African Move to Withdraw from the ICC:   Assessment of Issues and Implications

Chipaike, Ronald; Tshuma, Nduduzo; Hofisi, Sharon

doi:10.1177/0974928419860918

Cited by 4 publications

(6 citation statements)

References 8 publications

(6 reference statements)

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“…In modern society, [15] traced the roots of the ICC to the UN diplomatic conference held in Rome, Italy, in 1998 to finalise what became known as the Rome Statute that laid the foundation for a permanent ICC that became operational in 2002. The ICC is a permanent court established in terms of Article 1 of the Rome Statute" [16]. Article 1 of the Rome Statute states that An International Criminal Court is hereby established.…”

Section: Literature Reviewmentioning

confidence: 99%

“…The relationship between ICC and Africa is important in understanding the reaction of the two in critical issues. Africa's relationship with the International Criminal Court (ICC) has been strained over the past few years [16]. Threats by many African states to withdraw from the ICC's jurisdiction have marked a crescendo in the strained relationship (ibid).…”

Section: Africa and International Criminal Courtmentioning

confidence: 99%

“…According to Aljazy and Aljaghoub [19] since Articles 24 and 25 of the UN Charter establish a legal obligation on all states members of the United Nations to accept the decisions of the Security Council, as it had entrusted it with primary responsibility for the maintenance of international peace and security, by doing so, Sudan in principle was bound by the referral decision and the consequent of legal effects to accept the UN Security Council referral of the situation in Darfur to the ICC. However one of the strongest criticisms of the relationship between the ICC and the Security Council is the ability of the members of the Security Council, of which three of the five permanent members are not parties to the Rome Statute, to refer situations involving states not parties to the Court [16]. This makes it interesting because it makes others to be the untouchables and mini gods while others are targets.…”

Section: International Criminal Court and United Nations Security Cou...mentioning

confidence: 99%

“…For example, Burundi, South Africa, and the Gambia had submitted withdrawal notifications. This noncooperation stance by the AU, "had resulted in a situation in which, some African states parties to the ICC statute had failed to cooperate with the ICC in the arrest and surrender of former Sudanese President Al-Bashir when he was in their territory" [16]. This researcher maintains that the noncooperation stance by the AU and its member states presented a challenge for the ICC to arrest former Sudanese President Al Bashir.…”

Section: The African Union African States and The International Crimi...mentioning

confidence: 99%

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Challenges Facing the International Criminal in Trying to Accomplish its Mission Focusing on Omar Al Bashir’s Prosecution

Sakarombe¹

2023

International Journal of Law and Public Policy

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The prosecution of former Sudanese President Omar Al Bashir has attracted great attention in the legal and academic spheres. At the center of the debate are pertinent issues surrounding the challenges and prospects that the International Criminal Court (ICC) is facing in prosecuting former Sudanese President Omar Al Bashir for crimes against humanity and war crimes. Ideally, a leader of a country should be arrested if he or she commits international crimes. However, in the case of Sudan and former President Al Bashir, it was difficult to get cooperation from the government. This article will unpack the role of the ICC in dealing with crimes against humanity and war crimes in Sudan committed by Al Bashir. This research relies documentary search/desk research. The major finding of this study include that there is a legal basis for the presence of ICC in Sudan since the Sudanese case was referred to the ICC by the United Nations Security Council (UNSC). The researcher discovered that the ICC faced a lot of hurdles in exercising its mandate and roles in prosecuting former Sudanese President Al Bashir, one the major challenge was the issue of non-cooperation by the African Union (AU) and African states, this is a challenge because the ICC relies on state cooperation to arrest Al Bashir. Another relevant finding is that there are prospects that Al Bashir will be arrested, this is due to unfolding events in Sudan. The researcher discovered that the new military government in Sudan, is showing signs of cooperation which would likely affect some African countries and the AU to cooperate with the ICC in arresting Al Bashir and surrendering him for trial in the ICC. In line with the conclusion, this study recommends that African states and the AU should consider contributing and cooperating with the ICC so that it can effectively operate in prosecuting perpetrators of international crimes.

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Section: Literature Reviewmentioning

confidence: 99%

Section: Africa and International Criminal Courtmentioning

confidence: 99%

Section: International Criminal Court and United Nations Security Cou...mentioning

confidence: 99%

Section: The African Union African States and The International Crimi...mentioning

confidence: 99%

See 2 more Smart Citations

Challenges Facing the International Criminal in Trying to Accomplish its Mission Focusing on Omar Al Bashir’s Prosecution

Sakarombe¹

2023

International Journal of Law and Public Policy

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“…Africa and the International Criminal Court (ICC) have featured prominently in recent discourses on international criminal justice (Sunga 2014, Benyera 2018, Chipaike et al 2019. The ICC-Africa question is complex and perforated with controversies.…”

Section: Contestations Of International Justicementioning

confidence: 99%

Timing of transitional justice mechanisms and the implications for the South Sudan peace process

Magara¹

2021

JBA

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The South Sudan peace agreement provides for transitional justice mechanisms aimed at fostering justice and reconciliation. They include the Commission for Truth, Reconciliation and Healing (CTRH) and the Hybrid Court for South Sudan (HCSS). Drawing on qualitative data obtained from interviews, document reviews, and archival research conducted between October 2019 and June 2020 in Addis Ababa, Kampala, and Nairobi, this study delves into the current transitional justice discourses in South Sudan with a particular focus on truth-telling and accountability. The study finds that key contestations relate to when to initiate and implement transitional justice mechanisms, warning that, if not carefully timed, those mechanisms may have a negative impact on the peace process.

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Now Available but Still Not Accessible to the ICC: Bashir and Africa’s Politics

Lubaale

2022

National Accountability for International Crimes in Africa

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African Move to Withdraw from the ICC: Assessment of Issues and Implications

Cited by 4 publications

References 8 publications

Challenges Facing the International Criminal in Trying to Accomplish its Mission Focusing on Omar Al Bashir’s Prosecution

Challenges Facing the International Criminal in Trying to Accomplish its Mission Focusing on Omar Al Bashir’s Prosecution

Timing of transitional justice mechanisms and the implications for the South Sudan peace process

Now Available but Still Not Accessible to the ICC: Bashir and Africa’s Politics

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