DECLINING CREDIBILITY OF THE INTERNATIONAL CRIMINAL COURT
An Investigation of African Exodus and Reasons for Withdrawal.
Lyly Malangu Ngoy
Lancaster University
1
Table of Contents
1.Research background ................................................................................................................................ 3
2.Introduction .............................................................................................................................................. 6
3.Problem statement ................................................................................................................................... 7
4.Aim of the research ................................................................................................................................... 9
5.Objectives of the research ........................................................................................................................ 9
6.Value of conducting this research ............................................................................................................. 9
7.Research methods ................................................................................................................................... 10
8.Research hypothesis ............................................................................................................................... 13
9. Structure of chapters.............................................................................................................................. 13
10. Funding: ................................................................................................................................................ 15
11. Ethics: ................................................................................................................................................... 16
12. Quantitative / qualitative: .................................................................................................................... 17
13. Analysis:................................................................................................................................................ 19
14. Peer Review: ......................................................................................................................................... 20
15.Bibliography: ......................................................................................................................................... 22
2
1. Research background
In 1998, at the FAO headquarter of the United Nations in Rome, the Rome statute was
adopted through voting by 120 states. The intricacy of cases arbitrated by the tribunal set up via
the ICC to investigate the Rwanda genocide and the special court established in Sierra Leone
needed enough expatriate evidence to warranty reliance by the courts.1
Research and empirical evidence show that in the past, prosecution of international crimes
has been the task of national courts due to the fact that only national authorities have at their
disposal coercive powers needed to ensure apprehension and prosecution of suspects and
enforcement of criminal sentences. Evidently, prosecutions of crimes under international court
laws by national courts led to two main issues. First national courts were known to be far too
impartial, especially when they have to adjudicate on issues committed by their own state.
Secondly, the prosecution of international crimes by national courts were burdensome exercise for
certain states considering they could be politically manipulated and costly materially speaking.
These factors without a doubt were basis that led to injustice and impunity against suspects and
perpetrators of international crimes. These shortcomings of national courts led to efforts by
international institutions and world leaders in the establishment of an international court system
that will impartially deliver fair adjudicated verdicts unto suspects and war crimes perpetuators.
Whilst representing a significant step in this new world order, delivering fair judgments
unto war crimes perpetuators and war crime suspects have not been a smooth transition with issues
ranging from the ICC being impartial in delivering their judgments, deliberately choosing which
1
Appazov, Artur. Expert Evidence and International Criminal Justice. Cham: Springer, 2016. Accessed January 13,
2017.
3
criminal case to consider for judgments- judicial dependence,
period taking in delivering
judgments, etc.
The ICC began its operation in July 2002 and had 124 member states of which 34 are
African states (ICC, 2016). Judicial division’s shows that nine (09) African situations out of the
ten (10) ICC current main cases are currently under investigations clearly pointing the high interest
of the ICC on the African continent and probability which this research aim to investigate by
assessing if African nations are being inappropriately targeted by the ICC. Is the ICC bias towards
African states? Becomes the question, Why African’s states such as: South African, Gambia and
Burundi leaving the ICC? Why would a country such as the United States that is often outspoken
in matters of human rights that is a global issue decline to append its signature to international law
and an institution mandated with the role of protecting human rights?
The enactments of the Rome Statute from the conventions of The Hague forming the
agreed and signed treaties, which were designed to ensure that states were legally bound, and they
were not to make them criminally liable for individuals2. Recent ICC activities, however,
contradict these treaties and clearly points out significant interest given to African cases under
investigation such as that of (Muamar Gadhafi – Libya case; Uhuru Kenyatta – Kenya; Central
African Republic – Jean Pierre Bemba Gombo; Laurent Gbagbo- Ivory Coast, etc.…). The
argument brought forward by this judicial dependence isn’t stipulated to tarnish the image of the
ICC and the reason for which it was created but actually to critically analyse its treaties regarding
their judicial independence and also the probability of the ICC being impartial towards African
2
Annan K, Lee S R and Lee H C T, The International Criminal Court: The Making of the Rome Statute - Issues,
Negotiations and Results (Martinus Nijhoff Publishers, Leiden; 1999)
4
states leading to the disinterest of certain African nations in their adjudications and leading to their
departures from the ICC.
