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Abou El Fadl, Khaled, 161–163 Abubakar, Yakubu, 206 Cambridge University Press 978-0-521-71779-3 - Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa Kamari Maxine Clarke Index More information INDEX Abou el Fadl, Khaled, 161–163 militarization of, 48 Abubakar, Yakubu, 206 mining in, 73–74 Accountability, 23–24, 152 oil in, 74–75 Acholi people, 122–123, 125–126 ratification of Rome Statute in, 70–73 Action Aid–Nigeria, 83–84 resource-based conflicts, 45–46 Actus reus, 168 resource extraction in, 73–75 Adultery under Sharia, 195–198, 206, “scramble for Africa,” 47–48 211, 228 sovereignty in postcolonial Africa, Afako, Barney, 125 142–143 Africa. See also specific nation “specters of justice” in, 115–116 Christianity in, 73 “tribunalization of violence” in, Cold War, effect of end of, 45–46, 36–37, 45, 94–96, 116 78–79 unequal distribution of power in, corruption in, 78–79 142 development associations in, 73 African Charter on Human and People’s elites, role of, 142 Rights, 178–179 environmental issues, 74 African Union, 71–72 expectations of modernity in, 46–47 Agamben, Giorgio, 119–120, 141, 143 external management of violence, Agbopke, Sandrine, 218 114–115 Aggression, selection for ICC ICC focus on, 95–96 jurisdiction, 55–57, 59 imagery of, 115 Akayesu, Jean-Paul, 13–14 inequality in, 7–8 Albanians, ethnic cleansing of, 9–10 international law, as source of Alhassan, Abdulrahman, 197 innovations in, 76 Ali bin Dunama, 188 Islam in, 73 Ali Ghazi, 188 land use issues, 74 al-Khuruj, 162–163, 169 liberalism, limitations of, 116 Allah, 153–154, 161–162, 166, 214–215, loans to, 78–79 221 307 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-71779-3 - Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa Kamari Maxine Clarke Index More information INDEX Allen, Tim, 20–22 Bigombe, Betty, 130–132 American Bar Association, 225 Bilateral immunity agreements, 37 American Convention on Human Biopolitics Rights, 178–179 Coalition for the International Americas Watch, 85 Criminal Court and, 67–68 Amin, Rizgar Mohammed, 38 mass violence and, 59–61 Amina. See Lawal, Amina necropolitics compared, 59–61 Amnesty International NGOs and, 61–62 amnesty in Uganda and, 132, 139–140 Boas, Frank, 155–156 CICC, role in, 66 Bockarie, Sam, 15–16 implementation of Rome Statute and, Body Shop International, 84–85 86–87 Bourdieu, Pierre, 51–52 Lawal and Hussaini cases, on, 207, Bretton Woods Institutions, 78–79 219–220 Brilmayer, Lea, 117–118 Nigerian NGOs and, 83–84 Brima, Alex Tamba, 15–16 overview, 85 British Broadcasting Corporation, 207 social services, promotion of British Council, 83–84 investment in, 74–75 Brooks, Daphne, 12–13 Amnesty in Uganda. See Uganda Burundi, ICC investigations in, 95 Anderson, Janet, 130–131 Bush, George W., 37–38 Anderson, Kenneth, 64–65 Anglican Church, 130 Cambodia, Extraordinary Chambers in Annan, Kofi, 3, 91, 120–121 the Courts of, 4–5 Anthropology Canada, donations to NGOs, 83 command responsibility and, 105 Canadian Social Research, 218–219 cultural relativism and, 155–156, Capitalism 233–234 donor capitalism (See Donor legal anthropology, 24, 112–114, 156 capitalism) legal pluralism and, 113–114, 233–234 religion and, 174–176 moral economies and, 53–54 rule of law and, 25–26 religion and, 187 Carnegie Foundation, 77, 82–83 universality principle and, 233 CBOs. See Community-based Apartheid, 56–58 organizations (CBOs) “Apparitions.” See “Specters of justice” Celebiˇ ci´ case, 107 Aristotle, 173 Central African Republic, ICC Asad, Talal, 172–174, 187 investigations in, 19, 71–72, 95 Asia Watch, 85 Chad, oil in, 74–75 Austria, on terrorism as international Chatterjee, Partha, 143–144 crime, 58–59 Chayes, Abram, 140–141 Chayes, Antonia Handler, 140–141 “Bare life,” 119–121, 142–143 Chege, Michael, 80 Bashir, Omar Hassan Ahmad al-, 19 Cherkaoui, Hicham, 69–70 Bello Sanyinawal, Muhammad, 206 Child soldiers Benaissa, Mohamed, 69 command responsibility and, 99–100 Benjamin, Walter, 217–218 crimes against humanity, use of as, Berkeley Law Project, 113 90–91 Berman, Paul, 117–119 DRC, in, 1, 18–19 308 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-71779-3 - Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa Kamari Maxine Clarke Index More information INDEX humanitarianism and, 108 ICTY and, 11–12, 107 imagery of, 115 knowledge requirement, 106–107 individual responsibility and, 92–93 limitations of, 19–25, 112 Lubanga and, 89–92, 102–105 Lubanga and, 98–100, 102–105, 107 moral reaction to, 108–109 Miloˇsevicand,´ 11–12 negation of responsibility, 91–92 operationalization of, 98–99 Rome Statute, under, 90, 94 overview, 3 