Africa and the International Criminal Court: Challenges and the way Forward
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Date
2014-06
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Addis Ababa University
Abstract
This research reflects the areas of jurisdictional power of the International Criminal Court (ICC) and the challenges it has been facing in the last 12 years of its life while it is trying to end impunity in Africa. The assessment is based on the main objective of establishing Rome Statue in July 2002 which thrives that all member states of UN have to have the same standard in their respective territories. A lot of controversies and misconceptions are being witnessed on the understandings and implementation of international laws in Africa between ICC and African leaders. It seems such controversies and misconceptions emanate from different prevailing thoughts. African states accuse ICC as a neo colonialist institution targeting African leaders in addition to alleging ICC as playing double standard role in African and the rest of the world for instance ICC investigation and prosecution till now only in Africa despite Israel-Palestine, Iraq , Columbia and Afghanistan where western countries have major interest from the conflict .The study used method of both Primary data, key informant interview and secondary data, cases from ICC investigation and situation under which it described the challenges and perspective of the international criminal court in fighting impunity in Africa .The study used cases which do have direct link with ICC like the current cases on Uganda, DRC, Cote d’Ivoire CAR, Kenya, Sudan Mali and Libya as an input in its arguments and discussions. And the study proved that the non-targeting of African states by ICC and there is no evidence showing ICC is playing double standard role in Africa and the rest of the world rather the UNSC, the political body, playing double standard in its referral and other duties .Thus AU, UNSC, state parties and all African states should cooperate with this independent institution to end major Human Right violation throughout the globe
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Keywords
International Criminal Court, Rome Statue