It has become a vivid argument in today’s press and it goes without saying that judicial
procedures and adjudications deliveries by the ICC have created a need for further research into
the issues through which findings derived from various investigations could help in the
establishment of comprehensive treaties preamble that will not only strengthen the ICC core values
but will ultimately impact on its image. This research comes in as a contributor to this effect as the
research questions are drafted with the purpose of deriving new findings backed by empirical
evidence and theoretical framework that could serve as a portfolio of recommendations necessary
to sustain sustainability the International Criminal Court. The ICC procedural mechanism demands
that expert evidence be incorporated in the decision-making process meant to boost rationality,
accuracy, and effectiveness in fact determination which for some reason has been biased in most
cases and has led to cases such as that of the Laurent Gbagbo- Ivory Coast request for leave to
appeal.3 The research background as presented therefore aims to clarify the need for understanding
the past, and the current practice of the tribunals set up by the International judicial system in
connection with the alleged biasness and partiality issues. As a result, in finding out solutions a
peculiar analysis considering the objectives of the international criminal court and the locally
designed legal traditions which emphasise on the procedural law would be looked at with emphasis
on national laws deciding if at all perpetuators or suspects could be considered as war criminals
where expert evidence and elements could be used as strong evidence for international court
3
Internationalized Criminal Courts2004: Sierra Leone, East Timor, Kosovo, and Cambodia (International Courts
and Tribunals Series). 1 Edition. Oxford University Press.
5
judgments in which case core values and treaties of the International Criminal Court would once
again be scrutinized to present either solid conceptual foundation on which the institution rests
upon or propose new proceedings that may help in successfully altering procedural mechanism.
2. Introduction
The international criminal justice is represented by the International Criminal Court, which
was enacted in 1998 and adopted by 120 states.4 The ICC is a Hague-based court situated in
Netherlands, and it is an intergovernmental organization that has the given authorities and the
judicial powers to prosecute individuals for genocides, war-related crimes and international. The
international criminal court began its work from the year 2002 on July the 1st being the date the
Rome Statute entered into force. It consists of four (04) major organs namely the presidential
office, the judicial departments, the OTP and the Registrars’ office.5 Preliminary investigation
shows that the prosecutor’s office opened until date ten (10) official case under investigations and
currently conducting (09) initial examinations.
Till date, the International criminal court has indicted thirty –nine (39) individuals all of
whom are Africans.6 Leading to the question of partiality in judicial dependence and the bias nature
of the court being particularly interested in African base cases only. This profound reality has led
4
International Criminal court cases under investigations Situations. 2017
5
BBC News. 2017. Is this the end for the International Criminal Court? - BBC News. [ONLINE] Available
at: http://www.bbc.co.uk/news/world-africa-37750978. [Accessed 13 January 2017]
6
BBC News. 2017. Is this the end for the International Criminal Court? - BBC News. [ONLINE] Available
at: http://www.bbc.co.uk/news/world-africa-37750978. [Accessed 13 January 2017]
6
to few African nations desisting from believing in the ICC’s core values and led to the engagement
of a departure procedure from the International criminal court7. These actions have also led to
speculation and accusation from many scholars and researchers of a continuous western
imperialism system being once again imposed on African countries and a disproportionality of the
ICC targeting African nations and their leaders 8
The investigation hereby presented therefore explores the problem statements in order to
derive findings that will explain the African exodus from the international criminal court whilst
deriving sustainable solutions from empirical evidence, theoretical frameworks and models, data
gathered, future premises on which the international criminal court could mandate new
proceedings enabling a more interesting procedural mechanism that will refrain from views on
African states sovereignty at the International criminal court. This proposal will include a problem
statement, the research’s main aim, and its objectives, the value of conducting this research, the
research methods, and the research hypothesis.
3. Problem statement
Since its establishment, the International Criminal Court has been serving as the last resort
for the prosecution of war-related crimes and genocide. Over the last decade, the ICC has made a
tremendous move in addressing and finding solutions to the international justice among the
7
CC AND AFRICA | International Criminal Court and African Sovereignty. 2017. ICC AND AFRICA |
International Criminal Court and African Sovereignty
8
CC AND AFRICA | International Criminal Court and African Sovereignty. 2017. ICC AND AFRICA |
International Criminal Court and African Sovereignty
7
member states.9 Going by the record, by June 2015, the number of State parties had risen to 123
and the court had opened files and investigations in eight countries. The court had also issued three
verdicts by the same date. It is evident that the International Criminal Court had been referred by
many state parties as a court of real justice, considering the fact that it has presided over three cases
conclusively giving a satisfactory verdict. As a matter of fact, some political leaders and very
influential individuals in some countries had taken advantage of the weak judicial system within
their nations.10 This had led to skyrocketing of the criminal offenses especially those against
humanity. The inception of the Hague-based court has resulted in considerable decrease in such
crimes since over the time it has acted as a big brother watching all over the world to prosecute
individuals committing war-related crimes, and crime against humanity.
