This book focuses on a range of issues related to the development and the use of international criminal justice within Africa and on Africa. It therefore seeks to understand the scope and reach of these issues in Africa and beyond Africa. Written by Africans, and adopting African perspectives, it examines a wide array of matters concerning the development, application and enforcement of international criminal law, and the processes to do so.
It engages in theoretical and policy discourses on the substantive and procedural features of criminal law and justice in the African context. The book examines issues such as the ways in which African states have dealt with issues of universal jurisdiction and how victims are treated, as well as controversial questions concerning how a variety of courts function and should function in dealing with these issues. It also explores the ideas, themes, institutions and practices, concepts and patterns of convergence of criminal justice systems in Africa.
It is hoped that this book assists in ensuring a greater understanding of these issues, within Africa and around the world, beyond the narrow issues that are normally focused on when African criminal justice issues are examined.
There are no separate chapters available for this publication.
The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Groningen, the Netherlands).
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