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"The first decades in the fight against impunity by the Court and unfounded allegations of bias against Africa" [2019] ELECD 1015; in Mendes, P. Errol (ed), "Peace and Justice at the International Criminal Court" (Edward Elgar Publishing, 2019) 40

Book Title: Peace and Justice at the International Criminal Court

Editor(s): Mendes, P. Errol

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: The first decades in the fight against impunity by the Court and unfounded allegations of bias against Africa

Number of pages: 58

Abstract/Description:

This chapter provides an overview of the main investigations and prosecutions carried out by the Court in the first 16 years of its existence. The chapter deals with one of the major challenges faced by the Court in this early period of a permanent global court, namely the criticism that substantially all its investigations and prosecutions have been in Africa. The chapter critiques the allegations that the ICC is a western court that is biased against Africa and reckless as to the potential for peaceful settlement of conflicts in Africa. The chapter details how these critiques are ignorant of the facts that have given rise to the first investigations and prosecutions by the ICC. The chapter deals with how the UN Security Council has added to the workload of the Court by referring cases in Sudan and Libya without properly assisting the Court in fulfilling its prosecution in these cases.