Burundi crisis will pose risks for the wider region

2016 ◽  
Keyword(s):  
Civil War ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
Content Type ◽  
Heads Of State

Subject Regional risks posed by the crisis in Burundi. Significance On January 31, the African Union (AU) heads of state voted against deploying a proposed 5,000-strong peacekeeping force to Burundi to quell violence triggered by President Pierre Nkurunziza's successful bid for a third term in office. The decision indicates tacit support by many leaders, some of whom are planning similar bids. Yet they remain concerned for the wider security implications should a full civil war erupt. Impacts Tanzania's new president, John Magufuli, is best placed to lead future peace talks given his strong standing regionally and internationally. If the crisis becomes genocidal, the UNSC may consider extending its DRC peacekeeping mission's mandate to include Burundi. AU opposition to the International Criminal Court means that Nkurunziza is unlikely to face charges if he steps down or is removed.

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.

New AU chair shows regional dynamics will persist

2017 ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
The Body ◽  
Content Type ◽  
Political Crises ◽  
Regional Dynamics ◽  
Regional Competition ◽  
Heads Of State

Significance The AU Commission is effectively the secretariat of the AU. It has significantly less influence than the AU Assembly of Heads of State and Government, which determines AU policy and is currently headed by Guinean President Alpha Conde. However, the AU Commission plays an important role in shaping the rhetorical focus of the body and has the potential to draw attention to continental challenges. The position is also symbolically important -- competition for the post is fierce -- and highlights the ongoing battle for supremacy between different regional blocs. Impacts Regional competition will obstruct the cohesiveness of the AU. Multiple political crises on the continent will persist this year, challenging the AU’s efficacy. Statements of collective animosity toward the International Criminal Court (ICC) will not prompt a mass withdrawal. Faki will try to re-build bridges with Kenya and Senegal, whose candidates failed in bids for the Chair.

scholarly journals Reflections on the Indictment of Sitting Heads of State and Government and Its Consequences for Peace and Stability and Reconciliation in Africa

2014 ◽  
Vol 7 (1) ◽  
pp. 43-59 ◽  
Author(s):  
Charles Chernor Jalloh
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Practical Reasons ◽  
African Countries ◽  
Global Consensus ◽  
Rules Of Procedure ◽  
Chief Prosecutor ◽  
Heads Of State ◽  
Current Concerns

Abstract In these remarks, the author considers the most recent challenge to the application of international criminal justice in Africa: Kenya’s controversial November 2013 proposal to amend the Rome Statute of the International Criminal Court to temporarily exempt from prosecution sitting presidents accused of involvement with international crimes. He examines several legal and practical reasons why such a proposal is untenable. Instead, citing the principle of complementarity and urging the principled use of judicial and prosecutorial discretion, he contends that much of the African Union’s current concerns about the Kenya Situation can be addressed within the confines of existing Rome Law. This is important because, even if it is possible for African countries to secure amendments to the Rules of Procedure and Evidence, African States Parties are unlikely able to secure the global consensus required to effect substantive amendments to the 1998 treaty. On the other hand, the author suggests that the International Criminal Court officials, especially the judges and the chief prosecutor, can help bridge the apparent gap between the Court and its African supporters. Towards that end, they should consider taking a more flexible and more nuanced approach to their interpretations and application of several important provisions contained in their founding statute. Eschewing a one-size fits all approach, it is submitted that each African situation is unique – both in the scope of the problem, and in the solution required in the necessary fight against impunity in Africa.

South Africa's president will battle to stay on

2016 ◽  
Keyword(s):  
Trade Union ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Activity ◽  
Criminal Court ◽  
Content Type ◽  
Electoral Campaign ◽  
International Standing

Significance This followed the publication of a public protector report the previous day outlining damaging evidence of alleged collusion between government ministers and Zuma associates, the Gupta family, including potential criminal activity. The report's findings have sparked fears of a constitutional crisis, with a commission of inquiry to be established within 30 days. Impacts Divisions between the ANC's nine provincial bodies will increase as pro- and anti-Zuma camps crystallise, leading to internal party unrest. The alliance between the ANC and its trade union partners will likely weaken further and hamper the party's 2019 electoral campaign. Pretoria's international standing could suffer further after the announcement that it wished to leave the International Criminal Court.

The Selection of Situations by the ICC: An Empirically Based Evaluation of the otp’s Performance

2015 ◽  
Vol 15 (1) ◽  
pp. 1-39 ◽  
Author(s):  
Alette Smeulers ◽  
Maartje Weerdesteijn ◽  
Barbora Hola
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
African Union ◽  
Political Leaders ◽  
International Crimes ◽  
Explorative Study ◽  
Selection Policy ◽  
Selection Of

The main aim of the International Criminal Court (icc) is to prosecute the most serious crimes of concern to the international community. One of the most valued features of the icc is the independent position of the Prosecutor in selecting situations and cases to investigate. The Prosecutor, however, has been heavily criticized for his selection policy and countries from the African Union even threatened to withdraw from the icc because of its alleged bias and unfair focus on African political leaders. In this article we present the results of our explorative study in which we empirically evaluate the situations selection policy of the icc Prosecutor. We conclude that given the icc’s limited jurisdictional reach, the Prosecutor is generally focusing on the gravest situations where international crimes are supposedly committed.

scholarly journals The African Union, the United Nations Security Council and the Politicisation of International Justice in Africa

2014 ◽  
Vol 7 (3) ◽  
pp. 351-379 ◽  
Author(s):  
Benson Chinedu Olugbuo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
African Union ◽  
African Countries ◽  
The United Nations ◽  
The Relationship

There are two questions with multiple answers regarding the relationship between Africa and the International Criminal Court. The first is whether the International Criminal Court is targeting Africa and the second is if politics plays any role in the decision to investigate and prosecute crimes within the jurisdiction of the International Criminal Court. For the African Union, the International Criminal Court has become a western court targeting weak African countries and ignoring the atrocities committed by big powers including permanent members of the United Nations Security Council. The accusation by the African Union against the International Criminal Court leads to the argument that the International Criminal Court is currently politised. This is a charge consistently denied by the prosecutor of the International Criminal Court. The aim of this paper is to discuss the relationship between the United Nations Security Council, the International Criminal Court and the African Union. It articulates the role of the three institutions in the fight against impunity and the maintenance of international peace and security with reference to the African continent. The paper argues that complementarity should be applied to regional organisations and that the relationship between the African Union and the International Criminal Court should be guided by the application of positive complementarity and a nuanced approach to the interests of justice. This offers the International Criminal Court and the African Union an opportunity to develop mutual trust and result-oriented strategies to confront the impunity on the continent. The paper further argues that the power of the United Nations Security Council to refer situations to the International Criminal Court and defer cases before the Court is a primary source of the disagreement between the prosecutor and the African Union and recommends a division of labour between the International Criminal Court and the United Nations Security Council.

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