Unpacking the Tension Between the African Union and the International Criminal Court: the Way Forward

Imoedemhe, Ovo Catherine

doi:10.3366/ajicl.2015.0111

Cited by 43 publications

(5 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…However, around the turn of the century, scholars, practitioners, activists, and advocates entertained the idea that the immunity norm was enabling senior government officials to avoid accountability for genocide and atrocities committed while Today, this provision is widely known as the international norm of anti-impunity or "antiimpunity norm." However, attempts by the UN Security Council and the ICC to apply this norm in Africa resulted in severe contestation, with the AU spearheading the challenge prompted by African states (Imoedemhe, 2015;Dembinski 2017;Iommi 2020a).…”

Section: Norms Of International Criminal Justicementioning

confidence: 99%

Alternate Norms: New Contestation Theory on Subsidiary Norms in the Changing World Order

Ifediora

2024

Preprint

View full text Add to dashboard Cite

Norm contestation theory is a significant innovation in constructivist research on dynamics and (d)evolution of liberal international norms. Yet a wide blindspot exists where norms originating from the world’s regions, or what scholars call “subsidiary norms,” that challenge liberal norms and world order are unexplored or described as regional powers’ struggles to safeguard their independence or promote preferred international norms. This article stimulates a healthier consciousness for the study of such norms, which I name alternate norms. Tapping into concepts of contested subsidiarity and changing world order, I develop a new contestation theory on subsidiary norms: regional powers make alternate norms to set up primacy and dominate the governance of global issues within a geographical/spatial boundary. Alternate norms underline regional powers’ strategic narratives and conceptions of the world; they are structurally robust and fittest for underpinning a more legitimate, just, and diverse world order.

show abstract

Section: Norms Of International Criminal Justicementioning

confidence: 99%

Alternate Norms: New Contestation Theory on Subsidiary Norms in the Changing World Order

Ifediora

2024

Preprint

View full text Add to dashboard Cite

show abstract

“…punishing Africans 20 . Consequently, the ICC is perceived by the AU as promoting factionalism and ethnic divisions 21 by administering systemic selective justice 22 , which invariably could complicate domestic reconciliation efforts on the continent 23 .…”

Section: An Evaluation Of the Impediments To The Establishment Of The...mentioning

confidence: 99%

An Evaluation of the Impediments to the Establishment of the African Criminal Court & the Prospects for Justice and Peace in Africa

Barigayomwe, Ph.D.

2024

IJSSHR

View full text Add to dashboard Cite

When the Malabo Protocol was adopted in 2014, which, if ratified by at least 15 out of the 55 African Union (AU) Member States would lead to the creation of an African Criminal Court (ACC), it was received with great enthusiasm for a number of reasons. Notable among these were that the creation of the ACC would provide an avenue to address African challenges and crimes committed in the continent in an Africa way- echoing the notion of African solution to African problems. Yet, since it was adopted in June 2014 not even a single AU Member State has ratified the Malabo Protocol. Against this backdrop, the key question which this study seeks to answer is: What are the possible obstacles to the ratification of the Malabo Protocol and the inauguration of the ACC? The study reveals that there are seven primary possible obstacles to the ratification of the Malabo Protocol and inauguration of the ACC. These include: the contentious jurisdiction of the court, immunity for African Heads of State and senior government officials; the limited financial base which negatively affects the potential operationalization of the court; the contradictions and ambiguities regarding how the African Criminal Court will be operationalized

show abstract

“…The growing assertiveness of African governments and intellectuals is undoubtedly a positive development, especially in light of continued global economic and knowledge inequalities, and the inconsistency-and at times outright hypocrisy-of European and North American governments, which claim to be committed to democracy but often sacrifice it for other goals (Imoedemhe 2015). At the same time, however, this trend risks reinforcing the flawed notion that democracy and human rights are something that has been forced on the continent from outside.…”

Section: Implementing Authoritarianismmentioning

confidence: 99%

African Studies Keyword: Democracy

Cheeseman¹,

Sishuwa²

2021

Afr. Stud. Rev.

View full text Add to dashboard Cite

Democracy is one of the most contested words in the English language. In Africa, these complexities are compounded by the question of whether democracy is a colonial imposition. Cheeseman and Sishuwa provide a historiography of debates around democracy, track how these narratives have developed over time, and argue that there is widespread public support for a form of what they call “consensual democracy.” This is not to say that democracy is universally loved, but despite the controversy it remains one of the most compelling ideals in political life, even in countries in which it is has yet to be realized.

show abstract

Unpacking the Tension Between the African Union and the International Criminal Court: the Way Forward

Cited by 43 publications

References 0 publications

Alternate Norms: New Contestation Theory on Subsidiary Norms in the Changing World Order

Alternate Norms: New Contestation Theory on Subsidiary Norms in the Changing World Order

An Evaluation of the Impediments to the Establishment of the African Criminal Court & the Prospects for Justice and Peace in Africa

African Studies Keyword: Democracy

Contact Info

Product

Resources

About