Lubaale, Emma Charlene (2025) The enduring imperial character of International Criminal Law: the ICC’s conviction cases. International Criminal Law Review. ISSN 1567-536X (Print), 1571-8123 (Online) (doi:10.1163/15718123-bja10246)

Preview

PDF (Author's Accepted Manuscript) 51489 LUBAALE_The_Enduring_Imperial_Character_Of_International_Criminal_Law _(AAM)_2025.pdf - Accepted Version Download (330kB) | Preview

Abstract

This original study investigates the extent to which the International Criminal Court (ICC) substantively engages with African legal frameworks in its conviction jurisprudence. Despite all ICC convictions to date involving African defendants, it remains unclear whether African legal sources are meaningfully integrated into the Court’s reasoning. Through a doctrinal analysis of Article 21 of the Rome Statute and a document analysis of all ICC conviction judgments as of June 2025, this study provides the first comprehensive empirical assessment of the ICC’s engagement with African legal systems in conviction jurisprudence. The findings reveal four recurring patterns: a near-total absence of references to African national laws; minimal engagement with African treaty bodies; a reliance on ostensibly neutral but Western-centric international jurisprudence; and a striking neglect of African legal scholarship. These results make a significant contribution to the Third World Approaches to International Law (TWAIL) literature by evidencing the structural marginalisation of Global South legal thought within international criminal law. The study offers concrete recommendations for reform, advocating for a more inclusive interpretive approach at the ICC. Its findings have important implications for the legitimacy, representativeness, and future direction of international criminal adjudication.

Item Type:	Article
Uncontrolled Keywords:	Global North bias, African legal perspectives, Western legal frameworks, Third World approaches, International Law, applicable law
Subjects:	K Law > K Law (General)
Faculty / School / Research Centre / Research Group:	Faculty of Law, Arts and Social Sciences Faculty of Law, Arts and Social Sciences > School of Law and Criminology
Last Modified:	11 Nov 2025 11:28
URI:	https://gala.gre.ac.uk/id/eprint/51489

Actions (login required)

View Item

Downloads