Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-09T19:45:38.753Z Has data issue: false hasContentIssue false

5 - Implementing the International Criminal Court Treaty in Africa: The Role of Nongovernmental Organizations and Government Agencies in Constitutional Reform

Published online by Cambridge University Press:  25 January 2010

Kamari Maxine Clarke
Affiliation:
Yale University, Connecticut
Mark Goodale
Affiliation:
George Mason University, Virginia
Get access

Summary

INTRODUCTION

The persistence of violent conflicts in Africa and the world in general have resulted not only in untold human and material losses but also in egregious human rights abuses. The need to bring the perpetrators to account led to the establishment of several international tribunals to prosecute those persons and groups accused of committing gross human rights abuses. The employment of the ICC as an international justice mechanism in achieving peace, ensuring justice, and ending ongoing conflicts in Africa is now a reality. However, there is also tension between international justice mechanisms and local means of resolving ongoing and protracted conflicts in relation to the activities of the ICC in its first four investigations on the continent.

The ICC has jurisdiction to indict people accused of such international crimes as genocide, crimes against humanity, and war crimes. The Court has power to provide redress to victims and survivors of these crimes, and some argue that the mere presence of the ICC has a deterrent effect on future dictators and their collaborators. However, questions are being asked about whether the ICC alone can effectively end the conflicts or if other forms of transitional or restorative justice can be employed in achieving lasting peace and justice on the continent.

The emergence of international criminal justice regimes in Africa marks a clear departure from the past when leaders on the continent were immune from prosecution or criminal responsibility.

Type
Chapter
Information
Mirrors of Justice
Law and Power in the Post-Cold War Era
, pp. 106 - 130
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Odinkalu, C., “Back to the Future: The Imperative of Prioritising for the Protection of Human Rights in Africa” (2003), 47 Journal of African Law1 at 24CrossRefGoogle Scholar
Berg, S., “ICC to Investigate Central African Republic War Crimes,” Agence-France Presse, May 2007Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×