The African Union and Universal Jurisdiction

2017 ◽  
Author(s):  
Martin Mennecke
Keyword(s):  
Ad Hoc ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
African Union ◽  
Government Officials ◽  
African Government ◽  
Double Standards ◽  
Legal Principle ◽  
The Status

Universal jurisdiction permits states to investigate and prosecute perpetrators of certain widely condemned offences, irrespective of whether they possess any of the traditional territorial, nationality, or other jurisdictional links to the offence. As a legal principle, African states accept the principle of universal jurisdiction, but in the past decade they have pushed back against it due to the perception that the courts of various European states have unfairly targeted African government officials that they perceive as enemies. Against this background, the chapter examines the status of the universal jurisdiction debate and how it relates to the role of the International Criminal Court and that of the African Union and its member states, in addition to evaluating the proposals made by African states within the framework of the United Nations to address the African government concerns about double standards in the application of universal jurisdiction through a special ad hoc committee of the General Assembly.

THE ROLE OF LOCAL GOVERNMENT IN STRENGTHENING DEMOCRACY

2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
European Union ◽  
Local Government ◽  
United Nations ◽  
Public Interest ◽  
Legal Status ◽  
African Union ◽  
African Countries ◽  
The Status ◽  
Administrative Units

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.

Managing Setbacks for the International Criminal Court in Africa

2011 ◽  
Vol 56 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Elise Keppler
Keyword(s):  
Civil Society ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Government Officials ◽  
African Government ◽  
Un Security Council

AbstractThe International Criminal Court (ICC) suffered two notable setbacks in Africa in 2010: the African Union's (AU) renewed call for members not to cooperate in executing ICC arrest warrants for Sudanese President al-Bashir; and the president's first visits to the territory of ICC states parties since warrants were issued in 2009 and 2010. Factors surrounding these developments suggest they do not represent the predominant view or approach to the court in Africa, where there is considerable backing for the ICC among African government officials and civil society. African ICC states parties and civil society should enhance initiatives to demonstrate the support that exists for the court, and to ensure that attacks on it are understood as limited efforts that emanate more from criticisms of the UN Security Council than of the court. Developments in 2011 reinforce these assessments.

scholarly journals Analysing the Future of International Criminal Justice in Africa: A Focus on the ICC

2016 ◽  
Vol 1 (1) ◽  
pp. 99-122
Author(s):  
Emily Ngolo
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
African Union ◽  
The Future ◽  
Enforcement Mechanisms

The International Criminal Court has generally a bad reputation in the African continent as a whole with hostile assertions by the African Union, that the court is nothing but a political tool for the powerful. The Court, plagued with numerous difficulties, has come under pressure to perform, with some doubting its viability. Created by the Rome Statute, and the parties therein governed by general treaty law, enforcement mechanisms of the court have been unsatisfactory at best and this has led to questions being asked as to its survival. There exists a pool of divergent views, in regard to the African Union and the International Criminal Court, in many of the crucial areas of international criminal justice. This paper seeks to find out just how true is the claim that the ICC is ‘dead’ is, and the implications of this in the future of the continent as regards international criminal justice. How important is it for us to preserve international criminal justice? Just how much of a role do states play in this revered area of law? Is its legal viability coming to an unfortunate premature end? What does this mean, then, for the victims of mass atrocities? This paper seeks to show an interplay of the role of states and politics in international criminal justice, and determine then, whether there exists any bright future for this area of law in Africa.

Africa, the International Criminal Court and the Law-Diplomacy Nexus

2021 ◽  
pp. 1-21
Author(s):  
Yolanda Kemp Spies
Keyword(s):  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
Sovereign Immunity ◽  
African Identity ◽  
Un Security Council ◽  
History Of ◽  
The Law ◽  
Principle Of Complementarity

Summary The pioneering diplomatic role of African states in the establishment of the ICC, with its unprecedented legal mandate, was a triumph for a continent with a recent history of legal — diplomatic subjugation. However, the Court’s perceived Afro-centric bias since its inception, contradiction of sovereign immunity custom, and blatant manipulation by the UN Security Council has prompted the African Union to recommend en masse withdrawal. By contrast, this article makes the case that the continent, rather than being a victim of selective, politicised justice, has capitalised on its ICC membership. The Court has become ‘Africanised’ in its substantive specialisation, its executive profile has assumed an African identity and Africa’s penchant for collective diplomacy is facilitated by quantitative advantage in ICC membership. Maximising its diplomatic agency and using the ICC’s principle of complementarity, Africa now has a unique opportunity to insert itself instrumentally at the law — diplomacy nexus in international relations.

