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Unpacking the Tension Between the African Union and the International Criminal Court: the Way Forward

Unpacking the Tension Between the African Union and the International Criminal Court: the Way... OVO IMOEDEMHE I. INTRODUCTION It has been asserted that the international criminal justice regime anchored on the complementarity of the international criminal court (ICC) could be undermined by distrust, much of which stems from Africa's historical experience with the slave trade and colonialism. 1 This contention seems well-founded, as the ICC is widely perceived as selective and biased against Africa.2 The perception appears to be justified by the fact that, although the ICC has the potential to cover all states, whether they are party to the Rome Statute of the International Criminal Court3 or not, it has only African cases before it, even after utilising all the means by which it may be seized of jurisdiction.4 As a result, Africans are portrayed as being exclusively responsible for all of humanity's inhumanity.5 Relations between the ICC and the African Union (AU) deteriorated from cooperation to conflict following the indictment of President Omar Hassan Ahmad Al-Bashir of Sudan for crimes against humanity and genocide. The basis for the tension seems to have been the involvement of the United Nations Security Council (hereafter `Security Council') in the referral of the situation in Darfur, Sudan to the ICC and its subsequent refusal http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Unpacking the Tension Between the African Union and the International Criminal Court: the Way Forward

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2015
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2015.0111
Publisher site
See Article on Publisher Site

Abstract

OVO IMOEDEMHE I. INTRODUCTION It has been asserted that the international criminal justice regime anchored on the complementarity of the international criminal court (ICC) could be undermined by distrust, much of which stems from Africa's historical experience with the slave trade and colonialism. 1 This contention seems well-founded, as the ICC is widely perceived as selective and biased against Africa.2 The perception appears to be justified by the fact that, although the ICC has the potential to cover all states, whether they are party to the Rome Statute of the International Criminal Court3 or not, it has only African cases before it, even after utilising all the means by which it may be seized of jurisdiction.4 As a result, Africans are portrayed as being exclusively responsible for all of humanity's inhumanity.5 Relations between the ICC and the African Union (AU) deteriorated from cooperation to conflict following the indictment of President Omar Hassan Ahmad Al-Bashir of Sudan for crimes against humanity and genocide. The basis for the tension seems to have been the involvement of the United Nations Security Council (hereafter `Security Council') in the referral of the situation in Darfur, Sudan to the ICC and its subsequent refusal

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2015

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