased tremendously. All 30 indictments issued by the ICC since its inception are against Africans. This book argues that prioritizing retributive justice in the African context does not only breed unstable political environments, but can also undermine the very discourse that seeks an inclusive political justice process likely to bring long-term solutions. The use of transitional justice processes which are retributive in praxis and devoid of a concurrent comprehensive political restorative process in similar contexts may jeopardize achievement of sustainable peace and justice. Political environments of that nature can only benefit from a comprehensive restorative justice process seeking to promote peace and justice, institutional reforms, reconciliation, interstate mutual relations, and responds to the needs of victims. This appraisal of inclusive transitional justice processes should be useful to transitional justice and peace practitioners.

The International Criminal Court in Search of its Purpose and Identity

Author: Triestino Mariniello
Publisher: Routledge
ISBN: 1317703081
Format: PDF, Kindle
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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.