However, despite the milestone the court has made over the last decade, the court has faced
a myriad of challenges and problems. For instance, there is a high expectation by the member
countries on the administration of justice by the tribunal, some that are practically impossible due
to lack of investigative machinery and non-compliance by some governments. Secondly, there is
intention of a mass withdrawal from the Rome Statute in particular by some of the African
countries claiming that the court has been very biased on its proceedings. They argue that only
9
Dawson, Grant, and Sonia Farber. 2012. Forcible displacement throughout the ages: towards an international
convention for the prevention and punishment of the crime of forcible displacement. Leiden: Martinu
Nijhoff Publishers
10
Bayefsky, Anne F. 2000. Human rights and forced displacement. The Hague [u.a.]: Nijhoff.
8
African leaders are being prosecuted before the court, leaving a big question that was the court
created only for Africans?
4. Aim of the research
The primary reason for conducting this research is to find out the motives behind the
African exodus from the Hague-based court and the impact of the withdrawal of African
states from the Rome Statute.
5. Objectives of the research
•
To investigate what influences African states to (attempt to) withdraw from the ICC
•
To understand how the International Criminal Court got involved in issues that are
seen to compromise the legitimacy and credibility of the court whilst considering
what needs to be done to change the status.
•
To identify the barriers regarding the implementation of the Rome statute so as to
come up with the best ways of improving the Statute of the Rome by either
adjusting existing laws or creating extra-judicial framework system to enhancer the
court’s capacity in order to ascertain its major role.
•
To evaluate the consequences of African nations leaving the International Criminal
court for African states and their citizens and its impact on the ICC generally.
6. Value of conducting this research
9
The investigation attempts to emphasize the Intrinsic and Extrinsic difficulties of the ICC,
impacting internal and external spurs towards the ICC. The research, therefore, seeks to contribute
to Academia and literature in general in the region dealing with the area of international criminal
law, Diplomacy, and intergovernmental organization behavior. It is obvious that this is not the first
of this type of research on the ICC adjudicated procedure and operational mechanism and the effect
continuously contribute to the important enquires that affect the effective indulgence of justice by
the International criminal court.11 It furthermore seeks to generate a deeper understanding of the
relationship between the ICC and the African states.
The research would again allow me to gain professional research skills and would help me
get better at critical analysis whilst its finding would allow any reader in developing an
understanding of the function of the ICC, and some of its current statute and challenges.
7. Research methods
The research success is mainly dependent on its methodologies. Six (06) chapters would
be used in meeting the aim and objectives of the research. The initial chapter would be constituted
of a general introduction covering core values, benefits of the research whilst the second chapter
would cover the literature review. The method that will be adopted would be the one that will
critically review the research questions in relation to the research aim and objectives and apply a
unique research method approach in defining missing derivatives that will form basis of new
findings.
11
IBM SPSS - IBM Analytics. 2017. IBM SPSS - IBM Analytics.
10
•
The onion research model by12 would be used to analyze the philosophy of previous
research, the approaches, strategies, choices, techniques and procedures as data
would be collected from secondary sources
(Online) and primary source (interview/questionnaires). A statistical software
package (SPSS) would then be used in analyzing gathered data to derive, interpret,
and explain new findings.
•
The findings would be then analyzed, and recommendations would be given
considering what the leading cause of the African exodus to the ICC are. These
would form bases for recommendations.
•
In order for this research to gather as much and relevant information as possible, a
questionnaire that is structured would be used to collect data. The data gathered
from Interviews and other current researchers in the field would be accessed and
analyzed. The questionnaire will be drafted in such a way that it covers a large
aspect of issues both relating the objectives of the investigation with a copy
provided in the section of appendix for assessment.
There would be adoption of three different structured question in designing the questionnaire:
1.
