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Both the United Nations and the osce are working to improve their peace operations technologically. While the emphasis is more often placed on new collection tools (e.g., satellite imagery, uavs, night-vision tools, etc.), the challenge remains to exploit the imagery and the copious other data that has been collected. By examining the software and evolving methods used by UN operations and the osce Special Monitoring Mission in Ukraine, we evaluate two often neglected steps of the information/intelligence cycle: analysis and dissemination. Lessons are drawn from both UN and osce experience in war-torn locations. Both organizations still need to establish strong and effective data-analysis and -sharing systems within their missions, and to find better ways to share information with the conflicting parties, and with humanitarian partners.

In: Security and Human Rights

Abstract

Through focusing on the scope of accountability offered by the regional court, the potential jurisdictional contribution and limitations are presented. The African Union is widely known to suffer from underfunding and capacity limitations, and the slow pace at which its treaties are signed, as such the impact of these on the new court are considered.

In: An African Criminal Court

Abstract

The regional court has its own approach to complementarity through the inclusion of both African domestic and (sub)regional courts. Despite no explicit mention of the International Criminal Court there is scope, and provision, for a complementary relationship. Consideration of the issues from the new court’s admissibility criteria being copied from the Rome Statute is undertaken and proposals made for minimising the negative effects.

In: An African Criminal Court

In 2014 the African Union (au) and African states set in motion the establishment of African justice mechanisms for addressing international crimes including a new section of the African Court of Justice and Human and Peoples’ Rights, the International Criminal Law Section (icls). This book queries what contribution and role such a court might play in the international criminal justice system, and whether or not there is a need for this new regional criminal court.

It is clear that the existing system has a number of shortcomings particularly in the areas of: universal jurisdiction; accountability; complementarity; ownership; and immunity. There is also a wider question as to whether the original purposes of international criminal law (icl) are being effectively fulfilled. In this book it is determined that the new regional court does not need to be a competitor court to the International Criminal Court (icc) but can offer complementary jurisdiction to strengthen international criminal justice and develop icl in the same manner that the ad hoc courts and icc have done. It is also shown that the new court is a legitimate response, albeit with some weaknesses, to the inequalities of the international system and has the potential to create a forum through which African states can increase their ownership. The new court will have the ability to address many of the underlying crimes leading to conflicts thereby linking the judicial organ to the au’s peace and security agenda. By placing the icls into the African Peace and Security Architecture, a more holistic understanding of the new court is achieved. This helps to erode the misconception that the initiative is pursued purely as an anti-icc mechanism.

In: An African Criminal Court

Abstract

Drawing the book’s findings together, the potential contribution the International Criminal Law Section of the African Court is established and why it is important to situate the initiative within the African Union ’s ideological underpinning and peace, justice and security approach.

In: An African Criminal Court

Abstract

As states have primary responsibility to prosecute international crimes, the chapter focuses on the domestic prosecutions of international crimes based on universal jurisdiction. The principle’s purpose and scope are presented, alongside the African Union’s concerns over how universal jurisdiction has been used by non-African states. Consideration is given to the limiting effect of immunity and what this means for international criminal justice and the role of a regional criminal court.

In: An African Criminal Court

Abstract

The International Criminal Court offers a specific form of accountability – criminal – which is subject to both jurisdictional and institutional limitations which present challenges for the African continent and the reality in which conflicts and international crimes occur. Whether the icc envisions additional courts having a role in the pursuit of accountability is explored, with the potential for an African criminal court clearly identified.

In: An African Criminal Court

Abstract

The International Criminal Court is meant to be a court of last resort yet, the court’s admissibility criteria raise concerns over the narrow interpretation approach and this impact on the encouragement, recognition, and undermining of domestic prosecutions. The notion of complementarity as a policy or “big idea” approach is presented and contrasts with the mandate of the court and queries the national capacitating role international courts should, or could, have.

In: An African Criminal Court

Abstract

The International Criminal Court followed the trend of other international courts and removed the defence of immunity for state officials. This has subsequently turned into one of the more controversial areas when applied to non-state parties. Within the literature many claim the court has help establish a customary law removal of immunity, the veracity of which is considered. The findings of which are used to establish whether an African criminal court is bound by such custom.

In: An African Criminal Court

In 2014 the African Union (au) and African states set in motion the establishment of African justice mechanisms for addressing international crimes including a new section of the African Court of Justice and Human and Peoples’ Rights, the International Criminal Law Section (icls). This book queries what contribution and role such a court might play in the international criminal justice system, and whether or not there is a need for this new regional criminal court.

It is clear that the existing system has a number of shortcomings particularly in the areas of: universal jurisdiction; accountability; complementarity; ownership; and immunity. There is also a wider question as to whether the original purposes of international criminal law (icl) are being effectively fulfilled. In this book it is determined that the new regional court does not need to be a competitor court to the International Criminal Court (icc) but can offer complementary jurisdiction to strengthen international criminal justice and develop icl in the same manner that the ad hoc courts and icc have done. It is also shown that the new court is a legitimate response, albeit with some weaknesses, to the inequalities of the international system and has the potential to create a forum through which African states can increase their ownership. The new court will have the ability to address many of the underlying crimes leading to conflicts thereby linking the judicial organ to the au’s peace and security agenda. By placing the icls into the African Peace and Security Architecture, a more holistic understanding of the new court is achieved. This helps to erode the misconception that the initiative is pursued purely as an anti-icc mechanism.

In: An African Criminal Court