f_0018732_16028

f_0018732_16028 - A rmed Conflicts in Africa and Western...

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rmed Conflicts in Africa and Western Complicity: A Disincentive for African Union’s Cooperation with the ICC Ifeonu Eberechi * ……………………… Abstract Intrinsic in the concept of international justice for violations of international humanitarian law is the requirement of cooperation by states and, to a large extent, regional bodies with the International Criminal Court (ICC). Unlike domestic courts, the ICC is not endowed with law enforcement power nor could such power be imputed to it as part of its functions. It is against this background that the on-going crisis of corporation between the ICC and the African Union (AU) following the indictment of Sudanese President Omar al-Bashir for international crime portends a far reaching implication for the administration of international criminal accountability. As part of a broader diagnosis of the reasons for the AU’s opposition, this paper, while discussing armed conflicts in Africa, which provides the fillip for gross human rights violations in the region, exposes the contributions of the West. It concludes that an effective enforcement of international justice in the region must include an inquiry into the role of international actors and Western powers in promoting and exacerbating the situation. _______________ *LL.M., Dalhousie University, Halifax, Canada. Formerly an Attorney-at-Law in the law firm of Chuma Nwosu and Co., Port Harcourt, Nigeria ( [email protected] ). This article is adapted from a thesis completed under the supervision of Professor Robert Currie at the Dalhousie University, School of Law. I am most grateful for his insight and encouragement. I am equally grateful to the anonymous peer reviewers for their comments. All errors and omissions are mine. 2009 © The Africa Law Institute; all rights reserved. Cite as: 3 Afr. J. of Leg. Stud. (2009) 53-76. AJLS is a free peer-reviewed and interdisciplinary journal published by The Africa Law Institute. To download or comment on current articles, sign-up for future issues or submit a manuscript, please visit <http://www.africalawinstitute.org/ajls>. Each issue of the journal is also available to subscribed researchers throughout the world via CIAO Net, HeinOnline, Lexis-Nexis, ProQuest, Quicklaw and Westlaw. AJLS welcomes books for review and inquiries from scholars and experts wishing to serve on our consultative board. E-mail Charles Chernor Jalloh, Founding Editor-in-Chief, at [email protected] . A
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3 Afr. J. Leg. Stud. (2009) 53-76 - 54 - Introduction The last two decades have been particularly disturbing, as well as challenging, from the perspectives of both Africa and the international community. It was a period marked by a series of conflicts 1 on the continent, some of which were not only the most destructive in the world, but had clogged the development of the region. 2
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This note was uploaded on 01/25/2012 for the course POLS 595 taught by Professor Burk during the Fall '11 term at Boise State.

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f_0018732_16028 - A rmed Conflicts in Africa and Western...

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