Date of Award

1-2025

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Professor Dr. Remigius Chibueze

Second Advisor

Professor Helen Chang

Third Advisor

Dr. Eustace C. Azubuike

Abstract

The International Criminal Court (ICC) was established as a permanent, independent institution to prosecute individuals who have orchestrated and executed the most serious crimes of international concern, including war crimes, crimes against humanity, genocide, and crimes of aggression. The Rome Statute is explicit on the role of the ICC in exercising criminal jurisdiction over perpetrators of these crimes. African countries were actively involved in creating the ICC and played a crucial role at the Rome conference when the Rome Statute was drafted and adopted. Africa currently represents the largest regional grouping of countries within the ICC’s Assembly of State Parties. However, the relationship between Africa and the ICC is currently characterized by distrust and the ICC’s foundation of restoring peace and justice seems to have been significantly weakened in Africa.

One distinct exercise of the ICC’s jurisdiction in Africa is Darfur's situation. The situation in Darfur is distinguished because although Sudan is a non-ratifying state to the Rome Statute, the ICC intervenes in the crisis in Darfur. The ICC draws its jurisdictional mandate in Darfur from Resolution 1593 adopted by the United Nations Security Council in 2005, based on Article 13 (b) of the Rome Statute. The situation in Darfur tests the relationship between the ICC and the African Union (AU) which has grown considerably thin.

In examining the ICC and its jurisdiction in Africa, this dissertation traces the evolution of the ICC and analyses its jurisdiction as provided under the Rome Statute of the International Criminal Court. It examines the history between the ICC and Africa, especially concerning the ICC’s jurisdictional interventions in Africa. The dissertation conducts a secondary data analysis of available scholarship on the subject matter, identifying patterns and gaps in academic research.

Using emerging African cases in Darfur, it analyses the ICC’s jurisdiction in Africa and the ongoing impasse, highlighting challenges and actionable recommendations for the future.

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