The Closed questions type- The closed questions are drafted in such a way that the
respondents or sample have the opportunity to choose from a list of answers given an
example of these are “Yes or No question,” “Male or Female,” “location, etc..”13
12
Cole A C, Organisational Behaviour Theory and Practice (2nd edn, Cengage Learning, UK; 2001)
13
Thomas, R. Murray. 2003. Blending qualitative & quantitative research methods in theses and dissertations.
Thousand Oaks, Calif: Corwin Press
11
2.
The open questions type - The open questions are drafted in such a way that the
respondents or sample have the opportunity to express their opinion and give further
information if need be- it allows for more information to be gathered on a subject matter.
3.
The Scaled question type: The scaled questions are drafted in such a way that the
respondents or sample have the opportunity to choose between a range of scale in the
Likert format given to them. It allows for intensity of feelings to be measured with respect
to the questions asked.
In this research, a dual type of data will be used:
•
The Primary data- This is information gathered from a questionnaire
administered to interviewees, researchers, an expert on the ICC and issues.
•
Secondary data- the secondary data are data’s that would be derived from
book, journals, relevant information’s from publications, Governments,
the International Criminal court itself, newspaper articles, past research
and literature, amongst others.14
•
A multimethod including qualitative and quantitative data would be used
throughout this investigation to efficiently meet the aim and objectives of
this investigation.
It is worth mentioning that whilst this is the intended research methods approach, it will be
developed further in the thesis report itself with a potential of another research method approach
14
Newman, Isadore, and Carolyn R. Benz. 2006. Qualitative-quantitative research methodology: exploring the
interactive continuum. Carbondale, Ill. [u.a.]: Southern Illinois Univ. Press.
12
different from the above mentioned as the findings from the literature may dictate the right
approach and method.
8. Research hypothesis
The research hypothesis is based on the grounds that the International Criminal court has
been set as an intergovernmental organisation with the given authorities and mandate to prosecute
persons for genocides and war-related crimes. In his endeavour to meet the aim of its creation, the
International Criminal court has concentrated most if not all of its major effort on African states
thereby opening discussions of partiality, this intergovernmental organisation accused of being
biased, its adjudicated verdicts and the time it takes, a sense of continuous western imperialism
system being imposed on African countries considering its work so far has indicted about 39
Africans.15 The research, therefore, would find ways of providing grounds in which certain African
countries are leaving the ICC and through these reasons would draft recommendations that could
ensure sustainability and the ICC’s Long life. It would also address what this would mean to
African countries leaving, current African members of the ICC and its citizens
9. Structure of chapters
The structure of the study will be conducted as follows:
•
Chapter 1: would be the rational or background research followed by the Introduction,
research aims and objectives, and a conclusion would sum up what has been covered
and the subsequent chapter main points.
15
Newman, Isadore, and Carolyn R. Benz. 2006. Qualitative-quantitative research methodology: exploring the
interactive continuum. Carbondale, Ill. [u.a.]: Southern Illinois Univ. Press
13
•
Chapter 2: would be the literature review, where various discussions and hypothesis
covering International criminal court core values, strategies, procedural mechanism
would be analyzed with an emphasis on the challenges and consortium of issues faced
by the International Criminal court would be discussed. A critical analysis of how the
International Criminal Court became submerged in issues that tend to compromise its
legitimacy and credibility would also be looked at whilst considering what can be put
in place to improve the state of affairs. A review of the African exodus and its
continuous evolution on the continent would also be looked at whilst using empirical
evidence and theoretical frameworks/models within the core basis of diplomacy that
could be adopted towards an effort in deriving sustainable solutions to these challenges.
•
Chapter 3: would cover the research method and will clearly detail the research
method that will be used in the process. This methodology will uncover the data
collection methods and their interpretation. Furthermore, it will address the study’s
limitations and ethical issues.
•
Chapter 4: will address the analysis and discussion of the findings of the data gathered
during this research. It will also evaluate post research outcome in the light of the
research findings.
•
Chapter 5: this chapter will derive the conclusion of the study and table the
recommendations that could be adopted by the ICC.
