Spotlight: Working on what matters most for international justice in Africa
Through the training of African police, judges and prosecutors, the ISS is helping to bring justice to victims in local and regional courts.
Published on 11 February 2016 in
Impact
While the African Union (AU) and some African states are caught up in debates about the relevance of the International Criminal Court (ICC) for Africa, the Institute for Security Studies (ISS) has focused on what matters most – how to secure justice for victims of grave crimes, whether in their own courts or in The Hague.
Through the training of African judges, prosecutors and the police, the ISS is helping to strengthen national and regional mechanisms that can dispense justice for genocide, war crimes and crimes against humanity. ‘These training courses not only provide an opportunity to exchange knowledge and build skills, but also to capture African views and take these to international forums’, says Cheryl Frank, head of the Transnational Threats and International Crime division at ISS.
In 2015 the ISS trained South African prosecutors in the seventh annual training course delivered in partnership with the country’s National Prosecuting Authority. In Uganda, the ISS has, since 2009, been invited to train judges from the International Crimes Division of the country’s High Court. The training contributed to the prosecution and adjudication of cases involving al-Shabaab, the Lord’s Resistant Army rebel commander Thomas Kwoyelo, as well as cases relating to trafficking in people and drugs.
The ISS plays a key role in anticipating African concerns and providing space to discuss them
In addition to building capacity to tackle international crimes, the ISS raises awareness about how African states are dealing with these offences. At the 14th Assembly of States Parties (ASP) to the ICC in November 2015 the ISS hosted a side event to share experiences from West, East and Southern Africa. Discussions covered domestic and regional initiatives like the special tribunal in Senegal to try Hissène Habré, transitional justice processes and the landmark decision of South Africa’s Constitutional Court on the Zimbabwe torture case.
At the practical level, the ISS also works to improve the access that victims of international crimes have to court proceedings. In September 2015, the ISS and REDRESS convened African prosecution and civil society representatives to discuss models for victims to participate in national criminal justice processes and the procedural rights of victims. The ISS and REDRESS are also establishing a network of legal practitioners to enhance the investigation and prosecution of international crimes in Africa.
These hands-on approaches have not prevented the ISS from tackling the difficult political and legal challenges facing Africa’s cooperation with the ICC.
‘Our access to a broad network of practitioners means we can facilitate balanced debate on issues that are often emotive, or have remained at an impasse’, says Frank. ‘States and donor partners recognise that the ISS plays a key role in anticipating African concerns and providing the space to discuss them constructively’.
After Sudanese President Omar al-Bashir’s controversial visit to the AU summit in South Africa in June 2015, the ISS hosted a side event at the 14th ASP to discuss concerns raised by South Africa and Kenya with regard to immunity for heads of state and the application of the amended Rule 68 of the ICC’s rules of procedure and evidence.
Both issues were the source of some disquiet among ASP participants, but developments at the recent AU summit show the importance of identifying and debating key sticking points. The increasing dissatisfaction of African states towards the ICC resulted in an AU decision to develop a roadmap for possible withdrawal from the Rome Statute. Constructive debate will now be needed more than ever before, and the ISS is well placed to facilitate such discussions.
During 2016, the ISS will continue to support strategies and institutions that facilitate effective responses to grave crimes on the continent. This will include focusing on the rights of victims and witness protection.
For more information contact:
Cheryl Frank, ISS: +27 83 325 4424, [email protected]
