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.

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.

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.

scholarly journals PROSECUTING PRESIDENT AL BASHIR, AND THE SHORT ARM OF JUSTICE

2013 ◽  
Vol 25 (1) ◽  
pp. 197-209
Author(s):  
Suzanne Bullock
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Legal Reasoning ◽  
War Crimes ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Head Of State ◽  
International Court ◽  
Heads Of State

Prosecutor v Omar Hassan Ahmad Al BashirIn this decision the Pre-Trial Chamber of the International Criminal Court (ICC) condemned Malawi, as a member state of the ICC, for the failure to comply with the request to arrest and surrender the President of Sudan, Omar Al Bashir. Significantly, the Chamber determined that the traditionally sacrosanct concept of immunity of Heads of State no longer applied before an international court or tribunal. Whilst the intention to create universal jurisdiction over perpetrators of war crimes and crimes against humanity is extremely laudable, the legal reasoning by the Chamber is regrettably unsound. If the decision remains unchallenged, the implication is that no Head of State, whether or not they are a signatory to the ICC, is immune from prosecution on the mere basis of the ICC’s status as an international court.

New Gambian president will re-engage the West

2016 ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Military Coup ◽  
The Political ◽  
Legislative Elections ◽  
The West ◽  
Content Type ◽  
Security Services ◽  
The Military

Significance If Barrow is inaugurated, it will mark the first peaceful transfer of power since the country gained independence. Incumbent Yahya Jammeh, who seized power in a 1994 military coup, was widely expected to claim victory, despite widespread frustration. With the economy stagnant and the unemployment rate among the highest in West Africa, Barrow successfully united much of the political opposition. Jammeh's concession was unexpected given the repression that his security services employed prior to the election. Impacts A new administration will look to draw prominent figures from across The Gambia's ethnic groups. Security will remain taut ahead of the upcoming inauguration and legislative elections scheduled for April. The new government could renew its commitment to the International Criminal Court (ICC). There could be widespread calls for the prosecution of Jammeh, which may provoke unrest within the military and new coup fears.

US ICC sanctions are unlikely but spats will come

2018 ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
International Human Rights ◽  
Content Type ◽  
Existential Crisis ◽  
Us Military ◽  
International Human ◽  
Eastern And Southern Africa

Subject The United States, the International Criminal Court and international legal investigations. Significance The International Criminal Court (ICC) is being criticised for its paltry conviction record, alleged targeting of particular states and leaders and possibly existential crisis of being unable to prosecute many international criminals. On September 10, US National Security Advisor John Bolton questioned the ICC's legitimacy and applicability, threatening sanctions against its leadership if it pursued investigations against US military personnel for controversial incidents in Afghanistan or against US allies. Impacts African states may push the ICC to refocus away from eastern and southern Africa. Some leaders could use US criticisms of the ICC as cover to violate international human rights. Washington may increasingly seek bilateral protections against ICC involvement in US global activities. The ICC may recalibrate its approach to disputes, seeking other support for its activities.

Prosecutor v. Omar Al-Bashir, Judgment in the Jordan Referral Re Al-Bashir Appeal (Int'L Crim. Ct.)

2019 ◽  
Vol 58 (6) ◽  
pp. 1177-1233
Author(s):  
Thomas Weatherall
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
United Nations Security Council ◽  
International Courts ◽  
The Third ◽  
Heads Of State

On May 6, 2019, the Appeals Chamber (AC) of the International Criminal Court (ICC) delivered its judgment in Jordan's appeal of the December 11, 2017 decision of the Pre-Trial Chamber (PTC) in Prosecutor v. Al-Bashir. The first and second grounds of appeal concerned whether Jordan had complied with its duty to cooperate with the request of the Court to arrest and surrender Al-Bashir. The third ground of appeal concerned whether the PTC abused its discretion in referring Jordan's noncompliance to the Assembly of States Parties to the Rome Statute (ASP) and the United Nations Security Council (UNSC). Prior to the judgment, ICC PTCs had created divergent jurisprudence regarding the immunity of incumbent heads of state before international courts.

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.

Sign in / Sign up

Export Citation Format

Share Document