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Tladi, D (2018). Of Heroes and Villains, Angels and Demons: The ICC-AU Tension Revisited. German Yearbook of International Law, 60(1), 43-68. https://doi.org/10.3790/gyil.60.1.43
Tladi, Dire (2018). "Of Heroes and Villains, Angels and Demons: The ICC-AU Tension Revisited" German Yearbook of International Law, vol. 60no. 1, 2018 pp. 43-68. https://doi.org/10.3790/gyil.60.1.43
Tladi, D (2018). Of Heroes and Villains, Angels and Demons: The ICC-AU Tension Revisited. German Yearbook of International Law, Vol. 60 (Issue 1), pp 43-68. https://doi.org/10.3790/gyil.60.1.43

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Of Heroes and Villains, Angels and Demons: The ICC-AU Tension Revisited

Tladi, Dire

German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 43–68

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Dire Tladi, Professor of International Law, Department of Public Law and Research Fellow Institute of Comparative and International Law in Africa, University of Pretoria. Member of the UN International Law Commission and its Special Rapporteur on the topi

Abstract

The article re-visits the ICC-AU tension from the lens of the hero-villain trend. It considers the main themes in the ICC-AU debate, namely whether the International Criminal Court (ICC) is targeting Africans and the question of immunity, in the light of the arguments made by the respective interlocutors of the ICC and the African Union (AU). It adopts, as a starting point, the position that the idea that one side is wrong and the other side is right (referred to as the hero-villain approach) is overly simplistic and proceeds to show how complex the issues relating to the ICC-AU tension are. In sum, the article questions both the ICC’s claim to neutrality and the AU’s claim of champion of decolonisation. The article concludes with a postscript to account for the Prosecutor’s recent decision to seek an investigation into the situation in Afghanistan.

Table of Contents

Section Title Page Action Price
Dire Tladi: Of Heroes and Villains, Angels and Demons:The ICC-AU Tension Revisited 1
I. Introduction 1
II. The ICC Targets Africa 4
A. General 4
B. Africans Have Referred the Situations Themselves 6
C. Jurisdictional Constraints Prevent the ICC from Looking Elsewhere 7
D. The Role of Power 1
III. Immunity Debate 1
A. General 1
B. The AU’s Position Concerning Immunities of Heads of State 1
C. The ICC’s Approach(es) to the Question of Immunity 1
IV. Conclusion 2
Post-Script 2