Global Leadership Training Programme in Africa 2016
Activity Report of Field Research
The International Criminal Court and State Cooperation:
The Impact of the 2015 Pretoria High Court Decision on South Africa
Hiroshige Fujii1

I.

Summary••II.

Research Activity
1.
2.
3.
4.
5.
6.
•
•
•

III.

English Summary
Japanese Summary

Introduction
Study Area
Methodology
Research Findings
Discussion
Conclusion
Acknowledgement
References
Appendix

Reflection to the GLTP in Africa

1

Ph.D. Candidate, Graduate Program on Human Security, Advanced Social and International Studies, Graduate School ofArts and Sciences, University of Tokyo. Host University in South Africa: Department of Public Law, University of Cape
Town. Period of field research: 15 November 2016 - 23 March 2017. Details of the author access the Research Map
Database (http://researchmap.jp/fujiih/).
1

Ⅰ. Summary
English Summary
The aim of this research is to analyze complex cooperation issues between the International Criminal
Court (ICC) and states in Africa through the case study of South Africa. In 2015, the South African
High Court issued the first-ever judgement to initiate a procedure for arresting foreign heads of states
who is under the arrest warrant of the ICC. This judgement was internationally welcomed to advanceinternational criminal justice for putting an end to impunity. That is because the ICC which does nothave its own legal enforcement needs cooperation from states to exercise its jurisdiction. However,many states, even some state parties of the ICC Statute, have ignored so far cooperation requests fromthe ICC, such as arresting perpetrators who committed serious crimes. Thus, South Africa was
expected to exercise the arrest warrant of Sudanese President Bashir who visited South Africa under
the order of South African High Court.
Notwithstanding the above expectation, it was deeply concerned that the judgement of theSouth African High Court would bring negative impacts on the diplomatic relationship among South
Africa, Sudan and states which support President Bashir. In the end, the government of South Africa
let Bashir go out of South Africa. Bearing the above fact in mind, this research initially proposed ahypothesis that the government of South Africa was likely to take a position for non-cooperation to
the ICC in the stronger way including the withdrawal from the ICC.
However, before conducting this research on the field, the government of South Africa
suddenly announced its withdrawal from the ICC in October 2016 pursuant to the ICC Statute Article
127 and informed the UN Secretary General of its decision. South Africa was anticipated to become afirst state to leave the ICC in October 2017. This is apparently the maximum appeal of noncooperation stance toward the ICC by South African Government. Therefore, in response to thewithdrawal declaration, the approach of this research was shifted to analyze the motivation of thewithdrawal and its influence on the region. The initial process that was taken in this research was tocollect essential information in order to narrow down a list of research interviews with scholars andpractitioners in the area of the international criminal justice. Then, I carried out these interviews basedon the list. Finally, this research clarified the South African position in the ICC framework throughthe induction measure and analyzed the future relationship between South Africa and the ICC.
There are mainly three critical points that are discussed in this research. The first point iswhether the African Court of Justice and Human Rights can be alternative instead of the ICC. Whenthe government of South Africa stated its withdrawal from the ICC, the government announced
further commitment towards this African regional court, which had not been established yet at thetime of declaration. The second point is associated with the decisions made by Burundi and Gambia
for their withdrawal from the ICC, followed by South Africa. Whereas the both states recently
experienced severe violence criticized by the ICC, such severe human rights violation has not been
occurred in South Africa since the establishment of the ICC. This implies that these three states havedifferent logics for the withdrawal from the ICC. Lastly, is it possible for South Africa to actually
withdraw from the ICC? In the course of arguments as to South African Government decision ofwithdrawal, there are a lot of backlashes to the decision from not only opposition parties but also civilsocieties and scholars in terms of the principle of the South African Constitution.
During the research period of the GLTP in Africa, I could see a number of junctures that
affected the relationship between South Africa and the ICC. The findings will be part of my Ph.D.
thesis as well as articles of academic journals.

