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Africa and the Legitimacy of the ICC in Question

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image of International Criminal Law Review

This article focuses on the current challenge facing the International Criminal Court (ICC), as its legitimacy is questioned by an increasing number of African countries. This challenge is all the more sensitive, when the African Union forum appears to act as an official platform giving credence to, and indeed amplifying, the echo of these opposing voices. Do those African countries or African leaders have a point when they complain about selective prosecutions targeting only Africans? If so, are there any effective remedies that could alleviate their concerns, while not compromising the need for justice? What is the way forward for the ICC if this institution is to build a future in and with Africa? This article does not provide definitive answers to these questions. It attempts to shed light upon avenues that might be worthwhile exploring, to build consensus and to marshal some much-needed support for international justice.

Affiliations: 1: Former Judge, ICTY and ICTR; Director, Criminal Affairs and Pardons, Senegalese Ministry of Justice, Dakar, Senegal


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