ABSTRACT
In this chapter, the author extends that argument but now he address the geographical site(s) which produce(s) those accused and most importantly, address yet another form of iconography at the core of ICL, the raped and helpless African woman, the marauding African man, the hungry child, the burnt villages, the saviour white people. He addresses the question as to whether Africa is being used as a testing site for international criminal law. The author explores specific areas of ICL where the ICC has used situations in Africa to operationalise the Rome Statute and to test and expand already existing international law. He argues that Ocampo’s statement was intended to test the Rome Statute in the Kenyan situation, but also to ‘instrumentalise’ it to achieve (un)stated goals. The author explores the Bemba decision at the ICC relating to rape as a war crime. The most influential deontological penal theory is retributivism which is most associated with the work of Immanuel Kant.