2Japanese Summary2015 年 6 月に南アフリカの高等裁判所は、国際刑事裁判所（ICC）から逮捕状が発布されながらもアフリカ連合サミット出席のために同国を訪問中であったスーダンのバシール大統領に対し、南アフ
リカ司法当局は ICC からの要請に応える義務がある旨の判決を下した。本研究は、この判決を契機に、その後の南アフリカの ICC に対する動向について現地調査を通し考察することを目的とした。そこで当初は、「南アフリカは 2015 年高裁によるバシール逮捕判決後、これまで以上に ICC に対して非協力的になるのではないか」との仮説を設定し、現地調査に臨む予定であった。しかし、南アフリカ渡航前の 2016 年 10 月に南アフリカ政府は突如として ICC からの脱退手続きを取ったことを明らかにした。南アフリカ政府は、ローマ規程第 127 条に則って ICC からの脱退を国連事務総長へ通告し、1 年後の 2017 年 10 月に ICC から脱退する初めての国となることが予定された。このため、本研究は渡航後に、現地調査開始前に予定していた仮説検証型の調査から、仮説構築型の調査へと変更を行った[4-5 頁]。まず、核となる関連事項の情報を収集することでインタビューの対象を絞込み[7 頁]、
次に、関係者へのインタビューを通して得た成果を踏まえ、今後の展開について帰納的アプローチを試みた。
なお、インタビュー調査では添付の質問項目を参照しながら、以下 3 つの点に焦点を絞った議論を交わした。第一に、南アフリカ政府が ICC 脱退を決定した論拠が不明瞭であった点である。例えば、脱退表明時に、担当大臣は、南アフリカは、ICC ではなくアフリカのメカニズムを通して不処罰の終止と法の支配に貢献する旨に言及した[6 頁]。つまり、近年アフリカ連合で議論されているアフリカ
人権司法裁判所の場で国際刑事司法の責任を果たすというわけだが、未だ設立の目処がたっていない
同地域裁判所が ICC の代わりになるのか。第二に、南アフリカの ICC 脱退宣告と時を同じくブルンジ
およびガンビアといったアフリカ諸国でも脱退に向けた議論が再燃したが、ICC の捜査対象となっている同国らと南アフリカとでは脱退に向けた動機づけが異なるのではないか。アパルトヘイト後の南アフリカは、人権問題に関し積極的な政策を取り、ローマ規程についてもアフリカで初めて国内法化してきた言わばモデル国家であった。それが、なぜ反 ICC の姿勢を鮮明に打ち出すことになったのか。そして、最後に南アフリカ政府（与党 ANC）は本当に ICC から脱退する（できる）のであろうか。脱退の決定は、閣議決定で行われており、この点、憲法上明確な規定はないものの、条約の批准は議会の承認が必要である事に対し、脱退については閣議決定のみで手続き上および法的に問題はないのか。これに対しては、野党や市民社会からの反発が強い。
以上の問題意識を踏まえ現地調査に取り組んだが、派遣期間中の約半年の間に、南アフリカと ICCとの関係は大きく揺れ動いた。主な出来事を時系列に並べれば、①政府による ICC からの脱退の表明、②脱退手続きの瑕疵を主張する野党による訴訟の提起、③ICC 締約国会議の開催と改革に向けた討議、④アフリカ連合による ICC 脱退戦略の表明、⑤南アフリカ高等裁判所による ICC 脱退手続き憲法違反の判決、⑥現職閣僚による ICC 脱退関連法案を提出しないことの表明があげられる。両者の関係についての非常に重要な出来事が続いた時期であった[8−9 頁]。そして、筆者自身このような時期に南アフリカの内側から種々の出来事に対し考察を行うことができ、当初の想定を超えた多角的な成果をあげることもでき、同成果についてはケープタウン大学の関連研究者に対する報告の機会も設けられた[8 頁]。さらに、これらの成果は、例えば第 54 回アフリカ学会における研究報告「南アフリカにおける国際刑事裁判所脱退議論に関する一考察：市民社会組織の役割を中心に」および執筆中の博士論文「国際刑事裁判所に対する協力をめぐる法と政治の展開」に反映される。今回拡げたネット
ワークを更に発展させ、今後も継続的に関係者との議論を重ねながら本研究分野の調査を進めたい。
なお、ケープタウン大学からも本研究活動についての記事がウェブ上で公開されている[16 頁]。

