From promise to practice: towards universal jurisdiction to deter the commission of mass atrocities in Africa

Abstract

Although African leaders have been the prominent proponents of the International Criminal Court (ICC), the present stance not to support the decisions of the ICC is a cause for concern. However, since the jurisdiction of the ICC is complementary to that of national states, the African Union needs to urge its member states to adopt domestic laws to prosecute perpetrators of mass atrocities and so avoid international intervention. If mass atrocity crimes give rise to universal jurisdiction – and if one considers that deterrence is the primary function of criminal justice – then accountability of perpetrators of mass atrocities can enhance prevention of mass atrocities in Africa. Therefore the AU, too, needs to institutionalise universal jurisdiction in order to have a network of courts with compulsory jurisdiction to ensure that perpetrators of mass atrocities find no refuge anywhere on the continent. The prospect that one may be prosecuted throughout the continent or the rest of the world, could act as a serious deterrent to committing such crimes.