Africa Within the Justice System of the International Criminal Court: The Need for a Reform

KFG Working Paper Series, No. 2, May 2016

42 Pages Posted: 7 Mar 2018  

Balingene Kahombo

Free University of Berlin (FUB) - Department of Law

Date Written: May 2016

Abstract

This article re-examines the relationship between Africa and the International Criminal Court (ICC). It traces the successive changes of the African attitude towards this Court, from states' euphoria, to hostility against its work, to regional counter-initiatives through the umbrella of the African Union (AU). The main argument goes beyond the idea of "the Court that Africa wants" in order to identify concrete reasons behind such a formal argument which may have fostered, if not enticed, the majority of African states to become ICC members and actively cooperate with it, when paradoxically some great powers have decided to stay outside its jurisdiction. It also seeks to understand, from a political and legal viewpoint, which parameters have changed since then to provoke that hostile attitude against the Court's work and the entrance of the AU into the debate through the African Common Position on the ICC. Lastly, this article explores African alternatives to the contested ICC justice system. It examines the need to reform the Rome Statute in order to give more independence, credibility and legitimacy to the ICC and its duplication to some extent by the new "Criminal Court of the African Union". Particular attention is paid to the resistance against this idea to reform the ICC justice system.

Suggested Citation

Kahombo, Balingene, Africa Within the Justice System of the International Criminal Court: The Need for a Reform (May 2016). KFG Working Paper Series, No. 2, May 2016. Available at SSRN: https://ssrn.com/abstract=3129009 or http://dx.doi.org/10.2139/ssrn.3129009

Balingene Kahombo (Contact Author)

Free University of Berlin (FUB) - Department of Law ( email )

Berlin
Germany

Register to save articles to
your library

Register

Paper statistics

Downloads
25
Abstract Views
110
PlumX