ABSTRACT

This chapter focuses on the IEL/development discourses and how these have come to shape Africa’s contemporary international relations, including the signing of ‘human rights’ treaties such as the Rome Statute. Kant argues that there is a universal law of morality that is based upon the categorical imperative. This means that moral requirements are based on a standard of rationality, which is “reason’s guide to action” for the purpose of discovering a universal law and particularly perpetual peace. The link between neo-liberalism and the ICC is important for two reasons. First, it contributes to making the wider argument that contemporary ICL follows a ‘business’ model and that the emerging legal industrial complex mirrors the slavery practices of the past and of the USA prison industrial complex already discussed. Second, placing cases, for example the Kenyan ones, in a wider neo-liberal context introduces the reader to the very ‘colonial’ manner in which the African cases are handled by the ICC.