Year: 2018
Author: Werle, Gerhard, Vormbaum, Moritz
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 17–42
Abstract
This article analyses the strained relationship between African States, the African Union, and the International Criminal Court. It starts by scrutinising the allegations of ‘anti-Africa bias’ that the African Union and some African States have voiced towards the International Criminal Court. Then it looks at the threat of a pull-out of certain African States parties from the ICC Statute after Burundi, South Africa, and The Gambia declared in October 2016 that they were planning to withdraw from the Court. Finally, it analyses the Malabo Protocol, an initiative by the African Union which aims to create criminal chambers in the African Court of Justice and Human and Peoples’ Rights, simply put: an ‘African Criminal Court’.
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Journal Article Details
Publisher Name: Global Science Press
Language: English
DOI: https://doi.org/10.3790/gyil.60.1.17
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 17–42
Published online: 2018-01
AMS Subject Headings: Duncker & Humblot
Copyright: COPYRIGHT: © Global Science Press
Pages: 26
Keywords: Africa International Criminal Court Universal Jurisdiction Selectivity South Africa Burundi Al-Bashir Heads of State Immunity Malabo Protocol
Author Details
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Transitional Justice
Prosecution
Werle, Gerhard
Vormbaum, Moritz
2022
https://doi.org/10.1007/978-3-662-65151-3_4 [Citations: 0]
| Section Title | Page | Action | Price |
|---|---|---|---|
| Gerhard Werle / Moritz Vormbaum: African States, the African Union, and the International Criminal Court: A Continuing Story | 1 | ||
| I. The Beginning – From Honeymoon to Marital Crisis | 1 | ||
| A. Background to the Tension: Controversy between African Statesand the International Criminal Court | 2 | ||
| B. Validity of the Criticism | 3 | ||
| 1. Racial Bias Against Africans | 4 | ||
| 2. Violation of Heads of State Immunity | 8 | ||
| 3. Reform of the Regulation on the Presence of Accused PersonsBefore the International Criminal Court | 9 | ||
| 4. ‘Abuse’ of Universal Jurisdiction | 1 | ||
| C. Interim Conclusion | 1 | ||
| II. Current Status – Should I Stay or Should I Go? | 1 | ||
| A. South Africa’s Withdrawal Declaration | 1 | ||
| B. The Judicial Aftermath | 1 | ||
| III. The Next Chapter – An ‘African Criminal Court’? | 1 | ||
| A. Content of the Protocol – Overview | 1 | ||
| 1. Establishment of the Chambers | 1 | ||
| 2. Subject Matter Jurisdiction | 1 | ||
| 3. Further Provisions | 2 | ||
| B. Analysis | 2 | ||
| 1. Regionalisation | 2 | ||
| 2. Weaknesses of the Malabo Protocol | 2 | ||
| IV. Conclusions | 2 |