Distant Justice: The Impact of the International Criminal Court on African Politics

Description

There are a number of controversies surrounding the International Criminal Court (ICC) in Africa. Critics have charged it with neo-colonial meddling in African affairs, accusing it of undermining national sovereignty and domestic attempts to resolve armed conflict. Here, based on 650 interviews over 11 years, Phil Clark critically assesses the politics of the ICC in Uganda and the Democratic Republic of Congo, focusing particularly on the Court's multi-level impact on national politics and the lives of everyday citizens. He explores the ICC's effects on peace negotiations, national elections, domestic judicial reform, amnesty processes, combatant demobilisation and community-level accountability and reconciliation. In attempting to distance itself from African conflict zones geographically, philosophically and procedurally, Clark also reveals that the ICC has become more politicised and damaging to African polities, requiring a substantial rethink of the approaches and ideas that underpin the ICC's practice of distant justice. Half-title Title page Copyright information Contents Acknowledgements Abbreviations Map 1 Introduction: The Warlord in the Forecourt Introduction Intervention and Intersections: Analysing the ICC's Political Impact in Africa Contributions of the Book Broad History of the Conflicts in Northern Uganda and Eastern DRC Structure and Argument of the Book 2 Court between Two Poles: Conceptualising 'Complementarity' and 'Distance' Introduction Complementarity: Admissibility and Partnership Distance: Political and Philosophical Separateness Political Distance Philosophical Distance Liberal Underpinnings of Complementarity and Distance 3 Who Pulls the Strings?: The ICC's Relations with States Introduction Chasing Cases: The Politics of State Referrals in Uganda and the DRC Uganda State Referral DRC State Referral Analysing the Uganda and DRC State Referrals Hand in Glove? The Challenges of Cooperation General Investigative Approaches State Cooperation during Investigations in Uganda State Cooperation during Investigations in the DRC Analysis of State Cooperation in Uganda and the DRC Wilfully Used? Politicisation and Instrumentalisation of the ICC Politicisation and Instrumentalisation in Uganda Politicisation and Instrumentalisation in the DRC 'Changing the Game on the Ground': The ICC's Domestic Political Impact ICC Impact on State Responses to Armed Opponents in Uganda and the DRC ICC Impact on National Elections in Uganda and the DRC Conclusion 4 In Whose Name?: The ICC's Relations with Affected Communities Introduction Local Conceptions of Conflict and Necessary Responses to Violence Local Conceptions of Conflict and Necessary Responses in Northern Uganda Local Conceptions of Conflict and Necessary Responses in Eastern DRC Popular Perceptions of the ICC as a Whole Popular Perceptions of the ICC in Northern Uganda Popular Perceptions of the ICC in Eastern DRC Popular Interactions with Specific ICC Branches Popular Interactions with Specific ICC Branches in Northern Uganda Popular Interactions with Specific ICC Branches in Eastern DRC Conclusion 5 When Courts Collide:The ICC and Domestic Prosecutions Introduction The ICC's Role in Domestic Judicial Reforms Domestic Judicial Reforms in Uganda Domestic Judicial Reforms in the DRC To Be or Not to Be Involved: Assessing Admissibility Admissibility in Uganda Admissibility in the DRC Conclusion 6 Peace versus Justice Redux: The ICC, Amnesties and Peace Negotiations Introduction Domestic Amnesties Domestic Amnesties in Uganda Domestic Amnesties in the DRC Peace Negotiations Peace Negotiations in Uganda Peace Negotiations in the DRC Conclusion 7 The ICC and Community-Based Responses to Atrocity Introduction Community-Based Practices in Northern Uganda Background to Community-Based Mechanisms in Northern Uganda Popularly Perceived Virtues and Pitfalls of Community-Based Mechanisms in Northern Uganda The ICC's Intersections with Community-Based Mechanisms in Northern Uganda Community-Based Practices in Eastern DRC Background to Community-Based Mechanisms in Eastern DRC Popularly Perceived Virtues and Pitfalls of Community-Based Mechanisms in Eastern DRC The ICC's Intersections with Community-Based Mechanisms in Eastern DRC Conclusion 8 Continental Patterns: Assessing the ICC's Impact in the Remaining African Situations Introduction Central African Republic Sudan Kenya Libya Côte d'Ivoire Mali Conclusion 9 Conclusion: Narrowing the Distance Theoretical Insights from the ICC's Practice of Distance over Complementarity Reinvigorating Complementarity: Practical Recommendations for Reform of the ICC Bibliography Index