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Congolese Jurisprudence Under International Criminal Law

 Author: Jacques B. Mbokani  Category: Books (Others), Books at the Centre  Publisher: Open Society Initiative for Southern Africa and African Minds  Published: May 20, 2024

In 2004, a court in Mbandaka, in the Congolese province of Équateur, decided that the Rome Statute of the International Criminal Court (ICC) provided better guidance than the Congolese military code in adjudicating the case before it. This decision triggered an avalanche of other decisions in which military judges across the country have systematically and deliberately disregarded the Congolese military criminal code over the past decade, preferring the provisions of the Rome Statute. The important jurisprudence from this movement is one of the most innovative experiences in the application of the ICC’s statute to national prosecutions of grave crimes.