Gerhard Kemp

The Implementation of the Rome Statute in Africa

This chapter illustrates specific strategies for the implementation of the Rome Statute in Africa. It analyses in an exemplary way the implementation methods by South Africa and Mauritius. In this context, the case of Southern Africa Litigation Centre and others v. National Director of Public Prosecutions and others that invoked claims of universal jurisdiction is dealt with in depth. In addition, the author depicts other forms of incorporation of international criminal law legislation in countries such as Kenya, Senegal and Uganda. Furthermore, this contribution elucidates the strategy according to the “Windhoek Plan of Action on the ICC Ratification and Implementation in SADC” from 2001, where it was agreed on giving priority to the drafting of implementing legislation of the Rome Statute in order to cooperate effectively with the International Criminal Court and give effect to the principle of complementarity.

The Crime of Unconstitutional Change of Government (Article 28E)

The crime of unconstitutional change of government does not exist as a discrete crime under international law. However, given Africa’s post-colonial history, as well as a number of African regional frameworks addressing the phenomena collectively known as unconstitutional changes of government, it came as little surprise that the drafters of the Malabo Protocol decided to include this crime in the Annex to the Protocol. The historical, institutional, and normative influences informing the criminalization of unconstitutional changes of government are addressed in this chapter. We also analyze some of the key features and contentious aspects of the crime. It is submitted that the criminalization of unconstitutional changes of government is a noteworthy African response to a pervasive African problem. The criminal provision is not without some flaws, which we also highlight.

The Conflict in Ukrainian Donbas: International, Regional and Comparative Perspectives on the Jus Post Bellum Options

The past two decades have produced a substantial body of theoretical and practical insights into the field collectively known as post-conflict studies. Various modalities, including criminal justice responses, truth commissions, and hybrid modalities are aimed at post-conflict peace, justice and reconciliation. This chapter explores, first of all, relevant theoretical frames in the context of post-conflict studies. Comparative national and regional insights are also considered. The chapter deals, in the second place, with the armed conflict in the east of Ukraine as a contemporary problem in flux. In conclusion, the theoretical insights gained from a consideration of the national, regional and international frameworks on post-conflict theories and modalities are applied to the situation in Ukraine, with due regard for the fact that the situation is, indeed, still very much fluid.