PROSPECTING INTERNATIONAL CRIMES IN AFRICA: TRENDS/PROSPECT AND CHALLENGES
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Abstract
Across continental Africa, victims of different types of international crime cry for justice is loud and clear, yet, impunity is a common denominator in Africa's conflicts, with those suspected of criminal responsibility for crimes under international law rarely held to account.
All too often, national governments in Africa are unwilling or unable to conduct prompt, independent, impartial, and effective investigation into allegations of crimes under
international law. This project seeks to examine critically prosecution of international crimes
in Africa. This work takes a broad view of the concept of prosecution of international crimes,
by considering the possibility, challenges, and the value of such in Africa, we have established that the proposed extension of the African Court on Human and People's Right to include a Criminal session is a round peg in a round hole. Thus detail analysis of the Malabo Protocol, establishing the criminal jurisdiction of the African Court on Human and People's right has been given priority viz-a-viz the Rome Statute establishing the International Criminal Court. We have argued that due to the ever increasing ratio of perpetuation of international crimes in Africa, prosecution of such crimes in the region becomes desirable and thus do not contradict the jurisdiction of the International Criminal
Court, but rather complement it. This work consists of seven chapters-chapter one detail the
historical development of prosecution of international crime in Africa, chapter two examines international crimes, such as the crime of unconstitutional change of government as
provided for in the Malabo Protocol establishing the criminal jurisdiction of the African Court, viz-a-viz international crimes provided for under the Rome statute establishing the International Criminal Court. Chapter three considered the value and rational of prosecution of international crimes in Africa. Chapter four gives a critical analysis of the prospects of prosecution of international crimes in Africa. Jurisdiction of the African Court in prosecuting international crimes is examined in chapter five, while chapter six examined the challenges of prosecuting international crimes in Africa. Finally, taking into account all the arguments and views in the above chapters, we offer suggestions and recommendations to aid an effective regime of prosecution of international crimes in Africa in Chapter seven.
All too often, national governments in Africa are unwilling or unable to conduct prompt, independent, impartial, and effective investigation into allegations of crimes under
international law. This project seeks to examine critically prosecution of international crimes
in Africa. This work takes a broad view of the concept of prosecution of international crimes,
by considering the possibility, challenges, and the value of such in Africa, we have established that the proposed extension of the African Court on Human and People's Right to include a Criminal session is a round peg in a round hole. Thus detail analysis of the Malabo Protocol, establishing the criminal jurisdiction of the African Court on Human and People's right has been given priority viz-a-viz the Rome Statute establishing the International Criminal Court. We have argued that due to the ever increasing ratio of perpetuation of international crimes in Africa, prosecution of such crimes in the region becomes desirable and thus do not contradict the jurisdiction of the International Criminal
Court, but rather complement it. This work consists of seven chapters-chapter one detail the
historical development of prosecution of international crime in Africa, chapter two examines international crimes, such as the crime of unconstitutional change of government as
provided for in the Malabo Protocol establishing the criminal jurisdiction of the African Court, viz-a-viz international crimes provided for under the Rome statute establishing the International Criminal Court. Chapter three considered the value and rational of prosecution of international crimes in Africa. Chapter four gives a critical analysis of the prospects of prosecution of international crimes in Africa. Jurisdiction of the African Court in prosecuting international crimes is examined in chapter five, while chapter six examined the challenges of prosecuting international crimes in Africa. Finally, taking into account all the arguments and views in the above chapters, we offer suggestions and recommendations to aid an effective regime of prosecution of international crimes in Africa in Chapter seven.
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