2008•Comparative and International Law Journal of Southern AfricaRequires access

The ICC's favourite customer : Africa and international criminal law

Chikeziri Sam Igwe

Open publisher page 14 citations

Abstract

Proponents of International Criminal Law (ICL) argue that establishing international criminal courts would deter government officials and warlords from committing grave crimes against humanity, achieve justice and facilitate peace making in countries torn by crisis. This article tests the above theory by surveying of the practice of international criminal law in Africa. The International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, as well as attempts by several African states to implement the Rome Statute or take advantage of its complementarity jurisdiction provide a context for assessing the value of ICL. This article concludes that while ICL has brought a number of war criminals and genocidiaries to justice in Africa, its prospects for peace, justice and deterrence remain elusive.

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What this paper is about

Proponents of International Criminal Law (ICL) argue that establishing international criminal courts would deter government officials and warlords from committing grave crimes against humanity, achieve justice and facilitate peace making in countries torn by crisis. This article tests the above theory by surveying of the practice of international criminal law in Africa. The International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, as well as attempts by several African states to implement the Rome Statute or take advantage of its complementarity jurisdiction provide a context for assessing the value of ICL. This article concludes that while ICL has brought a number of war criminals and genocidiaries to justice in Africa, its prospects for peace, justice and deterrence remain elusive.

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Available abstract

Proponents of International Criminal Law (ICL) argue that establishing international criminal courts would deter government officials and warlords from committing grave crimes against humanity, achieve justice and facilitate peace making in countries torn by crisis. This article tests the above theory by surveying of the practice of international criminal law in Africa. The International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, as well as attempts by several African states to implement the Rome Statute or take advantage of its complementarity jurisdiction provide a context for assessing the value of ICL. This article concludes that while ICL has brought a number of war criminals and genocidiaries to justice in Africa, its prospects for peace, justice and deterrence remain elusive.

Key concepts: Special court, Sierra leone, Law, Crimes against humanity, Political science, Universal jurisdiction, Tribunal, International law

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