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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:From promise to practice: towards universal jurisdiction to deter the commission of mass atrocities in Africa
Author:Kuwali, DanISNI
Year:2010
Periodical:African Security Review (ISSN 2154-0128)
Volume:19
Issue:4
Pages:48-61
Language:English
Geographic term:Africa
Subjects:international criminal law
International Criminal Court
offences against human rights
Link:https://www.tandfonline.com/doi/pdf/10.1080/10246029.2010.539811
Abstract:Although African leaders have been prominent proponents of the International Criminal Court (ICC), the present stance not to support the decisions of the ICC is a cause for concern. However, since the jurisdiction of the ICC is complementary to that of national States, the African Union needs to urge its member States to adopt domestic laws to prosecute perpetrators of mass atrocities and so avoid international intervention. If mass atrocity crimes give rise to universal jurisdiction - and if one considers that deterrence is the primary function of criminal justice - then accountability of perpetrators of mass atrocities can enhance prevention of mass atrocities in Africa. Therefore the AU, too, needs to institutionalize universal jurisdiction in order to have a network of courts with compulsory jurisdiction to ensure that perpetrators of mass atrocities find no refuge anywhere on the continent. The prospect that one may be prosecuted throughout the continent or the rest of the world, could act as a serious deterrent to committing such crimes. Notes, ref., sum. (p. VI-VII). [Journal abstract]
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