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Challenges of Transitional Justice in Rwanda

"Two systems of retributive justice were set up by the international community and the Rwandan government to try suspects of the 1994 genocide: the Tanzania-based International Criminal Tribunal for Rwanda and the local grassroots gacaca courts i...

African Efforts to Close the Impunity Gap Lessons for Complementarity from National and Regional Actions

"The aim of this paper is to highlight some of the successes and challenges of domestic and regional international criminal justice processes in Africa. That discussion might be framed as one about ‘complementarity’ in a broad sense – the idea th...

The International Criminal Court’s cases in Kenya: origin and impact

"This paper examines the origins of the ICC’s work in Kenya and the impact thereof to date as Kenya awaits the April 2013 trial of four Kenyans in the two cases before the ICC. The paper re-traces the background to the post-elections violence and ...

Balancing Competing Obligations The Rome Statute and AU Decisions

"This paper will not attempt to untangle the broader political standoff between the AU and the ICC. Rather it will interrogate the legal aspects thereof. First, the paper seeks to delineate the various obligations on African states in respect of B...

South West Africa and the international court: Two viewpoints on the 1971 advisory opinion

This document concerns the 1971 Advisory Proceedings on South West Africa in the International Court. The Court proceedings derived from political disputes at the United Nations. Arguments against South Africa were based on an anti-colonial campa...

United States of Africa Positioning the Pan-African Parliament and Court in the Political Union Debate

"The paper argues that whatever model may be chosen for the political union, reforms of the two institutions as currently constituted will be an absolute necessity. With respect to the African Court, the suggestion is made that reform should take...

The Trial of Charles Taylor Conflict Prevention, International Law and an Impunity-Free Africa

"This paper discusses the trial of the former head of state of Liberia, Charles Taylor, from Freetown to The Hague, by the Special Court for Sierra Leone. It highlights the principal legal issues surrounding Taylor’s indictment in connection wit...

The International Criminal Court that Africa Wants

"The monograph argues that it is imperative that Africa’s 31 members of the ICC are encouraged to take seriously their obligations under the Rome Statute to ensure accountability for perpetrators, and that the 53 members of the AU are called to af...

A Handbook on the International Criminal Court For Defence Lawyers in Africa

"The handbook interrogates the popular myths and prejudices that are often levelled against the ICC with regard to its work in Africa, especially following the issuance of an arrest warrant against a serving head of state. Far from being an exclus...

The Goldenberg Conspiracy The Game of Paper, Gold, Money and Power

"Goldenberg was a high level conspiracy by senior officials of the Moi administration in Kenya, together with local and international wheeler dealers, who capitalised on the government’s desperation for foreign exchange and the greed of the admin...

Sudan: Justice, Peace and the ICC

Excerpt: "The International Criminal Court (ICC) arrest warrant against President Bashir for atrocity crimes in Darfur has brought Sudan to a new decision point. The long-ruling National Congress Party (NCP) has defied the court, gained African Un...

Perspectives on Africa’s Response to the ICC’s Arrest Warrants in the Libya Situation

"On 27 June 2011, the three judges of the International Criminal Court’s Pre-trial Chamber I issued arrest warrants for Libyan leader Muammar Gaddafi, his son Saif al-Islam, and Abdullah al-Senussi for alleged crimes against humanity committed in ...

Implications of the AU Decision to Give the African Court Jurisdiction over International Crimes

"This paper considers the decision by the African Union (AU)to expand the jurisdiction of the African Court of Justice and Human Rights to act as an international criminal court with jurisdiction over the international crimes of genocide, war crim...

Uganda and the International Criminal Court: Debates and Developments

"Uganda was the first country targeted for intervention by the International Criminal Court (ICC). This intervention prompted three critical discussions about international criminal justice: ‘peace vs. justice,’ ‘selective justice,’ and ‘intern...

The ICC and the Culture of Impunity ICC Warrant of Arrest against President Bashir of the Sudan

"The Organisation of African Unity (OAU) member states’ adoption of the African Charter on Human and Peoples’ Rights (ACHPR) in 1981 in Nairobi, Kenya, marked a milestone development in terms of the human rights normative framework on the African ...

Report from a Symposium on the Investigation and Prosecution of ‘Core International Crimes’ and the Role of the International Criminal Court in Africa

"The first objective was to lay the foundation for greater cooperation between the African Union (AU) and the ICC. The second, and related, objective was to highlight the problems and politics (both domestically within African states and regionall...

Justice and the Libyan Crisis: the ICC’s Role under Security Council Resolution 1970

"The ICC’s work in Libya’s conflict zone is imperative and deserves continued support – although the road ahead already appears long and strewn with hurdles. In these early days there are at least positive signs from within the continent that Gadd...

The ICC and Community-Level Reconciliation: In-Country Perspectives Regional Consultation Report

"The discussions at the Regional Consultation focused on three themes: peace and justice; cooperation and complementarity; as well as the rights of victims. The theme on peace and justice examined the evident tension between peace initiatives in...

The International Criminal Court and the Indictment of President Omar al-Bashir Implications for Sudan and Africa

"This policy brief provides a synopsis of the Darfur crisis; analyses of the implications of the indictment of Sudanese President Omar Hassan Ahmad al-Bashir on peace, security and stability in Sudan, and Darfur in particular; and addresses the im...

Sequencing the Administration of Justice to Enable the Pursuit of Peace: Can the ICC Play a Role in Complementing Restorative Justice?

"This Policy Brief will argue that there are a number of provisions within the Rome Statute which enable the ICC to sequence its interventions in a way that complements efforts to promote peace. Specifically, the Brief will assess the deferral r...

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