Surrender of Ali Kushayb and Paul Gicheru: New Perspectives in Africa's Relationship with the ICC

TR Kirabira - New York University Journal of International Law and …, 2021 - papers.ssrn.com
New York University Journal of International Law and Politics (JILP), 2021papers.ssrn.com
In recent years, there have been significant debates about the legitimacy of the International
Criminal Court (the ICC or the Court) in Africa. Critical perspectives view the Court as an
instrumentalization of global human rights norms and hegemony. Similarly, there are
scholarly debates about the imagined beneficiaries of an international criminal justice
regime that is isolated from local constituencies, with limited representation and participation
from conflict-affected communities. It is thus imperative to critically analyse any …
Abstract
In recent years, there have been significant debates about the legitimacy of the International Criminal Court (the ICC or the Court) in Africa. Critical perspectives view the Court as an instrumentalization of global human rights norms and hegemony. Similarly, there are scholarly debates about the imagined beneficiaries of an international criminal justice regime that is isolated from local constituencies, with limited representation and participation from conflict-affected communities. It is thus imperative to critically analyse any developments regarding the ICC in African countries, as these can either enhance or reduce the Court’s legitimacy in the region. This article uses the case studies of Sudan and Kenya to offer insights on the Court’s legitimacy and demonstrate new perspectives on the ICC in Africa.
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