•
Chapter 6 : would be the conclusion, recommendations and will discuss the experience
the researcher had gained whilst conducting this investigation
14
10. Funding:
A project of this nature requires funding from organizations, which can offer support to a
research project with clear objective and aim. The department of justice in the U.S and the
National Institute of Justice are one of the major organizations with a capacity to offer support to
the similar research project.16 The organization has been inviting application for funding for
projects research, which has the aim of understanding justice process of a criminal activity and
also improvement of the victim's ability to get justice. The program instituted by this department
in sponsoring research has prioritized areas like; Victim-Offender Overlap, Research that aims to
restore the practice of justice with crime victims, the financial cost of crime victimization, and the
secondary data analysis.17 These aim to improve understanding of victimization, which is violent,
and the risk factor in the administration of justice. Mass withdrawal from ICC is an area that the
organization has taken keen interest about, therefore, would be their great pleasure to offer the
financial support for this research project. The Trust Fund in the ICC also has a mandate of
ensuring victims' protection and justice for all. Its primary responsibility is to offer financial
assistant to victims and also to individuals or entities with the aim of conducting research on justice
system on the ICC. This implies that they will not hesitate to offer their support to the project.
16
Nelson, Dorothy W. 1974. Cases and materials on judicial administration and the administration of justice. St.
Paul: West Pub. Co.
17
Nelson, Dorothy W. 1974. Cases and materials on judicial administration and the administration of justice. St.
Paul: West Pub. Co.
15
The Leverhulme Trust is another entity that provides research opportunities in areas of
Social Science that can transform the human thinking in the contemporary world.18 Being that this
research focuses on the social relationship between the court and the withdrawing African
countries from the Rome Statute, it falls within their remit. Application of this research funding
only requires a proposal of at most 5 A4 pages with clearly explained terms of the research, coupled
with precise data or diagrams for quick understanding by the lay reader.
11. Ethics:
Ethics defines the moral standards or principles upon which the behavior or conduct of the
International Criminal Court is governed.19 Ethical conduct if the court and its members require
that when taking the oath of office, a member of the bench and any other staff vows to perform
his/her duty in a faithful and honorable manner, paying attention to investigation's and
prosecution's confidentiality. Team members in their code of conduct are required to adhere to the
set standards and uphold their compliance to the best of their ability. Professional ethics generally
in its set standards expects the prosecutor and his/her deputy to act as an example to other staff
members by providing appropriate guidance and direction as defined in the Code. The prosecutor’s
office is required to be an independent department of the court that does not depend on other
external forces or undue influence in its decision-making when executing its mandate.
18
Nelson, Dorothy W. 1974. Cases and materials on judicial administration and the administration of justice. St.
Paul: West Pub. Co.
19
Klip, André, and Göran Sluiter. 1999. Annotated leading cases of international criminal tribunals. Cambridge:
Intersentia
16
To maintain the dignity of the Court, the members of the office are needed to exercise their
powers honorably and conduct themselves in a manner putting the interest of the court and not
their selfish interest.20 In the fulfillment of the trust by the Office of the Prosecutor, faithful
conduct is of the essence regarding its loyalty to the aims and purpose of the court. The court
should undertake its operation with impartiality and confidentiality giving its members freedom of
expression and association. The prosecutor and the staff should not accept remunerations, gifts and
favors from external sources with proper handling of evidence and information gathered.
Protection of the victims and witnesses is essential in ensuring justice is achieved.
The OTP has no specific code of ethics despite the existence of such for the defense counsel
and judges of the ICC. There have been conflicting obligations in the Lubanga and Al-Bashir cases,
which are viewed as having undermined the ICC's credibility.21
12. Quantitative / qualitative:
Understanding of the loss of credibility and justice system in the ICC requires a critical
method that would unveil the all the aspect of justice from the court to the victims. A debate has
been going on especially in the member state on the best and justifiable method that can be
employed to create a proper understanding of the situations and dynamics of the court. The claims
of incredibility and a mass walk out by the some of the African States parties is not something to
20
Turvey, Brent E., and Stan Crowder. 2013. Ethical justice: applied issues for criminal justice students and
professionals. Oxford: Elsevier Academic Press.
21
Bedont B, ‘Gender-Specific Provisions’ in Essays on the Rome Statute of the International Criminal Court,
Volume 1(edited by Flavia Lattanzi and William A Schabas) (il Sirente, Italy 2003)
17
go by hence a keen interest must be taken to evaluate the rationale behind the scenario.22 Many
researchers argue that to produce knowledge; observational features should be embraced for the
realization of the quantifiable phenomena, and this primarily focuses on qualitative analysis.
