Africa and the International Criminal Court by Gerhard Werle, Lovell Fernandez, Moritz Vormbaum

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By Gerhard Werle, Lovell Fernandez, Moritz Vormbaum

The publication offers with the arguable courting among African states, represented via the African Union, and the overseas legal courtroom. This courting all started promisingly yet has been in obstacle lately. The overarching target of the ebook is to investigate and talk about the achievements and shortcomings of interventions in Africa by means of the overseas felony courtroom in addition to to boost proposals for cooperation among foreign courts, family courts outdoor Africa and courts inside of Africa. For this goal, the publication compiles contributions via practitioners of the overseas felony court docket and via function gamers of the judiciary of African nations in addition to by way of educational experts.

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Footnote 42 continued) African Republic regarding Abdel Raheem Muhammad Hussein’s arrest and surrender to the Court, 13 November 2013. 3 Africa and the International Criminal Court: A Judge’s Perspective 33 The Prosecutor v. Saif Al-Islam Gaddafi and Abdullah Al-Senussi, Pre-Trial Chamber I, Decision on the admissibility of the case against Saif Al-Islam Gaddafi, 31 May 2013, ICC-01/11-01/ 11-344-Red. The Prosecutor v. Omar Hassan Ahmad Al Bashir, Pre-Trial Chamber II, Decision on the noncompliance of the Republic of Chad with the cooperation requests issued by the Court regarding the arrest and surrender of Omar Hassan Ahmad Al-Bashir, 26 March 2013, ICC02/05-01/09-151.

2 3 Africa and the International Criminal Court: A Judge’s Perspective 23 Criminal Court (first part of the complementarity test). If the answer is in the affirmative, the Court should consider the second part of the complementarity test, namely whether the State is unwilling or genuinely unable to carry out such an investigation or prosecution. 4 Thus, it was evident that Kenya’s understanding of the test was that mere preparation to initiate an investigation or prosecution would be sufficient and also that it would also not be necessary to investigate the suspects before the International Criminal Court, but rather only persons at the same level in the hierarchy of State power.

See ibid. p. 4. 13 UNICEF 2009. 14 Human Rights Watch 2012. 15 Ibid. 16 Suárez 2009, p. 103 f. 17 Hausler et al. 2012, p. 175. 18 Amnesty International. Child Soldiers: From Cradle to War. 12 4 International Criminal Justice in Africa … 39 of the Congo, and, more specifically, in the District of Ituri, Oriental Province. 19 The Trial Chamber heard 67 witnesses over 204 days. The prosecution called 36 witnesses, including three experts, and the defence called 24 witnesses. Three victims were called as witnesses following a request from their legal representatives.

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