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Third World Approaches to International Criminal Law
Kiyani, Asad; Reynolds, John; Xavier, Sujith
A pattern of affording impunity to local power brokers throughout Africa pervades the application of international criminal law (ICL) in Africa. The International Criminal Court (ICC) investigation into Uganda is a notorious but representative example, although similar analyses can be made of the Central African Republic, Côte d’Ivoire, the Democratic Republic of Congo, and Libya. In Uganda, only members of the rebel Lord’s Resistance Army (LRA) have been indicted for international crimes, even though the United Nations, international human rights groups, and local NGOs have documented years of abuses perpetrated by government troops and local auxiliary units, often against the same populations victimized by the LRA. The ICC is thereby implicated in the power structures and political arrangements of a repressive state that both combats the LRA and often brutalizes the civilian populations of northern Uganda. Inserting itself into Uganda, the ICC becomes a partisan player in the endgame of a civil war that extends back over a generation, and is itself rooted in ethnic and tribal animosities cultivated through 19th century Euro-colonial benedictions of favor. Here, the ICC and the war it adjudicates become surprising bedfellows, repurposed by local elites for the consolidation of domestic power.
Keyword(s): Third World Approaches; International Criminal Law
Publication Date:
Type: Journal article
Peer-Reviewed: Yes
Institution: Maynooth University
Citation(s): Kiyani, Asad and Reynolds, John and Xavier, Sujith (2015) Third World Approaches to International Criminal Law. American Journal of International Law, 109. pp. 255-259.
Publisher(s): Cambridge University Press
File Format(s): other
Related Link(s):
First Indexed: 2020-04-02 06:06:29 Last Updated: 2020-04-02 06:06:29