Conclusion

2017 ◽  
Author(s):  
Charles Chernor Jalloh ◽  
Ilias Bantekas
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
International Crimes ◽  
National Implementation ◽  
Un Security Council ◽  
Heads Of State ◽  
The Relationship

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. This work analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, acting individually or within the framework of the African Union, and the permanent Hague-based ICC. Topics examined include Africa, the ICC, and universal jurisdiction; the controversial use of the Prosecutor’s proprio motu power to initiate investigations in Africa; national implementation of the ICC statute in Africa; the complementarity principle; the sequencing of justice and peace; the question of immunity of sitting heads of state; the controversial role of the UN Security Council in referring and deferring situations under ICC investigation; the role of African domestic and traditional courts in the fight against impunity; and the recent withdrawal of some African states parties from the ICC.

The Rise of the African Union Opposition to the International Criminal Court’s Investigations and Prosecutions of African Leaders

2013 ◽  
Vol 13 (2) ◽  
pp. 385-428 ◽  
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
International Criminal ◽  
African State ◽  
Criminal Court ◽  
African Union ◽  
Double Standards ◽  
International Crimes ◽  
State Immunity ◽  
Court Of Justice ◽  
Head Of State ◽  
International Court

On 9 January 2012 the African Union (AU) stated that it ‘shall oppose any ill-considered, self-serving decisions of the ICC [International Criminal Court] as well as any pretensions or double standards that become evident from the investigations, prosecutions and decisions by the ICC relating to situations in Africa’. These relate to the United Nations [UN] Security Council referrals (in Darfur/Sudan and Libya) and the Prosecutor’s investigations proprio motu (in Kenya). This article considers the rise of the AU opposition to the ICC investigations and prosecutions in Africa directed against current African State leaders focusing on three issues. First, whether customary international law creates an exception to Head of State immunity when international courts, such as the ICC, seek a Head of State’s arrest for the commission of international crimes. Second, whether the International Court of Justice can decide on immunity of State officials sought by the ICC. Third, whether the AU should empower the African Court of Justice and Human Rights with the jurisdiction to prosecute individuals for international crimes committed in Africa.

scholarly journals The Role Of Ideological State Apparatuses In Identity Formation In Qaisra Shahraz’s: The Holy Woman

2017 ◽  
Vol 14 (1) ◽  
pp. 37-52
Author(s):  
Amna Saeed ◽  
Azher Khan
Keyword(s):  
Identity Formation ◽  
The Novel ◽  
Double Standards ◽  
Louis Althusser ◽  
Natural Laws ◽  
Political Ideologies ◽  
Patriarchal Society ◽  
Norms And Values ◽  
The Status

This research aims to critically analyze the role of Ideological State Apparatuses, defined by Louis Althusser, in identity formation of Zari Bano, the protagonist in the novel “The Holy Woman” written by Qaisra Shahraz. According to Althusser, ideology functions through ISAs which change individuals to ideological subjects within capitalist society. This study focuses on the influences of the cultural ISA, the political ISA and the family ISA on the character of Zari Bano. The study also analyzes the moments of ‘interpellation’ by critically evaluating the text of the novel and reveals how the characters act in certain ways and blindly accept certain beliefs and ideologies. The findings of the research indicate that the ISAs play a crucial role in formation of individuals’ identities and the socio-cultural / political ideologies set double standards in a patriarchal society, particularly for women, which are difficult to challenge. The research is significant as it deals with the issue of passive discursive ideologies at work in setting up different norms and values in a patriarchal society and how these are given the status of natural laws of life to be followed blindly by the social subjects. This research study is limited to the analysis of interpellation and ISAs only on Zari Bano and the characters closely related to her within the first part of the novel. The study is replicable and may draw attention of the scholars to investigate the role of ISAs other than those in this paper and explain action and reactions of the characters involved.

