Species of International Criminal Courts in Africa

Abstract

In pursuit of international criminal justice, different types of international criminal courts have emerged in Africa; as an organ of the UN, an independent court not forming part of the UN or the domestic criminal system. There are also those established as a division of national criminal justice systems either facilitated by the African Union (AU) or the International Criminal Court (ICC). The paper examines the socio-political conditions that resulted in their creation and provides descriptive analyses of their juridical nature and constitution. The paper maintains that each of these courts is a type of international criminal court with its own unique features and dynamism. The juridical nature of an international criminal court in Africa is largely influenced by the prevailing socio-economic and political conditions at the time of its creation and particularly the actors involved in its creation. It is however not clear what the benefits and challenges associated with each type of court (if any) are. There is the need for further research on the strengths of the types of international criminal court and the benefits for the countries involved beyond the jurisprudential gains of advancing international criminal justice.