African Perspectives on International Criminal Justice

It represents a collective attempt by eminent scholars and practitioners to address some of the most critical issues related to the international justice system from an African perspective.As the prosecutor of the International Criminal Court (ICC) it is my duty to apply the law while respecting the world' legal traditions. The ICC is but one part of the global justice effort. The Court was created by the international community in order to contribute to the prevention of massive crimes in a complementarity manner, when states cannot do so. The Rome Statute calls on the Court to respect the different traditions of those states. We are reminded in the Statue's Preamble that "our cultures are pieced together in a shared heritage." It should be recalled that aside from the role of investigating and prosecuting, the ICC provides a mechanism for victim's participation and reparations. The Court is a combination of different tools to achieve justice, stemming from varied cultural and legal traditions. A number of the topics found in this volume were for years either underestimated or ignored. One example is gender crimes - an element found in all wars - whose growing importance is explained by Kelly Askin. Michael Scharf contributes a comprehensive understanding of the crime of forced marriage, while Angela Dwamena-Aboagye explores society's need for greater gender justice through the story of Emma, a woman stigmatised by her community because of her husbandless, childless status. The pros and cons of the universal jurisdiction principle are analyzed by both Judge Pillay and A.P. van der Mei, with Menno Kamminga focusing on the implication of the Congo v. Belgium case. Mouhamed Kébé addresses the tensions between the national and international spheres as they pertain to the Habré Case, while Kingsley Chiedu Moghalu explains the influence of universal jurisdiction on the ICTR. Through Charles Taylor, Nsongurua J. Udombana address the important dilemma posed by asylum, a topic closely linked to the challenge created by the interaction of peace and justice. This relation is further explored by Jan Wouters and Sten Verhoeven when they address the question of amnesty and the International Criminal Court.