African Philosophical Contributions to International Criminal Law

Abstract

This article displays the various ways that African philosophies have made a contribution to international criminal law. It shows that African philosophies have, to a certain extent, influenced the manner in which post-conflict African states as well as the African Union (au) address accountability for grave breaches of international law. This influence is evidenced in the setting up of traditional African approaches to accountability for international crimes in post-conflict African states as well as in some of the au initiatives which address accountability for grave breaches. The article begins by contextualizing the topic within traditional African cultures through a historical analysis of the practices, concepts and institutions that governed criminal accountability as well as an analysis of the African philosophies upon which these practices, concepts and institutions were anchored. It continues with the concern of ‘how’ and ‘to what extent’ African philosophies have influenced international criminal law. Moreover, it considers some of the controversial areas of international criminal law in which African philosophies are overlooked, despite their potential to make a valuable contribution. This section is supported by the belief that a combined approach to international criminal law, of both traditional African and Western concepts, offers a better solution to the current impasse experienced in certain areas.