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Part I Context, Challenges, and Constraints, 4 The ICC and the AU

Ottilia Anna Maunganidze, Anton du Plessis

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 July 2024

Complementarity — Jurisdiction — War crimes — Crimes against humanity

The relationship between the ICC and the AU has become a frequent bone of contention. The impact is naturally political, but it has also had an appreciable influence on ICC practice. This chapter analyses the legal and political background to the persistent disagreement, including the origin and foundation of divergent positions, such as, for instance, on head of state immunity and cooperation duties. It cautions against an oversimplification of ‘African’ views while also highlighting the progress made by some African countries in investigating, prosecuting, and adjudicating international crimes. It further examines the proposed expansion of the African Court of Justice and Human Rights’ jurisdiction to deal with serious crimes, including international crimes, and the implications thereof.

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