Africa and the International Criminal Court (ICC): Revisiting Bones of Contention
General Material Designation
[Thesis]
First Statement of Responsibility
Rabe, Jongikhaya Joseph
Subsequent Statement of Responsibility
Graham, Suzanne
.PUBLICATION, DISTRIBUTION, ETC
Name of Publisher, Distributor, etc.
University of Johannesburg (South Africa)
Date of Publication, Distribution, etc.
2019
GENERAL NOTES
Text of Note
150 p.
DISSERTATION (THESIS) NOTE
Dissertation or thesis details and type of degree
M.A.
Body granting the degree
University of Johannesburg (South Africa)
Text preceding or following the note
2019
SUMMARY OR ABSTRACT
Text of Note
This dissertation examines the usefulness of the International Criminal Court (ICC) through investigating three entities namely, the United Nations Security Council, the Prosecutor of the ICC and the State Parties, which are empowered to trigger situations under the Rome Statute. This dissertation concludes that, while this supranational entity has been set up as an independent court to investigate the most serious international crimes, including crimes against humanity, genocide and the crime of aggression, the effectiveness of the Court tends to depend to a significant extent on the entities that trigger the situation. By examining situations which were introduced and brought to the Court at the time of the entry into force of the Statute in 2002, this dissertation distinguishes the initiator who is most crucial to the effectiveness of this supranational body. The three situations are all in Africa namely, Sudan (Darfur), Kenya and the Democratic Republic of Congo. The situations are as unique as they are controversial form the point of view of jurisdiction. The examination of the rulings of the Court and the result of the situation will assist to ascertain the areas of competence of the Court in the processing of situations. Nevertheless, the collaboration between the States Parties to the Rome Statute and the Tribunal illustrates that some institutions tend to be more conducive in fostering the effectiveness of the Court. This implies that the greater the collaboration such as the arrest of the offenders, the provision of testimony and proof, the more efficient the Court becomes.