The philosophical approach is key to the existing observational approach since it enhances
in-depth understanding about the current and future trend of the justice system. In this research,
numerous attempts have been made to the theory of complexity to come up with a clear framework
from which an empirical data can be produced. Currently, a consensus has not been reached to do
so, but the theory of complexity remains outstanding to the present system of analysis.23 Relating
to this research project, qualitative undertaking predominantly fits the subject of the study. The
application of the conceptual approach to understanding human behavior from the perspective of
informants will be paramount in critical analysis of thoughts related to the loss of credibility of the
court. The qualitative methodological approach, which focuses on the collection of data through
interviews and observation and also analyzing the same data by themes from the informant’s
description, will be the first methodological choice. However, regarding quantitative research,
sometimes, the historical data will be used as backup information for the development of
comprehensive research and draw a convincing conclusion, though it will not form the primary
methodological approach.
22
Thomas, R. Murray. 2003. Blending qualitative & quantitative research methods in theses and dissertations.
Thousand Oaks, Calif: Corwin Press
23
Cryer R, Friman H, Robinson D and Wilmshurst E, An Introduction to International Criminal Law and Procedure
(3rd edn, Cambridge University Press, Cambridge 2014)
18
13. Analysis:
Failures of the ICC have contributed to the declining credibility of the court as viewed by
many critics. When the concept of accountability was developed through the establishment of the
Security Council that was mandated to claim jurisdiction over human rights, it has failed to achieve
a high level of prosecution despite plenty of resources being allocated to it.24 Besides, it is argued
that the court is expressly taking action against African violators of Human rights thus leading to
the geographic disproportionality in its prosecution of the cases. However, across the continents
there has been a gross human rights violation, ICC's investigations have sharply focused on Africa
only.
This disproportionate act by the ICC has raised concerns about ICC's credibility, and many
people view it a western tool. Critics have also noted the failure by ICC to level charges against
the perpetrators who have greater chances of being brought to trial. The ICC, for example, leveled
charges against Omar al-Bashir for committing criminal activities in Darfur.25 The incumbent
president has evaded arrest and avoided his prosecution by taking advantage of the support
network behind him. He has been traveling to the countries that are signatories of ICC but have
failed to arrest him being an incumbent head of state thus tarnishing the ICC standing.
24
Internationalized Criminal Courts2004: Sierra Leone, East Timor, Kosovo, and Cambodia (International Courts
and Tribunals Series). 1 Edition. Oxford University Press.
25
Dawson, Grant, and Sonia Farber. 2012. Forcible displacement throughout the ages: towards an international
convention for the prevention and punishment of the crime of forcible displacement. Leiden: Martinu
Nijhoff Publishers
19
The referral against Gaddafi of Libya has tainted the image of the International Court. The
ICC’s main objective is to ensure there is justice to the affected complainants and while swinging
into action; it is faced with some limitations. Therefore, it is upon the ICC to play its role in meeting
its objectives for which it was established. The ICC has been criticized for having ignored the
prosecution of crimes committed by Middle East, Asia, Latin America and some Western
countries. It is noted by many that it is an uphill task for ICC to prosecute influential individuals
of powerful states but is quick to take action against the developing countries in Africa hence its
declining credibility
14. Peer Review:
According to Keppler, E. 2011 who wrote a journal on Managing Setbacks for the ICC in
African context, he stresses on the requirement by African countries that are that Rome statute’s
signatories in aiding the International Court to arrest the war criminals who have been issued with
warrants of arrest. This process will ensure that the efforts of the ICC are not undermined, and
justice is realized for the victims of the atrocities. The ensuing argument is from a legal perspective
though the court's political aspect resulting from these actions cannot be ignored. The international
court has to be sensitive to the political effects such investigations have to a given country since
such inquiries may enhance the tension. For example, the Kenyan case, which was feared, could
put the country at risk and interfere with the fragile peace of its citizens. The event of the former
president of Cote d'Ivoire – Mr. Laurent Gbagbo at the Hague-based court caused chaos and
20
rumbles among his supporters leading to political divisions in the country.26 The ICC, therefore,
must recognize the need for universal jurisdiction and appreciate political options could be
available in resolving such conflicts.
