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"Heads of state and government (HOSG) in Africa, through the African Union (AU), have for some time expressed particular concern about two developments in current international criminal justice – the exercise of universal jurisdiction and the work…
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This paper specifically seeks to examine the role that South Africa’s courts might play, and how civil society might use the courts, in ensuring that the country’s foreign policy complies with human rights standards. It does so by reflecting on sev…
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This document features three main articles titled as follows: Coeur Pénale Internationale Un Verdict, et après. (international criminal center/core - the verdict and after.) Le Maroc Face à l’impératif de l’énergie solaire (Marocco - facing solar en…
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As part of the enduring search for justice for victims of post-election violence, the recommendation was welcomed in principle, to establish an International Crimes Division of the High Court of Kenya. However the Judicial Service Commission report …
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Following the announcement of the 2007 general election results, Kenya plunged into unprecedented violence. The upheaval left in its wake over a thousand people dead, hundreds sexually violated and hundreds of thousands physically displaced from the…
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"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 Bas…
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"Multilateral systems to support peace and democracy have evolved faster in Africa than in other regions. In the past decade, diplomatic and military intervention in Africa has become more frequent and more assertive than in Latin America, Asia or t…
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"The International Criminal Court (ICC) was designed to be more victim focused than previous tribunals, promoting elements of restorative and retributive justice. Victims have the right to be heard as legal participants at the ICC, and can receive …
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"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 t…
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"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 rol…
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"The paper inquires into the possibilities of achieving accountability through prosecutorial process in domestic courts as well as in the fora of international justice; it examines the work of the CVR around truth recovery and reconciliation; final…
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The brutal Lord’s Resistance Army (LRA) insurgency enters its twentieth year with no end in sight, made more complicated by the troubling political events in Kampala over the past few months, including the arrest of opposition figures. The rebels’ n…
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‘Towards a framework for resolving the justice and reconciliation question in Zimbabwe,’ proposes the reconstitution of ‘the political’ in Zimbabwe as a turning point towards a pursuit of healing and reconciliation mainly because a ‘paradigm of war’…
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This article discusses the failure of states to comply with their obligation to execute the warrant issued by the International Criminal Court for the arrest of President Omar Hassan Ahmed Al Bashir of Sudan. There are serious charges against Presi…
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A key dilemma is highlighted in this policy paper which addresses those societies seeking to redress the past through transitional justice measures in determining how to define that past: how far back into history is enough and not too far to truly …
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In ‘Kenya: A new test case for the ICC’ Kenyan stability requires human rights, the rule of law and a narrowing of the gap between the rich and the poor. This cannot simply be imposed through the strike of the gavel in an ICC court. In ‘Crafting for…
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