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Errol P. Mendes

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Errol P. Mendes

This content is available to you

Errol P. Mendes

This content is available to you

Errol P. Mendes

This first chapter discusses how the lessons of history demonstrate the link between the fight against impunity and the prevention of the most serious international crimes. The chapter describes how impunity for the crimes in World War I imputed to Kaiser Wilhelm II of Germany and the impunity for the Armenian genocide by the Ottoman Empire led ultimately to the Holocaust by the Nazi government. The genocide in World War II finally incited the Allies to establish the first major international criminal tribunal at Nuremberg and Tokyo. In turn, the twentieth-century genocides in the Balkans and Rwanda led the UN Security Council to establish the non-permanent ad hoc tribunals that established some of the major jurisprudential rulings on charging and convictions for the most serious crimes. These recurring international crimes showed the need for a permanent tribunal, which led to the birth of the International Criminal Court.

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Errol P. Mendes

This chapter provides an overview of the main investigations and prosecutions carried out by the Court in the first 16 years of its existence. The chapter deals with one of the major challenges faced by the Court in this early period of a permanent global court, namely the criticism that substantially all its investigations and prosecutions have been in Africa. The chapter critiques the allegations that the ICC is a western court that is biased against Africa and reckless as to the potential for peaceful settlement of conflicts in Africa. The chapter details how these critiques are ignorant of the facts that have given rise to the first investigations and prosecutions by the ICC. The chapter deals with how the UN Security Council has added to the workload of the Court by referring cases in Sudan and Libya without properly assisting the Court in fulfilling its prosecution in these cases.

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Errol P. Mendes

Chapter 3 focuses on the arguments and criticisms against the Court that it could have imperilled a potential peaceful resolution of the conflict in Sudan and in particular over the alleged genocide in Darfur. The chapter discusses the arguments against the Prosecutor of the Court seeking arrest warrants against the President of Sudan, Al-Bashir, and his officials for genocide, crimes against humanity, and war crimes with intent to destroy in substantial part the Africa tribes in Darfur. The chapter delves into the history of the President to assess whether realistic peace negotiations were even possible with the master architect of two mass slaughters of civilians in his own country. The chapter also discusses criticism of the prosecution strategy by the Chief Prosecutor regarding the need to balance the need for a peaceful solution to the conflicts in Sudan with prosecuting the officials, especially the indictment of President Al Bashir.

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Errol P. Mendes

This chapter discusses whether a peaceful solution was ever possible to nearly three decades of conflict in northern Uganda, which included serious crimes committed by the Lord’s Resistance Army (LRA) and its commander Joseph Kony. In this first situation referred to the Court by the President of Uganda, the crimes included the deaths of tens of thousands of civilians and displacement of almost 90 per cent of the population. The chapter details how the LRA, even while it was pretending to be interested in a peaceful solution, continued committing crimes in the DRC and the border areas of Uganda, Sudan and the Central African Republic (CAR). The chapter concludes that today the remaining options seem to be either a military victory over the LRA or the arrest and transfer of Kony and the LRA indicted leaders to The Hague to face justice before the ICC as no peaceful solution was ever possible.

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Errol P. Mendes

This chapter focuses on the concept of “positive international complementarity” (PIC) as the way to reconcile peace with justice. The chapter discusses how this concept includes: (1) ICC investigations and prosecutions involving only those most responsible for the most serious of international crimes while acting as a catalyst for domestic investigations and proceedings; (2) preliminary examinations launched by the ICC prior to investigations sanctioned by the Court both having a catalytic impact on the level of ongoing violence and propelling peace; (3) exceptional situations in which either leaders or followers committing international crimes should face either fair domestic prosecutions if available or alternative justice mechanisms (AJMs) that meet the standards and moral foundations of international criminal justice; (4) where those committing the most serious crimes are discovered or seek refuge in neighbouring or other nations, there being a duty to either prosecute or extradite where prosecution is not feasible.

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Errol P. Mendes

Regarding the greatest global challenges facing the Court the chapter focuses on the unfounded allegation by African states and the African Union of bias against Africa and improperly prosecuting African leaders. The withdrawals of some African states and the unsuccessful attempt by the African Union to cause a mass withdrawal of African member states continues to be a potential threat to the Court. Likewise, the preliminary examination of the situations in Gaza and Afghanistan could lead to an investigation and prosecution of Israeli, Palestinian and possibly US military officials for serious crimes. The chapter details how the Court can develop a prosecution strategy that prevents a major backlash against the Court by the most powerful non-member states. The chapter describes how the UN Security Council refers major situations to the Court and then fails to provide essential support, including failure to assist with bringing indicted persons before the Court.

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Peace and Justice at the International Criminal Court

A Court of Last Resort, Second Edition

Errol P. Mendes

This book focuses on how the International Criminal Court seeks accountability for the most serious crimes. Errol P. Mendes dives deep into the facts and rulings of the Court that involved some of the most serious conflicts in recent times to demonstrate that justice is critical for sustainable peace. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. The author goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and, war studies etc.