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THE DUAL AGENCY OF THE INTERNATIONAL CRIMINAL COURT AND AFRICAN RESISTANCE TO THE LEGACY OF COLONIALISM: THE COMPLEX RELATIONSHIP BETWEEN AFRICAN COUNTRIES AND THE INTERNATIONAL MECHANISM

Abstract

Created to judge crimes against human rights, the International Criminal Court has had broad participation and support from African countries since its inception until the first cases referred to it. This supportive stance, however, has been reversed recently in some states. This paper investigates the reasons for this change from a supportive position to that of rejecting the mechanism. It posits that the nature of the Court and its dual legal and political agency generate impasses that exacerbate the discontent of internationally marginalized states and that attention to these problems by the International Relations literature is essential. Hence, a survey of official documents from opposing African states, such as speeches, political and regulation initiatives, was carried out, which were interpreted in light of the recent literature on the subject and the discussion on the coloniality of law.

Keywords:
International Criminal Court; Africa; International Cooperation

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