Revisiting the role of sub-regional courts in the protection of human rights in Africa
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Date
2009
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Abstract
When the Rome Statute was being drafted, referral of a situation by a state party was thought to have the least potential for making the International Criminal Court (hereinafter referred to as the ICC) operational. It was frequently pointed out that States were notoriously reluctant to complain against other states on a bilateral basis. As M.ahnoush Arsanjani and W. W.Michael Reisman, two expert commentators on the ICC, have observed: Before and during the Rome negotiations, no one -- neither states that were initially skeptical about the viability of an international criminal court nor states that supported it assumed that governments would want to invite the future court to investigate and prosecute crimes that had occurred in their territory.
Description
Magister Legum - LLM
Keywords
Role of sub-regional, Courts, Human rights, Africa