ABSTRACT
In this chapter, I present possible solutions to the problem of the failure of the international criminal justice in the Global South by proposing a rethinking and then reconstituting of the international criminal justice system by epistemologically, legally and jurisprudentially relocating international criminal justice from the west to other parts of the world where international criminal justice would be required. The chapter is a rebuke of those agitating for the regionalisation of the ICC, a move which is interpreted as a cosmetic physical relocation of a problematic Court from The Hague. Rethinking the international criminal justice means de-Westernising, de-imperialising and de-Roman Dutching the system and then prioritising the histories, epistemologies, cultures and justice systems of the geographies where these atrocities would have been perpetrated. The ICC and the logic that informed its formation were a product of a certain history, which is that of Euro-North American victors’ justice coupled with a materialistic and capitalist logic. For Africa and the Global South, these are part of the problem and cannot be part of the solution. The onto-episteme which brought the Global South into its current human rights predicament cannot be part of the solution to the same predicament.
