ABSTRACT
In this chapter, the author analyses the disputes between the ICC and African states4 using a Post-Colonial and Critical Race Theory perspective. He engages with the secondary question of whether Africa can/should provide normative alternatives to the prevailing Eurocentric orthodoxy. The linkage between neo-liberalism, coloniality and the ICC is relevant to discourse on African cases at the ICC because one cannot contextualise existing and future colonialism outside the prevailing neo-liberal world order. Victim participation is seen in the light of meanings of justice in relation to the orthodox understanding of criminal law proceedings where the prosecution provides evidence and the defendant counters that evidence. Africa’s epistemology must form the foundational norm(s) for the alternative to Eurocentrism with specific norms such as Ubuntu and practices like Gacaca courts. The author also presents some closing thoughts on the key concepts discussed in the preceding chapters of this book.
