Universal jurisdiction, African perceptions of the International Criminal Court and the New AU Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights

After first examining the disconnect between rhetoric and reality that exists regarding African perceptions of the ICC, this chapter will discuss the potential role that universal jurisdiction can play at the African Court with its expanded international criminal jurisdiction based on the principle of complementarity. Specifically, the chapter will consider exercises of universal jurisdiction that have occurred outside of Africa over international crimes committed by African nationals on African soil anti the limited examples to date of African states exercising universal jurisdiction over such crimes. The chapter will then discuss the rich possibilities that exist for African states to exercise universal jurisdiction over atrocities committed in Africa, the key obstacles facing African authorities in this endeavour and ways in which these obstacles can be overcome. The chapter concludes that, while the Protocol has created a regional African court with jurisdiction over both international and transnational crimes, the primary responsibility still rests with African states to investigate and prosecute atrocities committed in Africa. The domestic exercise of universal jurisdiction is one way in which Africa as a continent can counter the alleged abuse of the principle of universal jurisdiction by European states over African crimes and take ownership over justice processes that affect them.