Overview
Adds an African voice to international criminal justice
Explores various perspectives to understanding national courts and their role in international criminal adjudication
Focuses on the years since the Complementarity Regime of the International Criminal Court was adopted
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Table of contents (17 chapters)
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Front Matter
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African Union’s Perspectives on the Complementarity Principle in Africa
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Front Matter
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The Complementarity Principle and Prospectives
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Front Matter
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Ongoing Prospectives and Challenges of National Accountability for International Crimes in Africa
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Front Matter
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Reflecting on National Accountability for Pre-Rome Statute International Crimes
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Front Matter
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Keywords
- African politics
- criminal justice
- International Criminal Court ICC
- accountability for international crimes
- Rome Statute of the International Criminal court
- International Criminal Court and Complementarity
- principle of complementarity
- policy reforms in Africa
- Africa’s national courts
- international law
About this book
This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.
Reviews
"This collection of essays brings together fresh voices in international criminal law to tackle perhaps the most misunderstood, and potentially the most important, concept in modern international criminal law: complementarity. By addressing the prospects and challenges of national-level prosecution of the most serious crimes in international law, the book opens up avenues for further reflection." (Dire Tladi, Professor and NRF SARChI Chair of International Constitutional Law, South Africa)
Editors and Affiliations
About the editors
Emma Charlene Lubaale is Associate Professor in the Faculty of Law at Rhodes University, South Africa. She holds LL.D and LL.M degrees from the University of Pretoria. She obtained an LL.B from Makerere University, a post-graduate diploma in legal practice from Uganda’s Law Development Center and a post-graduate diploma in Higher Education from the University of KwaZulu Natal. Her teaching and research interests are in criminal law, international human rights law, international criminal law, women and children’s rights. She is a member of the Organization of Women in Science for the Developing World, the South African Young Academy of Science, and a fellow with the African Science Leadership Program.
Ntombizozuko Dyani-Mhango holds LL.B and LL.M degrees from the University of the Western Cape, South Africa, and Doctor of Juridical Science degree from the University of Wisconsin-Madison, USA. She is Full Professor of International Law and Head of the Department of Public Law in the Faculty of Law at the University of Pretoria, South Africa. She teaches courses and supervises students in public international law, international criminal law, and constitutional law. She is an inaugural fellow of the Pan African Scientific Research Council, a member of the Law and Society Association, and the African Society of International Law.
Bibliographic Information
Book Title: National Accountability for International Crimes in Africa
Editors: Emma Charlene Lubaale, Ntombizozuko Dyani-Mhango
DOI: https://doi.org/10.1007/978-3-030-88044-6
Publisher: Palgrave Macmillan Cham
eBook Packages: Political Science and International Studies, Political Science and International Studies (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-030-88043-9Published: 08 February 2022
Softcover ISBN: 978-3-030-88046-0Published: 08 February 2023
eBook ISBN: 978-3-030-88044-6Published: 07 February 2022
Edition Number: 1
Number of Pages: XXVI, 652
Number of Illustrations: 1 b/w illustrations
Topics: African Politics, International Criminal Law , Criminology and Criminal Justice, general, Political Science