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Strengthening States’ and the International Community’s Responsibility to Protect Civilians: Revisiting the Prosecution of War Crimes Committed in Africa by the International Criminal Court (ICC)

In: African Journal of Legal Studies
Author:
Seun Bamidele Institute of Peace, Security and Governance, Ekiti State University Ado-Ekiti Nigeria

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Abstract

The silhouette of International Criminal Justice (ICJ) is fast changing across the globe. The change and transformation are connected to the criminalization of war, which has complicated the attraction of and engagement in the war for war-mongers. At least, the last few years had seen remarkable prosecution of war criminals in Africa. This is related to a relatively new thinking that informed the establishment of International Criminal Court (ICC) and global re-enforcement of war crime-related charges. Since the genocide in Rwanda, the establishment of the ICC has led to the prosecution of warlords. Also, the ICC has issued thirteen public warrants of arrest on war charges to actors and perpetrators in more than four African states. The case of President of Sudan, whose warrant of arrest had been issued regarding the crisis in Darfur, demonstrated that African leaders and war-mongers would be held responsible for their actions and atrocities they have committed. The lesson from the ICC is clear, war-mongers would be made to pay for their criminality. This article intends to examine the actions of the ICC on intra-state civil war crimes in Africa and assess whether ICC can act as deterrence on for intrastate war mongers in Africa.

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