Selective Enforcement and International Criminal Law Supranational Criminal Law: Capita Selecta Series, Vol. 20
Langue : Anglais
Auteur : NYAWO James
The dynamics of enforcing international criminal justice through the
International Criminal Court (ICC) has become a challenging exercise in
Africa. At times the uneasy relationship between the ICC, the African
Union and a few influential African states has given rise to concerns
about the future of international criminal justice in general, and in
Africa in particular. Still, the enthusiasts for international criminal
justice as enforced by the ICC, interpret the challenges that the ICC is
encountering in Africa as part of the growing pains of a new institution
in the international system. The distractors have already prepared the
ICC’s obituary. One of the criticisms levelled against the ICC, and which
is the motivation for, and central theme behind, this book is that it has
morphed and ceased to be an independent legal institution instead becoming
a political tool utilised by politically powerful states in the West
against their political opponents in Africa. More specifically the Court
is alleged to be selectively enforcing international criminal law by
merely officially opening investigations and prosecutions in Africa.
Although this book recognises that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyses the legal and political factors behind the Court’s focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East?
In addition the book attempts to uncover the basis and the validity of the African Union and some African states’ criticisms of the ICC.
Although this book recognises that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyses the legal and political factors behind the Court’s focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East?
In addition the book attempts to uncover the basis and the validity of the African Union and some African states’ criticisms of the ICC.
James Nyawo holds a Doctorate from the School of Law at Middlesex University, UK
Date de parution : 02-2017
Ouvrage de 344 p.
Disponible chez l'éditeur (délai d'approvisionnement : 8 jours).
Prix indicatif 82,27 €
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