The International Criminal Court And Nigeria
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The International Criminal Court And Nigeria
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Author : Muyiwa Adigun
language : en
Publisher: Routledge
Release Date : 2017-12-14
The International Criminal Court And Nigeria written by Muyiwa Adigun and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-14 with Law categories.
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.
Domestic Legal Pluralism And The International Criminal Court
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Author : Justin Su-Wan Yang
language : en
Publisher: Routledge
Release Date : 2021-09-20
Domestic Legal Pluralism And The International Criminal Court written by Justin Su-Wan Yang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-20 with Law categories.
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
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Author : Ovo Catherine Imoedemhe
language : en
Publisher: Springer
Release Date : 2016-11-26
The Complementarity Regime Of The International Criminal Court written by Ovo Catherine Imoedemhe and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-26 with Law categories.
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 The International Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2014-09-09
Africa And The International Criminal Court written by Gerhard Werle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-09 with Law categories.
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.
Africa And International Criminal Justice
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Author : Fred Aja Agwu
language : en
Publisher: Routledge
Release Date : 2019-11-04
Africa And International Criminal Justice written by Fred Aja Agwu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-04 with Law categories.
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.
Criminal Justice Responses To The Boko Haram Crisis In Nigeria
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Author : Victoria Ojo-Adewuyi
language : en
Publisher: Springer Nature
Release Date : 2024-02-02
Criminal Justice Responses To The Boko Haram Crisis In Nigeria written by Victoria Ojo-Adewuyi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-02 with Law categories.
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.
International Crimes
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Author : Nikos Passas
language : en
Publisher: Routledge
Release Date : 2017-07-05
International Crimes written by Nikos Passas and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Social Science categories.
This volume makes accessible a selection of the most significant journal articles dealing with international crimes. The studies collected here will be an invaluable aid to teaching and research.
Fictions Of Justice
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Author : Kamari Maxine Clarke
language : en
Publisher: Cambridge University Press
Release Date : 2009-05-25
Fictions Of Justice written by Kamari Maxine Clarke and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-25 with Law categories.
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
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Author : Linus Nnabuike Malu
language : en
Publisher: Springer
Release Date : 2019-05-31
The International Criminal Court And Peace Processes written by Linus Nnabuike Malu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-31 with Social Science categories.
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.
National Accountability For International Crimes In Africa
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Author : Emma Charlene Lubaale
language : en
Publisher: Springer Nature
Release Date : 2022-02-07
National Accountability For International Crimes In Africa written by Emma Charlene Lubaale and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-07 with Political Science categories.
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.