Sierra Leone, in, 90–91 reconciliation contrasted, 99–100 “specters of justice” and, 90–94, 105, Rome Statute, under, 98–99, 106–107 107–108 root causes of violence and, 2–3, testimony, problems of, 93–94 19–25, 108–109 victim versus perpetrator, 92 “specters of justice” and, 98–100 war crimes, use of as, 89–91 suffering of victims, relevance of, 105 Christianity testimony regarding, 102–105 Africa, in, 73 Commission of the European Union, amnesty in Uganda, role in, 129–130 84–85 basis of international law, as, 166 Community-based organizations human rights, influence on, 173 (CBOs), 64–69 justice making and, 144–145 Complementary nature of ICC, 35 CICC. See Coalition for the Compliance with Rome Statue, ensuring, International Criminal Court 72–73, 133–134 (CICC) Comte, Auguste, 172–173 Classification of crimes, political nature Conflicting notions of justice, 6–7 of, 170 Congo, Democratic Republic of (DRC) Clinton, Bill, 37 child soldiers in, 1, 18–19 Coalition for the International Criminal Forces Armees´ Congolaise, 97 Court (CICC) Forces Patriotiques pour la Liberation´ amnesty in Uganda and, 132–133 du Congo, 89–90, 101–102 biopolitics and, 67–68 ICC investigations in, 18–19, 71–72, compliance, ensuring, 72–73 95 creation, 66 Mouvement pour la Liberation´ du liberalism and, 66–67 Congo, 97 process and techniques, 67–68 Rassemblement Congolais pour la scope of, 66 Democratie,´ 97 Sharia, attitude toward, 232 Rome Statute and, 97–98, 100 Codification of offenses, 18 Union des Patriotes Congolais, 89–90, Cold War 101 Africa, effect of end on, 45–46, 78–79 violence in, 96–98 liberalism, effect of end on, 46 war crimes in, 89–90 Colonialism, 56–57, 75, 189–191 Convention for the Protection of Human Comaroff, Jean, 112 Rights and Fundamental Comaroff, John, 112–113 Freedoms, 178 Comic Relief Charity Project, 84–85 Convention on the Rights of the Child, Command responsibility 90 anthropology and, 105 Cord Aid, 83–84 child soldiers and, 99–100 Corruption in Africa, 78–79 demonization of leader, 108–109 Costs of justice, 62–63 309 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-71779-3 - Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa Kamari Maxine Clarke Index More information INDEX Cover, Robert, 117–118 DRC. See Congo, Democratic Republic Creation of ICC, 55, 94 of (DRC) Crimes against humanity Drug trafficking, 56–59 child soldiers, use of, 90–91 Darfur, in, 19 Elements of Crimes, 56 intentionality in, 164 Elites selection for ICC jurisdiction, 55–57, Africa, role in, 142 59 cosmopolitan elite, rise of, 63–64 Sharia and, 194–195 decentralization, role in rise of, 64–65 Critical transnational legal pluralism, legal elites, rise of, 65 235–240 role of, 18 Croatians, ethnic cleansing of, 9–10 Encounter model, 31 Culpability, 165–166, 168 Environmental damage, 56–57 Culturalist approach to international Environmental issues, 74 law, 239–240 “Epistemic community,” 87–88 Cultural relativism, 155–156, 233–234 Ethnic cleansing, 9–10 European Convention on Human Daniel, Isioma, 157–158, 167, 170–171 Rights, 178 Danish Centre for Human Rights, 83–84 European Union, 84–85 Darfur Exclusion of crimes from ICC arrest warrants in, 19 jurisdiction, 57–59 crimes against humanity in, 19 Extraordinary Chambers in the Courts of genocide in, 19 Cambodia, 4–5 ICC investigations in, 18–19, 36, 71–72, 95 Faier, Lieba, 31, 48–49 Death penalty, 20–22, 213 Faith versus religion, 189, 198–199 de Fontenay, Genevieve, 218 Fatwa, 157 Delalic´ case, 107 Fed´ eration´ Internationale des Droites de Derrida, Jacques, 8–9, 22–23, 94, 111, l’Homme, 207 147–148, 204 Fees for ICC, 62 Development associations, 73 Feminism Dicker, Richard, 138–139 Lawal and Hussaini cases, reaction to, Dictatorships, effect on NGO funding, 218–224 77–78 Sharia, attitude toward, 208–211, Dispute processes, 113 213–214, 232 Diversity in conceptions of justice, 121 Feminist Majority Foundation, Doctors without Borders, 74–75 218–219 Domestication of international law, Ferguson, James, 46–47, 87 51–52, 117–118 Fictions Donor capitalism rule of law, 34–36 bilateral governmental donors, 83 “specters of justice,” 20–22 coalitions and, 86–87 Fiqh school of jurisprudence, 196–197, governance, role in, 86 201 human rights agenda and, 85–86 Flamme, Jean, 1–3 overview, 81–82 Fofana, Moinina, 15–16 private foundations, 82–83 Ford Foundation, 76–77, 82–85 Donor dancing, 81 Fornication under Sharia, 195–198, 228 310 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-71779-3 - Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa Kamari Maxine Clarke Index More information INDEX Foucault, Michel,
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