Realising the Potential of the International Criminal Court: The African Experience

Bekou, Olympia; Shah, Sangeeta

doi:10.1093/hrlr/ngl011

Cited by 10 publications

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“…A monist State may not require enabling legislation to implement a treaty domestically because the treaty normally has a direct legal effect in the national legal system without a legislative act. 64 On the contrary, in a dualist State, a treaty does not automatically become law domestically without the enabling statute adopted by the legislature. 65 Monist States such as Germany, the Netherlands, and Spain adopt two or more new enactments or amend the necessary criminal laws or criminal procedures for the implementation of the Rome Statute.…”

Section: Choosing the Correct Type Of Implementing Legislation For Ma...mentioning

confidence: 99%

Incorporating the Rome Statute Into National Law: Lessons for Malaysia

Abdul Ghafur Hamid@ Khin Maung Sein

2023

IIUMLJ

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Although the former Malaysian government, due to political pressure, decided not to proceed with accession to the Rome Statute, this is not the end of the game. To join the Rome Statute had been in principle accepted by preceding governments and has been the ardent hope of the civil society. How to incorporate the Rome Statute into the Malaysian legal system has been deliberated among the Malaysian government (including the Attorney General’s Chambers and the Ministry of Foreign Affairs), Malaysian Parliamentarians, and civil society since a long time ago. As adopting the Rome Statute is in the best interest of humanity as a whole, the idea will definitely revive at any time in the future when the political climate is favourable. The objectives of the present paper, therefore, are to rebut the main objections against the Rome Statute and to identify the best way of incorporating the Rome Statute into the Malaysian law once Malaysia decides to accede to it. This is a doctrinal legal research supplemented by a comparative methodology, focusing on an analysis of key provisions of the Rome Statute and the Malaysian laws that could be affected, and a comparison between the practices of selected dualist and monist countries. The paper finds that Malaysia, as a dualist State, should opt for applying the single comprehensive enactment modality rather than the multiple one. It is in the best interest of Malaysia for clarity and effectiveness purposes. It concludes with recommendations for the proposed draft implementing legislation, together with suggestions for consequential amendments.

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Section: Choosing the Correct Type Of Implementing Legislation For Ma...mentioning

confidence: 99%

Incorporating the Rome Statute Into National Law: Lessons for Malaysia

Abdul Ghafur Hamid@ Khin Maung Sein

2023

IIUMLJ

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“…Th ey lost much needed American assistance. 174 It is so far unclear whether that aid has been reinstated under the new Obama Administration.…”

Section: Th E "Double Standard" and Us "Exceptionalism"mentioning

confidence: 99%

Regionalizing International Criminal Law?

Jalloh

2009

Int Crim Law Rev

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Th is article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. Th e author situates the ICC within broader African eff orts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa's numerous confl icts, could contribute signifi cantly to the continent's fl edgling peace and security architecture which aims to prevent, manage and resolve confl icts and to anticipate and avert crimes against humanity. On the other hand, the author suggests that the ICC also has much to gain from Africa, especially in these early years when it is seeking to become a functional court of law with global legitimacy. By undertaking independent, fair and credible prosecutions without alienating States Parties, the world criminal court is more likely to fulfi ll its mandate and to win over powerful hold outs, such as the United States, China, and India. Th is will help it co-opt the support necessary for its universal reach and future success. However, he cautions that given Africa's sensitive historical experience with foreign interventions, including the slave trade and colonialism, the international criminal justice regime anchored on the ICC may be undermined, or perhaps even falter, if it is perceived as having a biased, politicized or insensitive application to a single region of the world.

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Realising the Potential of the International Criminal Court: The African Experience

Cited by 10 publications

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Incorporating the Rome Statute Into National Law: Lessons for Malaysia

Incorporating the Rome Statute Into National Law: Lessons for Malaysia

Regionalizing International Criminal Law?

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