Beth and Allison in 2010 analyzed the credible commitments by countries to join ICC and
the consequences of such commitments. They believe that the states that are most vulnerable to
possible ICC cases having an effect on their citizens have readily committed to the ICC while the
states that are potentially vulnerable and have other alternative means to hold their leaders
accountable have failed to join the International Court. They view the ICC as a useful mechanism
for some of the governments to show their commitment in scaling down violence by bringing to
book such leaders who engage in war crimes. Therefore, the credibility of this court is paramount
in its mandate to serve justice to all affected victims of such violence with a high level of integrity
in the judicial process.
26
Gbagbo and Blé Goudé Case. 2017. Gbagbo and Blé Goudé Case. [ONLINE] Available at: https://www.icccpi.int/cdi/gbagbo-goude. [Accessed 13 January 2017]
21
15. Bibliography:
Annan K, Lee S-R and Lee H C T, The International Criminal Court: The Making of the Rome
Statute - Issues, Negotiations and Results (Martinus Nijhoff Publishers, Leiden; 1999)
Appazov, Artur. Expert Evidence and International Criminal Justice. Cham: Springer, 2016.
Accessed January 13,
2017. http://proxy.ohiolink.edu:9099/login?url=http://link.springer.com/10.1007/978-3319-24340-5.
Bayefsky, Anne F. 2000. Human rights and forced displacement. The Hague [u.a.]: Nijhoff.
BBC News. 2017. Is this the end for the International Criminal Court? - BBC News. [ONLINE]
Available at: http://www.bbc.co.uk/news/world-africa-37750978. [Accessed 13 January
2017]
Bedont B, ‘Gender-Specific Provisions’ in Essays on the Rome Statute of the International
Criminal Court, Volume 1(edited by Flavia Lattanzi and William A Schabas) (il Sirente,
Italy 2003)
CC AND AFRICA | International Criminal Court and African Sovereignty. 2017. ICC AND
AFRICA | International Criminal Court and African Sovereignty. [ONLINE] Available
at: http://www.africanholocaust.net/news_ah/icc_and_africa.html. [Accessed 13 January
2017]
Cole A C, Organisational Behaviour Theory and Practice (2nd edn, Cengage Learning, UK;
2001)
Cole, Peter, and Brian McQuinn. 2015. The Libyan revolution and its aftermath. London: Hurst.
22
Cryer R, Friman H, Robinson D and Wilmshurst E, An Introduction to International Criminal
Law and Procedure (3rd edn, Cambridge University Press, Cambridge 2014)
Dawson, Grant, and Sonia Farber. 2012. Forcible displacement throughout the ages: towards an
international convention for the prevention and punishment of the crime of forcible
displacement. Leiden: Martinu Nijhoff Publishers
Gbagbo and Blé Goudé Case. 2017. Gbagbo and Blé Goudé Case. [ONLINE] Available
at: https://www.icc-cpi.int/cdi/gbagbo-goude. [Accessed 13 January 2017]
IBM SPSS - IBM Analytics. 2017. IBM SPSS - IBM Analytics. [ONLINE] Available
at: http://www.ibm.com/analytics/us/en/technology/spss/. [Accessed 13 January 2017].
International Criminal Court cases under investigations Situations. 2017 [ONLINE] Available
at: https://www.icc-cpi.int/pages/situations.aspx. [Accessed 13 January 2017]
Internationalized Criminal Courts2004: Sierra Leone, East Timor, Kosovo, and Cambodia
(International Courts and Tribunals Series). 1 Edition. Oxford University Press.
Klip, André, and Göran Sluiter. 1999. Annotated leading cases of international criminal
tribunals. Cambridge: Intersentia.
Nelson, Dorothy W. 1974. Cases and materials on judicial administration and the
administration of justice. St. Paul: West Pub. Co.
Newman, Isadore, and Carolyn R. Benz. 2006. Qualitative-quantitative research methodology:
exploring the interactive continuum. Carbondale, Ill. [u.a.]: Southern Illinois Univ. Press.
Thomas, R. Murray. 2003. Blending qualitative & quantitative research methods in theses and
dissertations. Thousand Oaks, Calif: Corwin Press
23
Turvey, Brent E., and Stan Crowder. 2013. Ethical Justice: applied issues for criminal justice
students and professionals. Oxford: Elsevier Academic Press.
http://public.eblib.com/choice/publicfullrecord.aspx?p=1218206.
24