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The International Criminal Court: Promise and Politics

Published online by Cambridge University Press:  20 January 2017

Makau Mutua*
Affiliation:
SUNY Buffalo Law School

Extract

The International Criminal Court (ICC or Court) is an institution born of necessity after a long and arduous process of many false starts. The struggle to establish a permanent international criminal tribunal stretches back to Nuremberg. The dream, which was especially poignant for the international criminal law community, for a permanent international criminal tribunal was realized with the adoption in 1998 of the Rome Statute of the International Criminal Court. The treaty entered into force in 2002. Those were heady days for advocates and scholars concerned with curtailing impunity. No one was more ecstatic about the realization of the ICC than civil society actors across the globe, and particularly in Africa, where impunity has been an endemic problem. Victims who had never received justice at home saw an opportunity for vindication abroad. This optimism in the ICC was partially driven by the successes, however mixed, of two prior ad hoc international criminal tribunals—the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia.

Type
The National Impact of International Criminal Law
Copyright
Copyright © American Society of International Law 2016

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References

* Mr. Greenawalt, Ms. Evenson, and Ms. Nouwen did not contribute remarks for the Proceedings.

1 M. Cherif Bassiouni, The Legislative History of the International Criminal Court (2005).

2 Rome Statute of the International Criminal Court, UN Doc. A/CONF.183/9 (adopted July 17, 1998) [hereinafter, Rome Statute].

3 Brigitte Suhr, Lubanga Sentence Vindicates Faith in ICC, AL Jazeera (July 18, 2012), at http://www.aljazeera.-com/indepth/opinion/2012/07/2012717124034534428.html.

4 Ali Ezzatyar, Fending off Failure: The International Criminal Court’s New Chief Prosecutor, The Moderate Voice (June 27, 2012), at http://themoderatevoice.com/151042/fending-off-failure-the-international-criminal-courts-new-chief-prosecutor/.

5 Jallow, Charles, Akande, Dapo, & du Plessis, Max, Assessing the African Union’s Concerns about Article 16 of the Rome Statute of the International Criminal Court, 4 Afr. J. L. Studies 550 (2011)Google Scholar.

6 Rome Statute, supra note 2, art. 13(b).

7 Id. at art. 16.

9 ICC Forum, Is the International Criminal Court Targeting African Inappropriately (Mar. 2013-Jan. 2014), at http://iccforum.com/africa.

10 Makau Mutua, The International Criminal Court in Africa: Challenges and Opportunities, Norwegian Peace Building Centre (NOREF) (Sept. 2010), at http://www.peacebuilding.no/Themes/Peace-processes-and-mediation/publications/The-International-Criminal-Court-in-Africa-challenges-and-opportunities/(language)/eng-US.

11 Bid to Defer International Court Criminal Cases of Kenyan Leaders Fails, http://AllAfrica.Com (Nov. 15, 2013), at http://allafrica.com/stories/201311151551.html.

13 Kenya Failing Post-Election Violence Victims, Says Amnesty, The Guardian (JULY 15, 2014), at http://www.theguardian.com/global-development/2014/jul/15/kenya-post-election-violence-amnesty-international.

14 Prosecutor v. Uhuru Muigai Kenyatta, Case No. ICC-01/09-02/11, Decision on the Withdrawal of Charges Against Mr Kenyatta (Mar. 13, 2015), at http://www.icc-cpi.int/iccdocs/doc/doc1936247.pdf.

15 Vincent Nmehielle, Africa and the Future of International Criminal Justice (2012).

16 Marti Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960 (2004).