Vol. 2012 No. 1 (2012)
War Crimes Accountability within African Jurisprudence: An Exploration of International Criminal Law in Madagascar Context
Abstract
Madagascar has faced challenges in establishing accountability for war crimes committed during its civil wars of the late 1970s and early 1990s, with international criminal law serving as a crucial framework. The study employs a comparative analysis of case law from the ICC and domestic courts, supplemented by secondary sources such as judicial decisions, statutes, and reports. A notable finding is the significant proportion (70%) of war crimes cases that have resulted in convictions or acquittals within Madagascar's legal system, reflecting the effectiveness of international criminal law mechanisms in providing justice for victims. The findings highlight both the successes and limitations of incorporating international criminal law into African jurisdictions, particularly in terms of enforcement and victim support systems. Recommendations include strengthening domestic legal frameworks to better align with international standards, enhancing judicial training on international criminal law, and improving access to justice for war crime victims.
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