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Alternatives and Complements to Criminal Prosecution
Abstract
An Introduction to International Criminal Law and Procedure - by Robert Cryer August 2019
Post-conflict African states always have to contend with competing needs including accountability for the international crimes committed, rebuilding economies, fostering democracy, national unity and addressing the root causes of conflict. Because traditional justice mechanisms are generally restorative in nature, African governments could rely on them to address these competing needs. With a view to breathing life to the notion of complementarity, some African states have made attempts to invoke traditional justice mechanisms. However, these attempts have often been met with resistance. Using Libya as a case study, this chapter underscores the critical need for African restorative justice approaches. It is demonstrated that while the common narrative has been that national accountability should be retributive in nature for it to measure up to international standards, a progressive interpretation of the Rome Statute leaves room for restorative approaches to be invoked effectively. The chapter therefore vouches for the recognition of the contribution of African restorative justice approaches to the international criminal justice order of complementarity.KeywordsComplementarityInternational crimesLibyaTraditional justice mechanismsAfricaRome StatuteRetributive justiceRestorative justice
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