Prosecution Of Crimes Against Humanity And Genocide In Africa A Comparative Analysis

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Despite years of impunity in Africa, the 1990s saw the perpetrators of some of the atrocities inrnthe continent face trials. However, all these efforts are varied. Some countries went throughrnprosecuting perpetrators of crimes against humanity and genocide through their domesticrncourts, while other perpetrators were brought before international ad hoc tribunals. Moreover,rnas of 1 July, 2002, the first permanent international criminal tribunal in the world’s history, thernInternational Criminal Court (ICC) had also pursued such perpetrators. These all efforts showrnthe lack of uniform organized approach to dealing with crimes against humanity and genocide inrnthe continent. This in turn leaves the issue of prosecution to the whim of governments andrninternational organizations like the United Nations. This means prosecutions could only happenrnwhen these governments and organizations want it. This scenario encourages impunity asrnleaders of some governments seek to shy away from prosecuting such crimes for a reason ofrncomradeship with the alleged perpetrators or fearing that they would one day face suchrnprosecution themselves. On the other hand, it might happen that by prosecuting, governmentsrnwant to send some political message to their opponents. The case of the United Nations SecurityrnCouncil is also not different. The taking of action by the Security Council depends on thernpolitical priority of the members as it is also a political organ. All in all, the consideration ofrnprosecuting crimes against humanity and genocide would to a large extent be based on non-legalrnconsiderations, rather than ending the fight against impunity. The existence of impunity in therncontinent, in turn, creates a peace and security threat as victims look to the bushes rather thanrnthe court room to bring justice for the crimes they thought were perpetrated against them. Thisrnpaper studies the legal frameworks or systems upon which the prosecutions took place, thernchallenges they faced or will face in the future and recommend the best system for prosecutingrncrimes against humanity and genocide in Africa by selecting five legal frameworks; the ICC, thernSpecial Court for Sierra Leone, the Ethiopian Legal frame work for the prosecution of crimesrnagainst humanity and genocide, Senegal legal frame work for the Prosecution of Hissene Habre,rnand the Rwandan Legal frame work, including the ICTR.

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Prosecution Of Crimes Against Humanity And Genocide In Africa A Comparative Analysis

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