Prosecuting International Crimes in Africa - PULP - University of ...

Introduction 5
Apart from international criminal prosecutions, national courts in
some African states have done a tremendous job in prosecuting and
possibly punishing perpetrators of international crimes, or are in the
process of doing so. In this regard, we present efforts by national courts to
prosecute international crimes of concern to the international community.
The Ethiopian courts have been able to punish individuals responsible for
genocide and crimes against humanity. Tiba’s contribution in chapter 7 is
on the Trial of Mengistu Haile-Mariam, former state official of Ethiopia
and other members of the then government for genocide, torture and
summary executions. His chapter examines the trials by the Federal Courts
and their contribution to post-conflict justice in Ethiopia. Tiba concludes
that Ethiopian courts have rendered an important contribution to the law
on genocide, especially at the domestic level by going beyond the
Genocide Convention, by including a ‘political group’ as a protected
group. Further, the Ethiopian courts have also stressed their rejection of
the official status of accused persons responsible for genocide. He criticises
the trials for representing victors’ justice, their lack of fairness, disregard of
the rights of accused and the inherent problems associated with trials in
absentia.
In chapter 8, Neldjingaye discusses the trial of Hissène Habré in
Senegal. Habré is allegedly responsible for crimes against humanity,
particularly torture committed in Chad during his term in office as the
President of Chad. Neldjingaye analyses the relevance in international law
of the trial of Hissène Habré in Senegal. He provides the background of the
Habré case by examining the Hissène Habré’s human rights legacy and
discusses the Belgium extradition request as well as the role played by the
Committee against Torture in the case. He highlights that the trial is likely
to contribute to the development of international law in aspects of the
immunity of state officials, the principles of universal jurisdiction,
territoriality and passive personality, and the duty to prosecute and punish
individuals responsible for international crimes despite the principle of the
non-retroactivity of punishment and law.
Although Uganda referred the situation to the Prosecutor of the ICC
for investigation and prosecution of the leaders of the Lord’s Resistance
Army (LRA), there subsequently emerged the need for domestic
prosecutions in Uganda especially after the establishment of the War
Crimes Division of the High Court of Uganda. Parallel to this was the need
for traditional justice system in Uganda. In chapter 9, Mbazira looks at the
genesis and causes of the LRA war, the different attempts to end the war
and mechanisms that have been put in place to deliver justice and end
impunity in Uganda. Mbazira’s chapter also reviews some of the
important provisions of the International Criminal Court Act, 2010 which
allows cooperation between the ICC and Uganda. Further, he reviews a
constitutional petition which has been filed challenging the consistency of
the ICC Act to the Constitution of Uganda, 1995. The conclusion reached
is that the situation in Uganda illustrates some of the challenges African