By Gerhard Werle, Lovell Fernandez, Moritz Vormbaum
The ebook offers with the arguable dating among African states, represented through the African Union, and the foreign felony courtroom. This courting began promisingly yet has been in hindrance lately. The overarching target of the booklet is to research and talk about the achievements and shortcomings of interventions in Africa by way of the overseas felony court docket in addition to to boost proposals for cooperation among foreign courts, household courts outdoor Africa and courts inside Africa. For this objective, the booklet compiles contributions by way of practitioners of the overseas legal court docket and through function gamers of the judiciary of African international locations in addition to by way of educational experts.
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Extra resources for Africa and the International Criminal Court
Omar Hassan Ahmad Al Bashir, Pre-Trial Chamber II, Decision on the cooperation of the Federal Republic of Nigeria regarding Omar Al-Bashir’s arrest and surrender to the Court, 5 September 2013, ICC-02/05-01/09-159. The Prosecutor v. Omar Hassan Ahmad Al Bashir, Pre-Trial Chamber II, Decision regarding Omar Al-Bashir’s potential travel to the United States of America, 18 September 2013, ICC02/05-01/09-162. The Prosecutor v. Omar Hassan Ahmad Al Bashir, Pre-Trial Chamber II, Decision regarding Omar Al-Bashir’s potential travel to the Federal Republic of Ethiopia and the Kingdom of Saudi Arabia, 10 October 2013, ICC-02/05-01/09-164.
First, in regard to the discretion of domestic jurisdictions, Pre-Trial Chamber I found it sufficient that the national case covers substantially the same underlying conduct as that alleged in the ICC arrest warrant. Second, in respect of the different legal cultures, the Chamber adopted a restrictive interpretation of Article 17 of the Rome Statute and confined itself to assessing due process concerns only to the extent that it affected Libya’s ability or willingness to carry out the proceedings.
After the issuance of the Warrant of Arrest, President Al-Bashir visited, among other States, Chad (in 2010, 2011, and 2013), Malawi (in 2011), and Nigeria (in 2013). As States Parties to the Rome Statute, each was under an obligation, pursuant to Articles 86 and 89 of the Rome Statute, to execute the Court’s cooperation requests for the arrest and surrender of President AlBashir. They, however, failed to do so. 28 The Pre-Trial Chambers of the International Criminal Court issued a number of decisions on the visits of the Sudanese President to States Parties or States which are not parties to the Rome Statute.