National Accountability for International Crimes in Africa

'This collection of essays brings together fresh voices in international criminal law to tackle perhaps the most misunderstood, and potentially the most important, concept in modern international criminal law: complementarity. By addressing the prospects and challenges of national-level prosecution of the most serious crimes in international law, the book opens up avenues for further reflection.'

• Dire Tladi, Professor and NRF SARChI Chair of International Constitutional Law, South Africa

This book critically examines the issues pertaining to the Rome Statute's complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states' international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

Emma Charlene Lubaale is Associate Professor in the Faculty of Law at Rhodes University, South Africa. She holds LL.D and LL.M degrees from the University of Pretoria. She obtained an LL.B from Makerere University, a post-graduate diploma in legal practice from Uganda's Law Development Center and a post-graduate diploma in Higher Education from the University of KwaZulu Natal. Her teaching and research interests are in criminal law, international human rights law, international criminal law,women and children's rights. She is a member of the Organization of Women in Science for the Developing World, the South African Young Academy of Science, and a fellow with the African Science Leadership Program.

Ntombizozuko Dyani-Mhango holds LL.B and LL.M degrees from the University of the Western Cape, South Africa, and Doctor of Juridical Science degree from the University of Wisconsin-Madison, USA. She is Full Professor of International Law and Head of the Department of Public Law in the Faculty of Law at the University of Pretoria, South Africa. She teaches courses and supervises students in public international law, international criminal law, and constitutional law. She is an inaugural fellow of the Pan African Scientific Research Council, a member of the Law and Society Association, and the African Society of International Law.

Auteur

Emma Charlene Lubaale is Associate Professor in the Faculty of Law at Rhodes University, South Africa. She holds LL.D and LL.M degrees from the University of Pretoria. She obtained an LL.B from Makerere University, a post-graduate diploma in legal practice from Uganda's Law Development Center and a post-graduate diploma in Higher Education from the University of KwaZulu Natal. Her teaching and research interests are in criminal law, international human rights law, international criminal law, women and children's rights. She is a member of the Organization of Women in Science for the Developing World, the South African Young Academy of Science, and a fellow with the African Science Leadership Program.

Ntombizozuko Dyani-Mhango holds LL.B and LL.M degrees from the University of the Western Cape, South Africa, and Doctor of Juridical Science degree from the University of Wisconsin-Madison, USA. She is Full Professor of International Law and Head of the Department of Public Law in the Faculty of Law at the University of Pretoria, South Africa. She teaches courses and supervises students in public international law, international criminal law, and constitutional law. She is an inaugural fellow of the Pan African Scientific Research Council, a member of the Law and Society Association, and the African Society of International Law.

Texte du rabat

This book critically examines the issues pertaining to the Rome Statute's complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states' international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

Contenu

Introduction.- Chapter 1. Relevance of Debates on National Accountability for International Crimes in Africa.- Part I: African Union's Perspectives on the Complementarity Principle in Africa.- Chapter 2. An Effective Complement To National Criminal Justice Systems, Operating Within the Highest Standards of International Justice?: African States, The International Criminal Court & Complementarity.- Chapter 3. Appraising The Regime Of Cooperation Under The Malabo Protocol.- Chapter 4. Universal Jurisdiction as a tool in promoting accountability for international crimes in Africa: Exploring the Significance of Hissène Habré's Conviction.- Chapter 5. Complementarity and criminal liability of companies in Africa: Missing the mark?.- Part II: The Complementarity Principle and Prospectives.- Chapter 6. Expanding the Scope of Complementarity? Towards Institutionalised Complementarity Between the International Criminal Court And National Criminal Justice Systems In Africa.- Chapter 7. African Restorative Justice Approaches as Complementarity: The Case of Libya.- Chapter 8. Now Available But Still Not Accessible to the ICC: Bashir And Africa's Politics.- Part III: Ongoing Prospectives and Challenges of National Accountability for International Crimes in Africa.- Chapter 9. Complementarity and federalism: Prosecuting international crimes under the Rome Statute complementarity principle in Nigeria as a Federal State.- Chapter 10. Accountability For Violations Against Internally Displaced Persons In Nigeria: Finding A Nexus Between International Criminal Justice And Human Rights Violations'.- Chapter 11. The establishment of the Hybrid Court For South Sudan and the Special Criminal Court For Central African Republic: Challenges And Prospects.- Chapter 12. A Critical Assessment of the International Crimes Division of the High Court of Uganda.- Chapter 13. Wild Goose Chase, Or A Quest for Genuine Prosecution? Lessons From Uganda's Ongoing Trial of Thomas Kwoyelo.- Part IV: Reflecting on National Accountability for Pre-Rome Statute International Crimes.- Chapter 14. South Africa's Accountability for International Crimes: Revisiting the (Non) Prosecution of Perpetrators of Apartheid for Crimes against Humanity.- Chapter 15. A History of Atrocity: Patterns, Perpetrators and Prospects for Accountability for International Crimes in Zimbabwe.- Chapter 16. Unpacking Gukurahundi Atrocities Against the Ndebeles of Zimbabwe: What Are the Possibilities for Individual Criminal Responsibility Of The Perpetrators Under International Criminal Law?.- Conclusion.- Chapter 17. Where to, now?