African efforts to close the impunity gap

This research paper examines the application of the 'complementarity' principle in Africa, arguing that a broader, 'positive' understanding of the concept—where domestic courts, regional bodies, and civil society actively fill impunity gaps—is essential for the success of international criminal justice on the continent.

• The authors propose a 'richer' understanding of complementarity that moves beyond the technical Rome Statute definition. While traditional complementarity acts as a 'vertical shield' protecting domestic jurisdiction, the authors suggest a 'horizontal complementary relationship' where national systems and the ICC work together to reduce impunity gaps.
• There is a tension between the African Union (AU) and the International Criminal Court (ICC), particularly regarding the arrest warrant for Sudanese President Omar al-Bashir. The AU has called on member states to defy the warrant, placing states parties to the Rome Statute in a conflict between their AU and ICC obligations.
• The AU has sought to expand the jurisdiction of the African Court of Justice and Human Rights to include international and transnational crimes. The authors warn this could be 'negative complementarity'—an attempt to undermine the ICC through an alternative mechanism that may lack the funding and capacity to be effective.
• South Africa's Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 allows for a form of 'gap-filling' complementarity. This enables the state to investigate crimes committed by nationals of non-states parties, as seen in investigations regarding Madagascar and requests concerning Zimbabwe and Gaza.
• Uganda has established a specialized International Crimes Division (ICD) within its High Court to try war crimes, genocide, and crimes against humanity. However, the country's Amnesty Act of 2000 previously hindered prosecutions by granting blanket amnesty to LRA rebels, though this lapsed in 2011.
• The Democratic Republic of the Congo (DRC) utilizes military tribunals and mobile gender courts to prosecute international crimes, particularly sexual and gender-based violence. As a monist state, the DRC can apply international treaties directly without separate implementing legislation.
• The authors identify several systemic barriers to domestic international criminal justice in Africa, including a lack of specialized legislative drafting capacity, insufficient funding for witness protection, and the political sensitivity of exercising universal jurisdiction against foreign nationals.

APA

du Plessis, M., Louw, A., & Maunganidze, O. (2012). African efforts to close the impunity gap. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/Paper241.pdf

Chicago

du Plessis, Max, Antoinette Louw, and Ottilia Maunganidze. African efforts to close the impunity gap. Institute for Security Studies, 2012. https://issafrica.s3.amazonaws.com/site/uploads/Paper241.pdf.

Wikipedia

{{cite report |last1=du Plessis |first1=Max |last2=Louw |first2=Antoinette |last3=Maunganidze |first3=Ottilia |title=African efforts to close the impunity gap |publisher=Institute for Security Studies |date=November 2012 |url=https://issafrica.s3.amazonaws.com/site/uploads/Paper241.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{duplessis2012african, author = {du Plessis, Max and Louw, Antoinette and Maunganidze, Ottilia}, title = {{African efforts to close the impunity gap}}, institution = {Institute for Security Studies}, year = {2012}, month = nov, url = {https://issafrica.s3.amazonaws.com/site/uploads/Paper241.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }