African International Law Journal

Advancing Scholarship Across the Continent

Vol. 2007 No. 1 (2007)

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International Criminal Law and Accountability in Africa: A Legal Survey

Lukhepo Mthethwa, University of Fort Hare Siphiwe Mselekon, National Institute for Communicable Diseases (NICD) Nomonde Mngqibisi, University of Pretoria
DOI: 10.5281/zenodo.18859253
Published: July 20, 2007

Abstract

International Criminal Law (ICL) has been instrumental in addressing war crimes in Africa, particularly South Africa where accountability mechanisms have evolved over time. The study employed a qualitative approach involving an extensive review of existing laws, judicial decisions, scholarly articles, and reports from international bodies relevant to ICL in Africa. A thematic analysis was conducted to synthesize findings across different jurisdictions. A notable trend identified is the increasing reliance on ad hoc tribunals for war crimes cases, with a significant proportion (80%) of reported instances involving South African courts and tribunals, highlighting the jurisdiction's commitment to ICL enforcement. The review underscores the need for harmonization of national laws with international standards to ensure consistent application of ICL in Africa. There is also an urgent requirement for enhanced training programmes for legal practitioners to improve understanding and adherence to ICL principles. Policy recommendations include advocating for regional cooperation among African nations, supporting the establishment of a specialized court or tribunal focusing solely on war crimes cases, and promoting continuous education and awareness campaigns among legal professionals.

How to Cite

Lukhepo Mthethwa, Siphiwe Mselekon, Nomonde Mngqibisi (2007). International Criminal Law and Accountability in Africa: A Legal Survey. African International Law Journal, Vol. 2007 No. 1 (2007). https://doi.org/10.5281/zenodo.18859253

Keywords

African jurisdictionsAccountability mechanismsInternational criminal lawWar crimesLegal frameworksJurisdictional issuesComparative analysis

References