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

Introduction 7
resort. The conclusion reached is that the ICC and African states need to
do more to reassure each other that they are willing and able to work
together to end impunity in Africa. The ICC cannot go it alone in ensuring
that those who are responsible for international crimes are held
accountable. Further, it is argued that the principle of complementarity
applies even when the case is before the ICC.
Nkhata’s contribution (chapter 13) is on the implementation of the
Rome Statute in Malawi and Zambia. Bearing in mind that the two states
have not yet enacted implementing laws, Nkhata explores the challenges
these countries are facing in implementing the Rome Statute. He also
provides an indication of the prospects for the domestication of the treaty
in the two states. The conclusion reached is that the case for domestication
of the Rome Statute is highly compelling and flows, principally, from a
state party’s ratification of the treaty. He urges that Malawi and Zambia
need to take urgent steps to domesticate the Rome Statute.
Stone’s contribution (chapter 14) is on the implementation of the
Rome Statute in South Africa. She elucidates the role played by South
Africa in the drafting and adoption of the Rome Statute and analyses the
way the Rome Statute has been domesticated by South Africa. The
mechanisms employed by the South African authorities to give effect to the
principle of complementarity and to provide the requisite co-operation and
assistance to the ICC in pursuit of achieving its objectives are dealt with indepthly.
Stone highlights some of the major weaknesses of the ICC Act
and recommends amendments to the Act. She also examines recent
developments reflecting on South Africa’s adherence to the obligations it
has voluntarily assumed under the Rome Statute.
The book is limited in two respects. Firstly, although we have tried to
present a wide range of aspects of international criminal justice as they
apply in Africa, the book is not exhaustive. Secondly, the issues covered
only relate to developments as of December 2010. We hope that further
developments in the field will be covered in the next issue of the book.
With the above caveats, we hope we have contributed to the understanding
of international criminal justice in Africa and that it will serve as an
impetus to the realisation of human rights in Africa through the
prosecution of persons responsible for international crimes.
We are most grateful to the contributors of the various chapters in this
book. The chapters were initially presented at a workshop organised by the
Centre for Human Rights on 21 and 22 May 2010. The workshop was
made possible through the generous financial support of the Konrad
Adenauer Stiftung (KAS) and the Raoul Wallenberg Institute of Human
Rights and Humanitarian Law. Particularly, we are grateful for the
support we received from Marlize van den Berg and Werner Bohler from
KAS.