Africa and International Criminal Justice: Radical Evils and the International Criminal Court

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
List of acronyms
Preface
Part I The historical context
	Chapter 1 A précis on radical evils, the ICC, and African armed conflicts
		The humanization of armed conflicts
		Radical evils in philosophical context
		The idea of radical evils in Africa
		Political considerations in prosecuting radical evils in Africa
		Africa’s abandonment and institutional challenges from the ICC
		ICC prosecutors’ approach to genocide in Africa
	Chapter 2 The elements of radical evils
		War crimes
		Crimes against humanity
		The crime of genocide
	Chapter 3 Theories of the radical evil of genocide
		The theories of genocide
		Corporate intent: Beyond the “one evil man” view
		Self-glorification and the despising of others
		Genocide occurs in both war and peace
		Genocide takes place in an atmosphere of hate
	Chapter 4 Genocide in historical perspective
		The genocide against Amerindians
		Genocide in the Chinese Boxer Rebellion
		Genocide against the Jews
		The Rohingya: A textbook case of genocide
	Chapter 5 Genocide in Africa
		Genocide against the Herero and Nama of Namibia
		The Armenians and Congo genocide
		Genocide in the Nigerian Civil War
		The Ogbe-Osowa Asaba massacre
		Genocide and the culture of denials
	Chapter 6 International criminal justice in perspective
		Origin and historical antecedents of international criminal trials
		The inherent controversies/nature of international criminal justice
	Chapter 7 Juridical basis and applicable law in international criminal trials
		Imperative of judicial settlement of disputes
		The United Nations Charter foundation of permanent international courts
		Applicable law in international criminal trials
		Problem in the application of Article 38, paragraph c of the Statute of the ICJ
	Chapter 8 Contemporary international legal institutions authorized to prosecute radical evils
		After the Nuremberg and Tokyo tribunals
		The ad hoc tribunals
		The Lebanon’s special ad hoc international tribunal devoid of international law
		The hybrid tribunals
		The International Criminal Court (ICC)
		ICC and the principle of complementarity
Part II International criminal justice in Africa
	Chapter 9 Africa’s ownership of its international criminal trials
		The establishment of the African Court
		The justification for criminal jurisdiction by the African Court
		The assumption of criminal jurisdiction by the African Court
		Challenges to the African court as a regional institution
	Chapter 10 Africa and the international criminal legal order
		Complementarity and the targeting of Africa
		African civil society in the leveraging of complementarity
		Africa’s resistance against being targeted by the ICC
		“Positive complementarity” interrogated
		Complementarity in Africa: Difficulties in national and regional prosecution
	Chapter 11 Africa’s objection to the ICC as the “white man’s witch hunt”
		When hope on Washington turns into a will-o’-the-wisp
		On Kenya, Moreno Ocampo’s emergence from the closet
		No proof of guilt against Charles Taylor
	Chapter 12 Facing the dread of the ICC
		Laurent Gbagbo as an affront to the rule of law
		Paying the piper and dictating the tune
		Impunity in Africa, the West’s gain
	Chapter 13 In search of a viable ICC accountability initiative for Africa
		The ICC’s institutional remoteness from Africa
		Goodman and Mncwabe’s cultural and traditional approach
		Africa exiting the ICC solves no problems
		Africa and the ICC’s need to repudiate “victor justice”
Select Bibliography
Index