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Fighting Impunity Unsuccessfully in Africa: A Critique of the African Union's Handling of the Hissène Habré Affair

Fighting Impunity Unsuccessfully in Africa: A Critique of the African Union's Handling of the... FIGHTING IMPUNITY UNSUCCESSFULLY IN AFRICA: A CRITIQUE OF THE AFRICAN UNION'S HANDLING OF THE HISSÈNE HABRÉ AFFAIR KONSTANTINOS D. MAGLIVERAS I. INTRODUCTION Impunity for the commission of grave infringements of humanitarian law and for the perpetration of mass violations of human rights having an international dimension has been and continues to be a most serious problem.1 It does not pertain only to the African continent but has been a cause for concern for almost all parts of the world. Moreover, it is closely connected with the need to put into place an effective multilateral criminal justice system. Thus, combating impunity demands that a mechanism be devised which will ensure that those responsible for heinous crimes are prosecuted and, upon conviction, receive sentences commensurate to their offences. As has been argued, the assumption that the creation of an international justice system would always generate positive results is both wrong and naïve.2 Given the lack of any other alternative that would stand the test of time, however, it is submitted that, even though there might be good tribunals and bad tribunals, the establishment of a judicial entity cannot be wrong in itself. The Preamble to the Rome Statute establishing the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Fighting Impunity Unsuccessfully in Africa: A Critique of the African Union's Handling of the Hissène Habré Affair

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2014
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2014.0101
Publisher site
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Abstract

FIGHTING IMPUNITY UNSUCCESSFULLY IN AFRICA: A CRITIQUE OF THE AFRICAN UNION'S HANDLING OF THE HISSÈNE HABRÉ AFFAIR KONSTANTINOS D. MAGLIVERAS I. INTRODUCTION Impunity for the commission of grave infringements of humanitarian law and for the perpetration of mass violations of human rights having an international dimension has been and continues to be a most serious problem.1 It does not pertain only to the African continent but has been a cause for concern for almost all parts of the world. Moreover, it is closely connected with the need to put into place an effective multilateral criminal justice system. Thus, combating impunity demands that a mechanism be devised which will ensure that those responsible for heinous crimes are prosecuted and, upon conviction, receive sentences commensurate to their offences. As has been argued, the assumption that the creation of an international justice system would always generate positive results is both wrong and naïve.2 Given the lack of any other alternative that would stand the test of time, however, it is submitted that, even though there might be good tribunals and bad tribunals, the establishment of a judicial entity cannot be wrong in itself. The Preamble to the Rome Statute establishing the

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Oct 1, 2014

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