Abstract:
This article discusses implementation challenges of the principle of complementarity;
challenges in prosecuting sitting African Heads of state and nefarious warlords. The
article highlights the disparity existing in physical security and remuneration between
judges of national African courts and those of the ICC in similar jobs. While national
judges are exposed to intimidation and influence from the most powerful in their
jurisdictions, the ICC judges are provided with adequate protection and
independence. Using the DRC and Kenya as case studies, this article asserts that
where national courts intervene in prosecuting international crimes, heads of state
would not be prosecuted. In most African states, the courts are spawned from the
authoritarian regimes. This challenge renders the reliance on complementarity justice
questionable.
