The role of the ICC in transitional justice and its contribution to reconciliation in Africa

• Ingrid Roestenburg-Morgan ^[1]
  1. [1] Institute for Justice and Reconciliation, South Africa
• Localización: Deusto journal of human rights = Revista Deusto de derechos humanos, ISSN 2530-4275, ISSN-e 2603-6002, Nº. 16, 2025 (Ejemplar dedicado a: The Road from Transitional Justice to Reconciliation), págs. 305-336
• Idioma: inglés
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• Resumen

  • This article explores the role of the International Criminal Court within transitional justice and its potential to contribute to reconciliation in Africa. While the ICC is often perceived as a purely prosecutorial body, this analysis argues for a broader interpretation of its mandate, aligning it with the core pillars of TJ: prosecutions, truth-telling, reparations, and guarantees of non-recurrence. Drawing on the South African Truth and Reconciliation Commission as a benchmark, the article proposes that the ICC, though lacking an amnesty mechanism, can fulfill similar reconciliatory functions through plea bargaining. The analysis further identifies legitimacy deficits undermining reconciliation efforts in the African context, stemming from issues such as cultural disconnect, selective prosecutions, and a rigid understanding of complementarity. The article concludes that reconciliation is attainable if the ICC embraces a holistic, culturally sensitive approach and forges stronger cooperation with domestic and regional actors like the African Union.