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- miltonlaw: Africa and the Concept of Positive Complementarity The answer to the allegation that Africa is inappropriately targeted by international criminal court could as well lie in the sui generis concept of positive complementary. My doctoral thesis research title is: The international criminal court and positive complementarity: Institutional and legal framework. I. Introduction It is the... (more)
- almariam: Saving the ICC: A Proposal for a Witness Protection Program Justice delayed, again? In late January of this year, I wrote a commentary entitled, “Kenyatta at the ICC: Is Justice Deferred, Justice Denied?” In that commentary I openly expressed my angst over the endless delays, postponements and backpedalling talk about “false evidence” and “lying witnesses” surrounding the Uhuru Kenyatta trial at The Hague. I felt there was perhaps... (more)
- almariam: Kenyatta at the ICC: Is Justice Deferred, Justice Denied? I am getting a little jittery over the repeated delays, postponements and all the backpedalling talk about “false evidence” and “lying witnesses” in the Uhuru Muigai Kenyatta International Criminal court trial. I don’t want to say I smell a rat but I feel like I am getting a whiff. Is the stage being set to let Kenyatta off the ICC hook? There has been feverish... (more)
- Marius_: How can we choose to hide behind claims of moral inappropriateness when - in fact - these crimes are indeed taking place on sacred African soil!? Yes! It is imperative that the ICC should, despite the influence of the 'Powers-that-be', focus on initiating proceedings on crimes within its jurisdiction taking place outside the African continent, so as to meet the dictates of fairness. But that is not to say that the ongoing cases in Africa are without their individual basis. The victims of those... (more)
- ecalmeyer: Mass African Withdrawal from the ICC: Far from Reality Introduction One hundred and twenty two countries are States Parties to the Rome Statute of the International Criminal Court (“ICC”).1 Thirty-four are in Africa, making African states the largest continental bloc of ICC signatory countries.2 Many African nations believe that the International Criminal... (more)
- John Litwin: The International Criminal Court and African Politics Introduction Given the recent vote by the Kenyan parliament to withdraw from the Rome Statute,1 it is necessary to examine the non-meritorious, political reasons that may be motivating the proposed African boycott of the International Criminal Court (ICC).2 Comprising over a quarter of all member-states,3 a withdrawal from the ICC by... (more)
- Jenevieve Discar: Potential ICC Responses to Kenya’s Proposed Withdrawal Introduction Kenya’s recent, precedent-setting vote to withdraw from the ICC highlights the critical nature of this debate; regardless of whether the ICC is actually unfairly biased towards Africa or not, the perceived bias is greatly affecting its reputation and its ability to operate effectively. Kenya’s withdrawal should... (more)
- emilygiven: Complementarity: Too Stringent a Test? While critics claim that the ICC’s focus on crimes committed in Africa is inappropriate, its defenders cite the Prosecutor’s preliminary examinations of non-African crimes as evidence to the contrary. Because the Office of the Prosecutor is evaluating situations outside Africa with an even hand, defenders argue, the Court exhibits no bias against Africa. Several preliminary examinations of non-African... (more)
- karen.kwok: Syria: a Case Study of the ICC’s Limited Jurisdiction Since its inception in 2002, all situations under investigation or prosecution have been in Africa. Critics have claimed that the ICC’s focus on Africa has been inappropriate. In particular, the ICC has been accused of having an African-bias in situation selection. However, such critiques regarding ICC’s unfair targeting of Africa... (more)
- kennygbite: The question “Is the International Criminal Court targeting Africa inappropriately?” is influenced obviously by the fact that all the cases so far being handled by the ICC fall within Africa as if crimes within the jurisdiction of the Court are not taking place in other continents. However, assuming Africans so far indicted by the Court actually committed these crimes, should the question still arise simply because their counterparts in other continents are not being investigated nor prosecuted... (more)
Comment on the Africa Question: “Is the International Criminal Court targeting Africa inappropriately?”
GOVERNANCE AND JUSTICE
Why Democracy and how does it functions? "AFRICA IN THE EYES OF ICC HEADS"
Democracy is not a system that can be transferred or imported. It can manifest only if it germinate and take root. In-order to have a through democratic function, each country needs to absorbed democracy into its traditions; political and its socio-economic situation. Democracy cannot be reduced only to a legal framework measuring only civil and political rights. The purpose of democracy is to empower every citizens to have a better living through the full improvement of economic, social and cultural rights.
Therefore for democracy to take effect, the citizens of the country must be knowledgeable of the laws governing them and they must have access to it; meaning there must be an independent and matured judiciary system. There must also be freedom of expression through matured and responsible press.Citizens must have the right to cautiously express themselves if they feel ambiguous of a situation; meaning you have the right to say what you want to say but you will be responsible for any insult/out come of your pronouncement. Democracy is a system of government in which decision making is reach with the consent of the majorities of the citizens but respecting the views of the minorities.
Elections are not the start non the end to democratic system of governance. Election in the first place is a system through which citizens decide to change the leadership of a state.And in-order to reach to the peak of having democratic state, citizens (elected and electorate) need to build up sense of nationalism, sense of belonging, social cohesion,strong and independent political party system; meaning the political party platform must not be built around an individual. Political party needs to be institutionalized, managed and controlled by people with vision and they must have the ability to put people together to positively drive the vision of the party instead of following the ideology of single or segment of individuals within the party.
Though election is very cardinal to building democratic institution but the out come of an election does not guaranteed democracy instead legitimacy after election is one of the core pillar to measuring democracy. Legitimacy is the medium through which the elected official make sure that citizens are harness and willing to drive their leadership project.
ICC should be preaching how to build good governance instead of only been in the position of prosecuting people they think has gone against west ideology of governance. Since the birth of ICC, the focus has only been getting at African leaders; meaning the intent of ICC is to punish African leaders whom are considered evil by ICC.
All African leaders who are considered evil get their support from some where not in Africa but the ICC is not looking them instead their focus only to remote control.
What is Africa position with ICC?