This thesis analyses how the International Criminal Court’s (ICC) African bias has affected the judicial system in Africa at regional and international levels. First, the current literature on the...Show moreThis thesis analyses how the International Criminal Court’s (ICC) African bias has affected the judicial system in Africa at regional and international levels. First, the current literature on the ICC’s African bias and the African judicial system will be reviewed. Next, it will be analysed why the African Union (AU) and its Member States see the ICC as biased against Africa. Then it will be analysed what the AU’s judicial response is to the ICC’s African bias and how this response seeks to interpret international criminal law. Based on these reviews and analyses, this research concludes that the ICC’s African bias has affected the judicial system in Africa at regional and international levels by creating a continental human rights and criminal court that has jurisdiction over international criminal law. This research ends with the observation that the African Court on Justice and Human and Peoples’ Rights (ACJHPR) is created to replace the ICC as both Courts have jurisdiction over crimes against humanity, war crimes, genocide and the crime of aggression. However, the replacement of the ICC could create an extra layer between Africa and the ICC, once the relationship and hierarchy between the two Courts are established.Show less
