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The crisis of international criminal law in Africa: A regional regime in response?

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journal contribution
posted on 05.11.2020, 14:17 by Eki Yemisi Omorogbe
This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.

History

Citation

Netherlands International Law Review, 66, 287–311 (2019). https://doi.org/10.1007/s40802-019-00143-5

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

VoR (Version of Record)

Published in

Netherlands International Law Review

Volume

66

Pagination

287-311

Publisher

Springer (part of Springer Nature), T.M.C Asser Press

issn

0165-070X

Acceptance date

07/06/2019

Copyright date

2019

Available date

10/09/2019

Language

en