jurisdictional conflicts between the icc and the African Union - Solution to the Dilemma

摘要

The Rome Statute and the Draft Protocol are incompatible because the Draft Protocol fragments the jurisdiction of the ICC. The Draft Protocol satisfies the standard of incompatibility because it has identical objectives and shares a comparable degree of generality with the Rome Statute. This is shown in the Preamble of the Draft Protocol and the Preamble of the Rome Statute where they aim at ending impunity.193 This is fatal to the function of the ICC in Africa because all of the current situations in the ICC now are in Africa. It would greatly impact the ICC.