Skip to search boxSkip to navigationSkip to main content

The Justice Conundrum : Africa's Turbulent Relationship with the ICC

  • Jon Silverman
Research Output:
Contribution to journal
Article
 Peer-review

Open access

Abstract

This article/blog is a response to the article 'Judicialization of Peace' in the Harvard International Law Journal Vol 59(2).The Colombia transitional peace model, as described in the article, offers an interesting prism through which to view the ICC's involvement in African conflicts which, hitherto, has served mainly to antagonize African leaders and achieved little in the way of transitional justice. This response looks critically at the role of the Office of the Prosecutor under both Luis Moreno Ocampo and Fatou Bensouda ; examines some of the flaws in the Kenyatta/Ruto prosecution; and asks whether the 'shadow effect' of the ICC (pace the article) could help mediate meaningful peace moves on a continent whose institutions, in the main, are far less robust than Colombia's. It also posits a philosophical gulf between African concepts of 'human rights', rooted in tribe and ethnic community, and the ICC's application of (Enlightenment) principles of individual liberties.

Publication Information

Output type

Research Output:
Contribution to journal
Article
 Peer-review

Original language

English

Journal (Volume, Issue Number)

Harvard International Law Journal (Issue February 18 2019)

Publication milestones

  • Published - 18/02/2019

Publication status

Published - 18/02/2019

ISSN

0017-8063

Publication IDs

  • handle.net: 10547/623183

Access to documents

Publication metrics

Metrics

Download statistics
Download count
7