Search result: 4 articles

x
The search results will be filtered on:
Journal African Journal of International Criminal Justice x
Article

Crimes Against Humanity in the “Western European & Other” Group of States

A Continuing Tradition

Journal African Journal of International Criminal Justice, Issue 2 2020
Keywords crimes against humanity, Western Europe and Other Group of States, WEOG, Draft Articles on the Prevention and Punishment of Crimes Against Humanity
Authors Beth Van Schaack
AbstractAuthor's information

    The Western Europe and Other Group of states have a long history with crimes against humanity. They were pivotal in the juridical creation of this concept, in launching prosecutions in both international and national courts, and in formulating the modern definition of the crime. However, some members have expressed concerns around the International Law Commissions Draft Articles on the Prevention and Punishment of Crimes Against Humanity. This article provides a summary of the history of crimes against humanity in the Western Europe and Other Group of states, as well as the current status of crimes against humanity in their legal systems. It argues that although these states have successfully incorporated crimes against humanity into their legal frameworks, it would be beneficial for them to embrace the proposed Crimes Against Humanity Convention.


Beth Van Schaack
Leah Kaplan Visiting Professor of Human Rights, Stanford Law School.

    This article explores the politics of international criminal justice and argues that the International Criminal Court is a lieu of staged performance where actors deploy their political narratives. Using the Situation in the Republic of Côte d’Ivoire before the ICC and focusing on the pre-trial phase, I contend that the defendants Laurent Gbagbo and Charles Blé Goudé project a performance and deploy political narratives that are the extension of the politics of the Ivorian crisis, which make the Court the quintessential arena where domestic and international politics cohabit with law and rules of procedure.


Oumar Ba
Oumar Ba is a PhD Candidate in the Department of Political Science at the University of Florida.
Article

Access_open International Criminal Court in the Trenches of Africa

Journal African Journal of International Criminal Justice, Issue 0 2014
Keywords Africa and International Criminal Court, Amnesty and war crimes, International Criminal Court, International criminal justice, Peace agreements
Authors Lydia A. Nkansah
AbstractAuthor's information

    The pursuit of international criminal justice in Africa through the International Criminal Court (ICC) platform has not been without hitches. There is a rift between the African Union (AU), as a continental body, and the ICC owing to the AU’s perception that the ICC is pursuing selective justice and the AU’s misgivings about the ICC’s indictment /trial of some sitting heads of states in Africa. This article argues that the claim of selective justice cannot be dismissed because it undermines the regime of international criminal justice. The indictment/trial of serving heads of states also has serious constitutional and political implications for the countries involved, but this has been ignored in the literature. Further, the hitches arise both from the failure of the ICC to pay attention to the domestic contexts in order to harmonize its operations in the places of its interventions and from the inherent weakness of the ICC as a criminal justice system. The ICC, on its part, insists that any consideration given to the domestic contexts of its operations would undermine it. Yet the ICC’s interventions in Africa have had serious political, legal and social implications for the communities involved, jeopardizing the peaceful equilibrium in some cases. This should not be ignored. Using the law to stop and prevent international crimes in African societies would require a concerted effort by all concerned to harmonize the demand for justice with the imperatives on the ground.


Lydia A. Nkansah
LL.B, LL.M (Bendel State University), BL (Ghana & Nigeria), PhD (Walden University) is Senior Lecturer, Faculty of Law, Kwame Nkrumah University of Science and Technology, Kumasi, Ghana. The section of the article under the subheading “Putting the ICC in the Domestic Contexts of its Operation” is partly based on some ideas from the author’s PhD dissertation titled ‘Transitional Justice in Postconflict Contexts: The Case of Sierra Leone’s Dual Accountability Mechanisms’, submitted to Walden University, 2008.
Showing all 4 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.