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James Nyawo: Selective Enforcement and International Criminal Law: The International Criminal Court and Africa

Intersentia 2017, 288 Pages
  • Chris Maina PeterEmail author
Chapter
Part of the Ethiopian Yearbook of International Law book series (EtYIL, volume 2018)

Whenever serious violations of human rights have occurred, the tendency of the international community has been to treat such occurrences as separate accidents and hence to establish ad hoc mechanisms to deal with them. This explains the establishment of institutions such as the Nuremberg, Tokyo, Yugoslavia and Rwanda Tribunals, to mention but a few. Due to their ad hoc nature, these institutions had a life span only as long as the adjudication of the case they were assigned to see.

The adoption of the Rome Statute in 1998 completely changed history, as it established, for the first time, a permanent institution to address serious human rights violations i.e. genocide, crimes against humanity, war crimes, and later aggression. Four years later in 2002 the Statute entered into force and the International Criminal Court (ICC) was born. This new institution was a game changer. It provided no immunity to any person notwithstanding their office. Article 27(1) was explicit in that the...

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© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.United Nations International Law Commission (ILC)GenevaSwitzerland
  2. 2.School of Law, University of Dar es SalaamDar es SalaamTanzania

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