International criminal justice in Africa : neocolonial agenda or strengthened accountability?

Date

2011-10

Journal Title

Journal ISSN

Volume Title

Publisher

Centre for the Study of Violence and Reconciliation (CSVR), Johannesburg, ZA

Abstract

The decision to uphold the amnesty conferred upon Thomas Kwoyelo at the International Crimes Division (ICD) of the High Court in Uganda, poses interesting questions for the current international crime regime. Both the Kwoyelo trial and the current ICC Kenya cases beg the question: what are the standards for complementarity in Africa, and has the current approach to international criminal justice been sufficiently respectful of sovereignty, focused on victims, and sustainable in the long term? A closer examination of these cases and other international, regional, national and local accountability initiatives on the continent will show political calculations play a disproportionate role in shaping the justice sought for large-scale violations. This article seeks to contribute to the debate on international criminal justice; in particular it advocates that a victim-centered accountability system provides the most effective justice, and further that institutions within Africa must have the legitimate opportunity to achieve accountability for the crimes that take place within the continent.

Description

Annexe 13 of final technical report

Keywords

INTERNATIONAL CRIMINAL LAW, INTERNATIONAL CRIMINAL COURT, CONFLICT RESOLUTION, VICTIMS, WAR CRIMES, GOVERNANCE, CONGO DR, KENYA, RWANDA, UGANDA

Citation

DOI