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KFG Workshop: “Decline or Transformation? Norm Change and Values in International Law”

On 24 and 25 November 2017, Heike Krieger and Andrea Liese will be hosting the KFGs first Workshop. Convening renown scholars from international law and political science, the Workshop will scrutinize from an interdisciplinary perspective how international norms and their underlying values are changing.

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Public Event: Thomas Franck Lecture by Angelika Nußberger

“From high hopes to disillusionment? Human rights protection in Europe in an ever more hostile environment”, 30 November 2017, 6.15 pm, room 213, Unter den Linden 9

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Public Event: Thomas Franck Lecture by Andrea Bianchi

“'The Unbearable Lightness of International Law'”, 4 December 2017, 6.15 pm, room 213, Unter den Linden 9

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Contact us:
Berlin Potsdam Research Group
International Law - Rise or Decline?
Unter den Linden 6
10099 Berlin
Germany
Tel: +49 (0)30 2093-3322
e-Mail: info(at)kfg-intlaw.de
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Working Papers


KFG Working Paper Series No. 2

Africa within the Justice System of the International Criminal Court:
the Need for a Reform

Balingene Kahombo - Download PDF PDF

Abstract

This article re-examines the relationship between Africa and the International Criminal Court (ICC). It traces the successive changes of the African attitude towards this Court, from states' euphoria, to hostility against its work, to regional counter-initiatives through the umbrella of the African Union (AU). The main argument goes beyond the idea of "the Court that Africa wants" in order to identify concrete reasons behind such a formal argument which may have fostered, if not enticed, the majority of African states to become ICC members and actively cooperate with it, when paradoxically some great powers have decided to stay outside its jurisdiction. It also seeks to understand, from a political and legal viewpoint, which parameters have changed since then to provoke that hostile attitude against the Court's work and the entrance of the AU into the debate through the African Common Position on the ICC. Lastly, this article explores African alternatives to the contested ICC justice system. It examines the need to reform the Rome Statute in order to give more independence, credibility and legitimacy to the ICC and its duplication to some extent by the new "Criminal Court of the African Union". Particular attention is paid to the resistance against this idea to reform the ICC justice system.


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