The African Union

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Addressing the African Union’s Proposal to Allow the UN General Assembly to Defer ICC Prosecutions

One of the aspects of the stand-off between the African Union (AU) and the International Criminal Court (ICC) regarding the proceedings against Sudanese President Omar Al Bashir is the call by AU for the United Nations Security Council to invoke Article 16 of the ICC Statute and request a deferral of the ICC prosecution of Bashir. The organs of the AU have made this call several times in the past 18 months but the Security Council has not acceded to this request. This has led to a feeling on the part of some African States that African concerns are being marginalised and that the structure of the UN Security Council does not take sufficient account of their interests. At a Ministerial meeting of African parties to the ICC Statute, held last November, African States recommended that Article 16 of the ICC Statute be amended to allow the UN General Assembly to make requests for deferrals of ICC investigations and prosecutions. The obvious aim of the proposal was to dilute the power of the SC with regard to ICC prosecutions. The proposed amendment reads…

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Is the Rift between Africa and the ICC Deepening? Heads of States Decide Not to Cooperate with ICC on the Bashir Case

Disclosure: I have acted as consultant to the Commission of the African Union on the question of the relationship between African States and the ICC. Note: This is a long post. If you're interested in whether Bashir is entitled to immunity under the ICC Statute I try to provide answers at the end.

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Africa and the International Criminal Court

This week African States Parties to the Rome Statute of the International Criminal Court will meet in Addis Ababa, Ethiopia to assess the work of the ICC in relation to Africa. The meeting is significant as all of the current situations and cases under investigation and being prosecuted by the ICC arise from the African continent. The meeting…

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