Go to AfricaBib home

Go to AfricaBib home AfricaBib Go to database home

bibliographic database
Previous page New search

The free AfricaBib App for Android is available here

Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Lubanga, the DRC and the African Court: lessons learned from the first International Criminal Court case
Author:Bowman, RebeccaISNI
Periodical:African Human Rights Law Journal
Geographic term:Congo (Democratic Republic of)
Subjects:International Criminal Court
Abstract:Thomas Lubanga Dyilo will be the first person tried under the jurisdiction of the International Criminal Court. Lubanga was involved in ethnic conflicts in the Ituri region of the Democratic Republic of Congo (DRC) as the leader of the Union of Congolese Patriots (UPC), fighting for autonomy. Lubanga's case will have an important effect, not only on his home country, the DRC, but on the world. Through an analysis of Lubanga's case and the current development of the International Criminal Court's case load, the positives and negatives of International Criminal Court jurisdiction become apparent, particularly in relation to national or international primary jurisdiction. While the International Criminal Court is crucial for the development of international judicial authority, the Court is extending its reach too eagerly and willingly. In so doing, the Court is destroying the autonomy and development of governments and judicial systems in African countries. Therefore, the International Criminal Court should show more restraint in its acceptance of cases and instead pursue alternative methods of bolstering national judiciaries. To be effective, the Court's mission must first focus on teaching and encouragement of local rule of law. The Court should focus on judicial decisionmaking only as a secondary option. Finally, the Court should be increasingly subject to United Nations Security Council referrals rather than State referrals or the prosecutor's own powers. Notes, ref., sum. [Journal abstract]