The International Criminal Court And Nigeria

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The International Criminal Court and Nigeria

Author : Muyiwa Adigun
Publisher : Routledge
ISBN 13 : 1351580213
Total Pages : 248 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The International Criminal Court and Nigeria by : Muyiwa Adigun

Download or read book The International Criminal Court and Nigeria written by Muyiwa Adigun and published by Routledge. This book was released on 2017-12-14 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ‘unwillingness’ or ‘inability’ on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ‘unwillingness’ and ‘inability.’ The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ‘unwillingness’ and ‘inability.’ The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.

Africa and the International Criminal Court

Author : Gerhard Werle
Publisher : Springer
ISBN 13 : 9462650292
Total Pages : 303 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Africa and the International Criminal Court by : Gerhard Werle

Download or read book Africa and the International Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2014-09-09 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

Domestic Legal Pluralism and the International Criminal Court

Author : Justin Su-Wan Yang
Publisher : Routledge
ISBN 13 : 1000450333
Total Pages : 240 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Domestic Legal Pluralism and the International Criminal Court by : Justin Su-Wan Yang

Download or read book Domestic Legal Pluralism and the International Criminal Court written by Justin Su-Wan Yang and published by Routledge. This book was released on 2021-09-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the unique historical development of Islamic Shari’a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court. The work examines how this could be accommodated through the current understanding and operation of complementarity, and that it could ultimately prove to be preferable in encouraging the Shari’a courts to exercise criminal justice over the radical insurgents in northern Nigeria. These courts would have the unprecedented ability to combine binding adjudicative judgments together with religious interpretation and guidance, which can directly combat the predominantly unchallenged domain of ideology by extremist actors. It is submitted that these pluralist perspectives are timely and welcome, given the undeniably Western European foundations of modern International Criminal Law. In exploring such potential avenues, our shared understanding of modern international criminal justice is widened to necessarily include other stakeholders beyond its Western founders. It is the aim and hope that such interactions and engagements with non-Western traditions and cultures will lead to a greater shared ownership of the international criminal justice project, which will only strengthen the global fight against impunity. The book will be essential reading for academics, researchers and policy-makers working in the areas of International Criminal Law, Legal Pluralism, Islamic Shari’a Law, Nigeria, and religiously-inspired violence.

The Complementarity Regime of the International Criminal Court

Author : Ovo Catherine Imoedemhe
Publisher : Springer
ISBN 13 : 3319467808
Total Pages : 229 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Complementarity Regime of the International Criminal Court by : Ovo Catherine Imoedemhe

Download or read book The Complementarity Regime of the International Criminal Court written by Ovo Catherine Imoedemhe and published by Springer. This book was released on 2016-11-26 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.

Africa and International Criminal Justice

Author : Fred Aja Agwu
Publisher : Routledge
ISBN 13 : 1000733939
Total Pages : 168 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Africa and International Criminal Justice by : Fred Aja Agwu

Download or read book Africa and International Criminal Justice written by Fred Aja Agwu and published by Routledge. This book was released on 2019-11-04 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of crimes under international law, radical evils, in a number of African states. This overview informs a critical analysis of the debates surrounding the African Union’s call for withdrawal from the International Criminal Court and proposes a way forward with a more pertinent role for the Court. The work critically analyzes the arguments around withdrawal from the ICC and the extension of the jurisdiction of the African Court into criminal matters. It is held that this was not intended in the spirit of complementarity as envisaged by the Rome Statute, and is subject to political calculation and manipulation by national governments. Recasting the ICC as a court of second instance would provide a stronger institutional and jurisdictional regime. The book will be a valuable resource for students, academics, and policymakers working in the areas of international humanitarian law, international criminal law, African studies, and genocide studies.

The Crime of Aggression Under the Rome Statute of the International Criminal Court

Author : Carrie McDougall
Publisher : Cambridge University Press
ISBN 13 : 1107011094
Total Pages : 415 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Crime of Aggression Under the Rome Statute of the International Criminal Court by : Carrie McDougall

Download or read book The Crime of Aggression Under the Rome Statute of the International Criminal Court written by Carrie McDougall and published by Cambridge University Press. This book was released on 2013-04-18 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the crime of aggression amendments adopted under the International Criminal Court's Statute in 2010.

Criminal Justice Responses to the Boko Haram Crisis in Nigeria

Author : Victoria Ojo-Adewuyi
Publisher : Springer Nature
ISBN 13 : 9462656150
Total Pages : 235 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Criminal Justice Responses to the Boko Haram Crisis in Nigeria by : Victoria Ojo-Adewuyi

