Why Retain Membership of the International Criminal Court?

The article was published in International Organizations Law Review, Volum 15, Issue 2.

Abstract

Among international criminal tribunals (‘ICTs’), the International Criminal Court (‘ICC’) for the first time introduced victim participation and reparations for victims. Against potential African withdrawals from the ICC Statute, this article seeks to demonstrate the need to retain membership of the ICC under victim-oriented considerations. Despite its deficits and limitations, the ICC is arguably an important judicial forum for victims of mass atrocities committed in Africa for three arguments. First, human rights are invoked as a standard to examine the legitimacy of the decisions of the ICC, African Union (‘AU’), and African states. Second, international and African regional human rights law on victim rights binds African states. Third, since AU regional criminal justice initiatives present important deficits and limitations in terms of victim rights, they are unfit to replace the ICC.

The full article is available here

Tags: Human Rights, Criminal law
Published Jan. 11, 2019 11:50 AM - Last modified Jan. 11, 2019 11:53 AM