O desempenho do Tribunal Penal Internacional à luz do estudo sobre a cooperação com os estados membros africanos

Abstract

The International Criminal Court inherently depends on the cooperation of other States with the surrender of the accused it longs to bring to trial. This is due to its lack of power, legitimacy and capacity to search for and arrest the indicted by itself. That said, this article intends to evaluate how the conduct of cooperation (or non-cooperation) of the African State parties to the Court impacts its performance, that is to say, its ability to fulfill its own mandate, which includes the trial of those who committed crimes against human rights, the prevention of the reoccurrence of those crimes and the establishment of a transitional justice in the affected communities. To do so, data from empiric research is shown, revealing the cooperation of African states in the cases under the Court’s jurisdiction involving Africa. Up next, theoretical approaches to performance and transitional justice are analyzed. At last, an analysis is made on the data using the theories studied.