Cour Penale Internationale Et Colonialisme: Au-Dela Des Evidences (The International Criminal Court and Colonialism: Beyond the Obvious)

24 Pages Posted: 21 Feb 2013

See all articles by Frederic Megret

Frederic Megret

McGill University - Faculty of Law

Date Written: February 20, 2013

Abstract

The ICC's supposed "neo-colonialism" has been the focus of much discussion based on the fact that the Court's Prosecutor has been almost exclusively interested in cases dealing with the African continent. This paper (in French) will try to go beyond the issue of a neo-colonialism as seen exclusively through a critique of the over-representation of African indictees, on the basis that it fails to explain a series of ways in which African states and civil society are positively engaging with international criminal justice. It argues that if there is a form of neo-colonialism at work it is down to more subtle post-colonial treatment of Africa through the categories of international criminal justice. This includes a tendency to "orientalize" African crime, for example through an insistence on crimes seen as typically (and horribly) African (child soldiers, bush wives). More importantly, one needs to situate the relationship between international criminal justice and Africa within a "temps long" of the introduction of modern penal thoughts and practices on the continent through colonization and the construction of the post-colonial state, particularly as seen in the exclusion/instrumentalization/hybridization of forms of traditional justice.

Note: Downloadable document is in French.

Keywords: international criminal justice, international criminal court, Africa, international criminal tribunal for Rwanda, special court for Sierra Leone

Suggested Citation

Mégret, Frédéric, Cour Penale Internationale Et Colonialisme: Au-Dela Des Evidences (The International Criminal Court and Colonialism: Beyond the Obvious) (February 20, 2013). Available at SSRN: https://ssrn.com/abstract=2221424 or http://dx.doi.org/10.2139/ssrn.2221424

Frédéric Mégret (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Register to save articles to
your library

Register

Paper statistics

Downloads
179
rank
162,100
Abstract Views
787
PlumX Metrics