(2014) 7 African Journal of Legal Studies 381

This articles explores the tense the triangular relationships between the African Union, the International Criminal Court and the Security in the light of cooperation. It explores how each of these key institutions for international criminal justice use and, at the same, abuse cooperation to further own narratives. It makes the argument that while the debate if often characterized as involving heroes and villains, with each side ascribing the role of heroes to themselves and the role of villains to the other, the truth is much more complex and nuanced.

Abstract

Much has been written about the tension between the African Union and the ICC. Equally, the relationship between the icc and the Security Council has received a significant amount of attention. Very often, the discourse has presented the debate a stand-off between the protagonist fighting the good fight and antagonists intent on wanton destruction. This article is concerned with the relationships between the icc, au and the Security Council. It argues that the relationships can be characterised as triangular conflictual relationship in which all three sides of the triangle are straddled by cooperation. The paper argues that all three entities, the icc, the au and Security Council are culpable in the use and abuse of cooperation against each other in the pursuit of narrow interests.

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