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The International Criminal Court and Africa$
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Charles Chernor Jalloh and Ilias Bantekas

Print publication date: 2017

Print ISBN-13: 9780198810568

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198810568.001.0001

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The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa

The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa

(p.289) 12 The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa
The International Criminal Court and Africa

Charles Chernor Jalloh

Oxford University Press

In June 2014, the African Union adopted the first treaty that would establish an unprecedented regional court with a combined jurisdiction over criminal, human rights, and general matters. The protocol introduced various innovations by, for instance, advancing expanded definitions of core international crimes such as genocide, crimes against humanity, and war crimes; providing for corporate criminal liability; and prohibiting the dumping of hazardous waste into the environment. The AU’s new treaty was concluded in the shadow of tensions between the International Criminal Court (ICC) and some African states and raises theoretical, legal, and policy issues with serious implications for regional and international law. This chapter draws on the lessons of international human rights law to explore the likely impact of the new tribunal on the present and future of international criminal law enforcement globally, especially given the recent purported withdrawals of Burundi, The Gambia, and South Africa from the Rome Statute establishing the ICC.

Keywords:   African Union, International Criminal Court (ICC), Burundi, The Gambia, South Africa, Rome Statute

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