scholarly journals KEWENANGAN PELAKSANA TUGAS MENTERI DALAM MENGAMBIL KEPUTUSAN DAN TINDAKAN YANG BERSIFAT STRATEGIS BERDASARKAN UNDANG - UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 178-187
Author(s):  
Sigit Egi Dwitama
Keyword(s):  
Ad Hoc ◽  
Field Research ◽  
Secondary Data ◽  
Mineral Resources ◽  
Strategic Decision ◽  
Strategic Decisions ◽  
Government Officials ◽  
Legal Validity ◽  
Library Studies ◽  
The Status

One form of decree that is included in the scope of state administration is a Ministerial Decree, which is a decision determined and issued by a minister who is always concrete-individual in the form of administrative stipulations (beschikking). However, not all departments and/or government officials such as the Minister have the authority to form these decisions, because in forming decisions can be seen from the status of government officials as an example of the Ad Interim Minister who does not have the authority to issue strategic decisions. But different problems arise when there is Ad Interim of Energy and Mineral Resources Minister Luhut Binsar Pandjaitan issued Decree Number 6752 K / 70 / MEM / 2016 concerning Dissolution of Ad Hoc Organizational Units in the Ministry of Energy and Mineral Resources, which basically was a strategic decision. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and electronic media. The results of this study consist of 2 (two) analyzes, namely First, the position of the Acting Decree of the Minister of ESDM does not have legal validity because there is a disability when viewed from the aspect of authority, formation process, and the purpose of its establishment with legislation and AUPB and Second, towards legal validity which is not possessed by the Minister's decree executor, the decree becomes invalid and a mechanism is needed to cancel the decree.

The African Court of Justice and Human Rights: A Judicial Curate’s Egg

2012 ◽  
Vol 9 (2) ◽  
pp. 383-449 ◽  
Author(s):  
Gino J Naldi ◽  
Konstantinos D. Magliveras
Keyword(s):  
Human Rights ◽  
Criminal Court ◽  
African Union ◽  
International Court Of Justice ◽  
Intergovernmental Organization ◽  
International Crimes ◽  
Court Of Justice ◽  
International Court ◽  
Definition Of

The present article analyzes the African Court of Justice and Human Rights, the proposed “main judicial organ of the African Union”. The African Court of Justice and Human Rights is meant to replace the African Court of Human and Peoples’ Rights and would therefore constitute a unique international judicial body combining the jurisdiction of the judicial organ of an intergovernmental organization with the jurisdiction of a regional human rights court. It shares features of the International Court of Justice and the Inter-American Court of Human Rights. In a highly contentious move detrimental to the role of the International Criminal Court, it is currently proposed to extend its jurisdiction over international crimes, the definition of which goes much further than that currently accepted by the international community, raising the prospect of conflicting obligations. The Court’s governing instruments are too ambitious and contain some significant flaws and the case for doing away with the now operational African Court of Human Rights and Peoples’ Rights seems unconvincing. Even though the Court has not yet been established, its structure and mandate do pose many challenging questions that deserve to be thoroughly investigated by drawing comparisons with the existing similar judicial organs in other international organizations.

The Malabo Protocol, the ICC, and the Idea of ‘Regional Complementarity’

2019 ◽  
Author(s):  
Sarah Nimigan
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Judicial Interpretation ◽  
Ongoing Development ◽  
Principle Of Complementarity

Abstract The African Union (AU) has taken steps to regionalize international criminal law through the expansion of the African Court of Justice and Human Rights (ACJHR) vis-à-vis the Malabo Protocol. The principle of complementarity is a cornerstone of the Rome Statute of the International Criminal Court (ICC). The Rome Statute crystallizes a complementary relationship between the ICC and domestic legal systems under Article 17 but makes no mention of regional or ad hoc jurisdictions. Prospects for including regional jurisdictions within the principle of complementarity are contingent upon a positive judicial interpretation of the principle and clearly established obligations at each level. It will necessarily require funding and support by states. Such an approach will contribute to the ongoing development of a robust system of international criminal justice. In order to effectively resolve the issue of competing mandates and effective domestic implementation, a cooperative model needs to be espoused. Although hypothetical at present, the idea of ‘regional complementarity’ is one worth thinking about in the context of constructive reform at the ICC. The prospective ACJHR offers a useful framework to analyse the potential role of regional mechanisms within the international criminal law project, broadly considered.

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