The International Criminal Court Goes to Bat on African Terrain: A Snapshot of Jurisdictional Hurdles Posed by the Situations in Sudan & Uganda

Abstract

Since the negotiation and subsequent establishment of the mechanism of complementarity as being at the heart of the International Criminal Court’s delicate balancing of the concept of an international criminal law regime and the doctrine of sovereignty, the mechanism has been seen as having the ability to be a double edged sword. In the context of this commentary the look is at the potential of the doctrine as a likely vehicle to push states to retain control over prosecuting nationals charged with violating international humanitarian law while on occasion using the shield of sovereignty in matters pertaining to amnesties/pardons. In light of current situations under the ICC’s prosecutorial ‘radar’ and the focus of its activity, this commentary visits fleetingly the jurisdictional issues that are muddying the clean run of the ICC’s processes and procedures.