The Hague or Lilongwe? Prosecution of Article 5 crimes in Malawi

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Periodical article

Title:	The Hague or Lilongwe? Prosecution of Article 5 crimes in Malawi
Authors:	Kuwali, Dan Mittawa, Gilbert
Year:	2011
Periodical:	Journal of African and international law (ISSN 1821-620X)
Volume:	4
Issue:	3
Pages:	533-561
Language:	English
Geographic term:	Malawi
Subjects:	international criminal law offences against human rights war crimes genocide International Criminal Court
Abstract:	Article 5 crimes is a shorthand term used to describe crimes under Article 5 of the 1998 Rome Statute of the International Criminal Court (ICC), particularly war crimes, genocide and crimes against humanity. Although Malawi has enacted law to prosecute the perpetrators of genocide, the Penal Code still has a gap in terms of the prosecution of war crimes and crimes against humanity. This loophole may occasion problems in prosecuting or extraditing perpetrators of those crimes in Malawi. Article 5 crimes are subject to universal jurisdiction. However, this framework operates on the understanding that all State Parties domesticate the Rome Statute, something which Malawi has not yet done. The Constitution of the Republic of Malawi, the Penal Code, the Geneva Conventions Act and the Extradition Act provide other options that may be invoked to prosecute and punish perpetrators of Article 5 crimes in Malawi. There is need for universal ratification of the Rome Statute and cooperation with the ICC to end impunity for the perpetrators of these crimes and deter future offenders. Notes, ref. [ASC Leiden abstract]