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Courting Conflict? Justice, Peace and the ICC in Africa Edited by Nicholas Waddell and Phil Clark
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The International Criminal Court is a permanent international body, established to prosecute those responsible for war crimes, crimes against humanity and genocide. It has a global mandate but its activities have concentrated on African countries marked by ongoing violent conflict. Crimes committed in the Democratic Republic of Congo (DRC), northern Uganda, Darfur and Central African Republic are the subject of its first investigations and prosecutions.
The ICC’s operations in Africa have encountered significant difficulties. While the work of the Court has taken concrete shape, so have its challenges. The title of this collection, Courting Conflict?, alludes to the inherent problems of pursuing justice in the midst of violence. It also points to the tremendous controversy generated by the ICC’s work to date – not least the charge levelled at the Court that its actions risk prolonging conflict by jeopardising peace deals.
Controversies over the establishment of this new international justice body have overshadowed what it means for the African countries where the Court is taking its first steps. This collection investigates the politics of the ICC’s interventions in Africa. The essays take the form of short comment pieces, written to stir and broaden debate on the ICC but also to help move it beyond the sensational and oversimplified.
Contents
Foreword Justice Albie Sachs
Introduction Nicholas Waddell (Royal African Society) and Phil Clark (Oxford)
Justice in Conflict? The ICC and Peace Processes Nick Grono and Adam O’Brien (International Crisis Group)
Justice at Juba: International Obligations and Local Demands in Northern Uganda Marieke Wierda (International Center for Transitional Justice) and Michael Otim (Gulu District NGO Forum)
Darfur, the Court and Khartoum: The Politics of State Non-Cooperation Alex de Waal (Harvard)
Law, Politics and Pragmatism: The ICC and Case Selection in the Democratic Republic of Congo and Uganda Phil Clark (Oxford)
Ritual (Ab)use? Problems with Traditional Justice in Northern Uganda Tim Allen (London School of Economics)
Global Catalyst for National Prosecutions? The ICC in the Democratic Republic of Congo Géraldine Mattioli and Anneke van Woudenberg (Human Rights Watch) The International Criminal Court and its Relevance to Affected Communities Mariana Goetz (REDRESS)
One among Many: The ICC as a Tool of Justice during Transition Graeme Simpson (International Center for Transitional Justice)
RAS ICC meeting series reports
In 2007, the Royal African Society and several collaborating institutions organised a series of meetings to address some of the practical, ethical and legal dilemmas posed by the work of the International Criminal Court. The series, held in London, was entitled, 'Justice, Peace & the Dilemmas of the ICC in Africa'. Consisting of roundtable discussions and public meetings, the series brought together policymakers, MPs, academics, practitioners and legal professionals, including the ICC's Chief Prosecutor and other senior officials from the Court. Below is a synopsis of issues raised during the series as well as a report summarising individual presentations.
Series synopsis by Nicholas Waddell and Phil Clark - pdf
Series report by Nicholas Waddell and Phil Clark - pdf
On the ICC implementation in Africa see also the ISS's last report: Unable or Unwilling? Case Studies of Domestic Implementation of the ICC Statute in Selected African Countries.
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