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Report on the 2017 Annual Meeting of the KAS African Group of Experts on International Criminal Just

Group Photo - Annual Meeting 2017 in Lilongwe, Malawi

KAS’ African Group of Experts on International Criminal Justice comprises of individuals drawn from various parts of Sub-Saharan Africa working as scholars, researchers and/or practitioners in the field of international criminal law. The group meets annually to discuss pertinent matters related to international criminal justice from the African perspective, in addition to peer-reviewing their respective articles that are published annually under the title ‘International Criminal Justice in Africa’.

The 2017 workshop was held in Lilongwe, Malawi between 24th and 25th August and was graced by Dr. Janet Banda, SC, Solicitor General and Secretary for Justice and Constitutional Affairs of the Republic of Malawi who delivered the keynote remarks on behalf of Hon. Samuel Tembenu the Minister for Justice and Constitutional Affairs.

Various presentations pertinent to international criminal justice were made by the participants followed by reviews and lively legal discussions revolving around different topics from an African perspective.

Dr. Beitel van der Merwe, the Group’s Coordinator, provided an overview of the notable developments in international criminal justice in 2016/2017, before the participants made their respective presentations. Some of the topics that were discussed and which will form part of the 2017 edition of the ‘International Criminal Justice in Africa’ included:

  • Corporate Criminal Liability under the Malabo Protocol: A re-invention or innovation?

  • The Hybrid Court for South Sudan and the elusive search for justice

  • African Regional and Sub-Regional Instruments on Ending Impunity to International Crimes: A Hit or Miss?

  • Towards Coordination of the Global System of International Criminal Justice with the Criminal Court of the African Union

  • The responsibility of African State Parties to the ICC: The Effect of Section 98 Agreements signed with the US

  • UN Forces and Immunity for International Crimes

  • The African Union and the Criminal Chamber of the ACJHR: Opportune gaps?

  • Rendering Justice in the Shadow of Power

  • Burundi and the ICC: The unsaid stakes and the true-false strategy of a withdrawal

  • Whether the deployment of MAPBROBU in Burundi would be an invasion and Violation of Sovereignty

Under the guidance of Professor Gerhard Kemp, the workshop also considered the current and previewed some of the developments that are likely to shape the International Criminal Justice discourse for the upcoming year. These include,

  • The overall assessment of the ICC 15 years later

  • The implementation of the Malabo Protocol

  • International and regional efforts towards the implementation of the Mutual Legal Assistance

  • Virtual/Digital/ICT –vs- International Criminal Justice.

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