African States, the African Union, and the International Criminal Court : A Continuing Story
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African States, the African Union, and the International Criminal Court : A Continuing Story
Werle, Gerhard | Vormbaum, Moritz
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 17–42
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Gerhard Werle, Professor for German and International Criminal Law, Criminal Procedure, and Modern Legal History at Humboldt-Universität zu Berlin, and Director of the South African-German Centre for Transnational Criminal Justice.
Moritz Vormbaum, Professor for Criminal Law, Criminal Procedure, and International Criminal Law at the University of Münster, and Lecturer at the South African-German Centre for Transnational Criminal Justice.
Cited By
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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]
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’.
Table of Contents
| 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 |