2017
DOI: 10.1017/s0260210517000407
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African resistance to the International Criminal Court: Halting the advance of the anti-impunity norm

Abstract: The creation of the International Criminal Court (ICC) in 1998 marked a substantial advance in the effort to ensure all perpetrators of mass atrocities can be brought to justice. Yet significant resistance to the anti-impunity norm, and the ICC as the implementing institution, has arisen in Africa. The ICC has primarily operated in Africa, and since it sought to indict the sitting Sudanese President Omar al-Bashir in 2008 resistance from both individual African states and the African Union has increased substa… Show more

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Cited by 59 publications
(23 citation statements)
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References 30 publications
(3 reference statements)
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“…Hierarchical contestation is conceptually similar to the 'consistent constructivism' raised by Kurt Mills and Alan Bloomfield (2018): clashes of interest boil down to competing claims about norms precedence. The discussions concerning humanitarian intervention-whether states' sovereignty rights trump individual human rights-may serve as an example of hierarchical contestation in today's international politics, in which two norms openly clash and different states interpret differently which norm trumps the other (Wheeler 2002).…”
Section: (Re)constructions Of Deviance and The Typology Of Normative mentioning
confidence: 96%
“…Hierarchical contestation is conceptually similar to the 'consistent constructivism' raised by Kurt Mills and Alan Bloomfield (2018): clashes of interest boil down to competing claims about norms precedence. The discussions concerning humanitarian intervention-whether states' sovereignty rights trump individual human rights-may serve as an example of hierarchical contestation in today's international politics, in which two norms openly clash and different states interpret differently which norm trumps the other (Wheeler 2002).…”
Section: (Re)constructions Of Deviance and The Typology Of Normative mentioning
confidence: 96%
“…The Council initially ignored this petition and then decided not to discuss it but only to ‘take note’ of it in its resolution 828 (UN Security Council, 2008). Outraged at this, the AU issued the so-called Sirte-declaration in response, requesting AU member states not to cooperate with the ICC regarding the arrest warrant on Sudan’s President, Omar al-Bashir (African Union, 2009; see also Jalloh, 2017: 204–206; Mills and Bloomfield, 2017: 10–11).…”
Section: Contestation Of the International Criminal Courtmentioning
confidence: 99%
“…18 Kurt Mills and Alan Bloomfield in turn have pointed to the risks posed to the ICC by norm 'antipreneurs'. 19 Franziska Boehme highlights domestic political drivers of South African government attitudes towards the ICC, while Kenneth Rodman underlines the extent to which the effectiveness of international criminal tribunals depends on the preferences of materially powerful states. 20 Nor is the ICC alone in its high-profile encounter with backlash.…”
Section: Israel Law Reviewmentioning
confidence: 99%