Download or read book Criminal Justice Responses to the Boko Haram Crisis in Nigeria written by Victoria Ojo-Adewuyi and published by Springer Nature. This book was released on 2024-02-02 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concentrates on the crisis perpetrated by the Boko Haram group in Nigeria, which since 2009 has made a definitive impact on both the domestic and international criminal landscape. The volume centres on three core issues: first, an assessment of the criminal legal responses at the domestic level, where the legal characterization of the conducts in question, including an evaluation of the state of specific domestic prosecutions, are assessed. Secondly, the book gauges the potential for international criminal justice while evaluating the Boko Haram situation at the International Criminal Court. This includes an assessment of the jurisdictional aspects, the admissibility, and the interests of justice requirements in addition to the appraisal of conducts amounting to war crimes and crimes against humanity perpetrated. Finally, the book explores possible non-prosecutorial responses in the form of classic and non-classic transitional justice mechanisms that may be utilized as a response to the crisis in Nigeria. Furthermore, it draws instructive lessons from Nigeria’s past misadventure with specific transitional justice mechanisms while exploring the realities of utilizing the restorative justice mechanisms available in Nigeria. The volume concludes by calling for a victim-centred approach in the discourse around the Boko Haram crisis. This book presents a definitive study of the history of the development of Boko Haram and the related domestic and international criminal legal issues. Researchers and anyone seeking to understand the Boko Haram crisis in relation to international criminal law, including those looking for a clear overview of the criminal conduct perpetrated by Boko Haram in Nigeria and a view of Nigeria’s domestic legal regime, will benefit from the information on offer. Victoria Ojo-Adewuyi is a lawyer, called to the Nigeria Bar in 2012. She obtained a Bachelor of Laws degree (LL.B) in 2011 from the Obafemi Awolowo University, Ile-Ife (Nigeria), obtained a Master of Laws Degree (LL.M) from the University of the Western Cape, Cape Town (South Africa) and Humboldt Universität zu Berlin under the South African-German Centre for Transnational Criminal Justice in 2016, and completed her doctorate in International Criminal Law at the Humboldt-Universität zu Berlin (Germany) in 2022.

The International Criminal Court at the Mercy of Powerful States

Author : Res Schuerch
Publisher : Springer
ISBN 13 : 9462651922
Total Pages : 305 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The International Criminal Court at the Mercy of Powerful States by : Res Schuerch

Download or read book The International Criminal Court at the Mercy of Powerful States written by Res Schuerch and published by Springer. This book was released on 2017-07-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.

An Introduction to the International Criminal Court

Author : William Schabas
Publisher : Cambridge University Press
ISBN 13 : 0521881250
Total Pages : 15 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis An Introduction to the International Criminal Court by : William Schabas

Download or read book An Introduction to the International Criminal Court written by William Schabas and published by Cambridge University Press. This book was released on 2007-10-18 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.

National Accountability for International Crimes in Africa

Author : Emma Charlene Lubaale
Publisher : Springer Nature
ISBN 13 : 3030880443
Total Pages : 652 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis National Accountability for International Crimes in Africa by : Emma Charlene Lubaale

Download or read book National Accountability for International Crimes in Africa written by Emma Charlene Lubaale and published by Springer Nature. This book was released on 2022-02-07 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

Affective Justice

Author : Kamari Maxine Clarke
Publisher : Duke University Press
ISBN 13 : 1478007389
Total Pages : 212 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Affective Justice by : Kamari Maxine Clarke

Download or read book Affective Justice written by Kamari Maxine Clarke and published by Duke University Press. This book was released on 2019-11-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

The International Criminal Court and Africa

Author : Evelyn A. Ankumah
Publisher :
ISBN 13 : 9781780684178
Total Pages : 0 pages
Book Rating : 4.6/5 (841 download)

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Book Synopsis The International Criminal Court and Africa by : Evelyn A. Ankumah

Download or read book The International Criminal Court and Africa written by Evelyn A. Ankumah and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicised.

Contemporary International Criminal Law Issues

Author : Takeh B. K. Sendze
Publisher : Springer Nature
ISBN 13 : 9462655553
Total Pages : 457 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Contemporary International Criminal Law Issues by : Takeh B. K. Sendze

Download or read book Contemporary International Criminal Law Issues written by Takeh B. K. Sendze and published by Springer Nature. This book was released on 2023-03-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.

The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties

Author : Monique Cormier
Publisher : Cambridge University Press
ISBN 13 : 1108499309
Total Pages : 273 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties by : Monique Cormier

Download or read book The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties written by Monique Cormier and published by Cambridge University Press. This book was released on 2020-08-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.

Fictions of Justice

Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
ISBN 13 : 0521889103
Total Pages : 353 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Fictions of Justice by : Kamari Maxine Clarke

Download or read book Fictions of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2009-05-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.

The International Criminal Court and Peace Processes

Author : Linus Nnabuike Malu
Publisher : Springer
ISBN 13 : 3030199053
Total Pages : 265 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis The International Criminal Court and Peace Processes by : Linus Nnabuike Malu

Download or read book The International Criminal Court and Peace Processes written by Linus Nnabuike Malu and published by Springer. This book was released on 2019-05-31 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Cȏte d’Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Cȏte d’Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims’ rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.

Nigerian Yearbook of International Law 2017

Author : Chile Eboe-Osuji
Publisher : Springer
ISBN 13 : 3319714767
Total Pages : 413 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Nigerian Yearbook of International Law 2017 by : Chile Eboe-Osuji

Download or read book Nigerian Yearbook of International Law 2017 written by Chile Eboe-Osuji and published by Springer. This book was released on 2018-05-12 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the inaugural edition of the Nigerian Yearbook of International Law. The Yearbook is a necessary and timely publication that provides a forum for critical discourse on developments in international law, particularly where this has relevance for Nigeria, Africa and its people including those in the diaspora. The articles in this first volume explore topics under the following themes: International Law and Regional Systems, Contemporary Challenges/Emerging Issues, Criminal Law and Natural Resources/Environmental Law. There is also a section, which provides a comprehensive review of key decisions in African and International Courts/Tribunals. Contributors to this edition are international law jurists from across the world, including eminent judges of international tribunals, leading academics and an international diplomat.