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9 Int'l Crim. L. Rev. 445 (2009)
Regionalizing International Criminal Law

handle is hein.journals/intcrimlrb9 and id is 453 raw text is: International MA RTI NUS Criminal Law NIJHOFF P U B L I S H E R s International Criminal Law Review 9 (2009) 445-499 brill.nI/icla Regionalizing International Criminal Law? Charles Chernor Jalloh* Assistant Professor of Law, University of Pittsburgh School of Law Pittsburgh, PA, USA Abstract This article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa's numerous conflicts, could contribute significantly to the continent's fledgling peace and security architecture which aims to prevent, manage and resolve conflicts and to antici- pate and avert crimes against humanity. On the other hand, the author suggests that the ICC also has much to gain from Africa, especially in these early years when it is seeking to become a func- tional court of law with global legitimacy. By undertaking independent, fair and credible prosecu- tions without alienating States Parties, the world criminal court is more likely to fulfill its mandate and to win over powerful hold outs, such as the United States, China, and India. This will help it co-opt the support necessary for its universal reach and future success. However, he cautions that given Africa's sensitive historical experience with foreign interventions, including the slave trade and colonialism, the international criminal justice regime anchored on the ICC may be under- mined, or perhaps even falter, if it is perceived as having a biased, politicized or insensitive applica- tion to a single region of the world. Keywords Africa; International Criminal Court; African concerns about ICC * B.A. (Guelph), LL.B., B.C.L. (McGill), M.St. and Chevening Scholar (Oxon); of the Bar of Ontario, Canada; formerly Associate Legal Officer, International Criminal Tribunal for Rwanda and the Legal Advisor/Duty Counsel to the Office of the Principal Defender, Special Court for Sierra Leone. I wish to thank various people for their excellent comments on an earlier draft, espe- cially William A. Schabas, Joseph Rikhof, Janewa Osei-Tutu and Alhagi-Marong. Errors and omis- sions are mine. E-mail: jallohc@gmail.com. © Koninldijke Brill NV, Leiden, 2009 DOI 10. 1163/157181209X457956

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