3

Ⅱ. Research Activity
1. Introduction
Although the ICC Rome Statute has clauses for international cooperation in Part 9, international
cooperation does not work well so far as shown in ICC experiences in Africa. This is because the ICC
does not have any power to enforce the requests on the states. Thus, the analysis of state cooperation
to the ICC through the case study is a significant step to understand the dynamism of law and politics
with regard to the relationship between the ICC and Africa.
Until recently, the ICC exercises its jurisdiction on 8 African states only. This is one of thereasons why the ICC has been criticized by African states, as it has been considered that the ICC
might exclusively target African leaders. In particular, ICC’s interventions through the prosecution of
the head of states in Kenya and the issue of the arrest warrant for Sudanese President Bashir havebrought severe backlash from African states. Furthermore, the African Union has made the decisionof non-cooperation with the ICC. Thus, Bashir has not been arrested on his trips to some African
states. In fact, the ICC can do nothing without state cooperation. This complicated situation clearlyshows the limitation of the ICC intervention for putting an end to impunity in Africa.
However, in June 2015 the South African high court in Pretoria produced the first-everjudgement in regard to the cooperation with the ICC. The Pretoria High Court issued a legal order tothe South African Government to respect the international treaty and the domestic law, namely the
ICC Statute and the Implementation of the ICC Act in South Africa. At that time, Bashir was visiting
South Africa to attend the AU summit. Thus, the Court’s judgement had a heavy impact on global
justice and there was a certain expectation that the South African Government might arrest Bashir. In
the end, the South African Government let Bashir leave for Sudan by ignoring the High Court
judgement.
This event is a critical juncture to the relationship between South Africa and the ICC.
Initially, this research focused on the relationship between the ICC and South Africa based on the
hypothesis that the High Court judgement would bring further non-cooperation stance from thegovernment of South Africa. In order to clarify this point, the research addressed three themes: (1)Why did the High Court decide to arrest Bashir? (2) What is the “interest” for South African
Government by admitting Bashir to visit freely? (3) What kind of changes and reactions have we seen
after the 2015 High Court judgement in South Africa? This research addressed to analyze the impactof the judgement on the relationship between the Government of South Africa and the ICC.
Suddenly the impact has been shown that the Government of South Africa decided towithdraw from the ICC Statute in October 2016. This led me examine whether (4) the ICC can be
replaced by the African Court of Justice and Human Rights as the government of South Africa
mentioned, (5) South Africa has the same intention of Burundi and Gambia which also decided towithdraw from the ICC followed by South Africa, and (6) South Africa can actually withdraw fromthe ICC in October 2017 in accordance with the ICC Statute Article 127, although there are severecounterarguments by civil societies and opposition parties who disagree with its decision.
Bearing the updating discussion in mind, my fieldwork was involved in structured interviews
with scholars and practitionars of international criminal justice. The research outcomes have been4

shared with the relevant experts and are intended to be part of my Ph.D. thesis as well as articles ofacademic journals.

2. Study Area
This research explored law and politics in South Africa, with particular interest in its Implementationof the ICC Act. In the African continental, South Africa is the first state to domesticate the ICC
Statute in 2002 for guaranteeing cooperation with the ICC which is the Implementation of the ICC
Act. The establishment of the South African ICC Implementation Act has been welcomedinternationally and expected to clarify domestic legal procedures, including the conditional universal
jurisdiction, and to advance international criminal justice. The High Court judgement for arresting
Bashir in 2015 resulted from this Implementation of the ICC Act. So far, the Implementation of the
ICC Act was used for the initiation of investigation of the Zimbabwe torture case and Madagascar
case (Ravalomanana case), despite both cases occurred outside of South Africa. The South African
judicial authority has relatively broad jurisdiction to respect the ICC Statute under the Implementationof the ICC Act. Furthermore, all related cases were brought in North Gauteng High Court (Pretoria)
by civil society organizations.

Picture 1: North Gauteng High Court (Pretoria), March 2017.

In addition, this research was conducted in Namibia and Malawi to compare with South
African cases.2 This comparison enabled me to clarify the unique stance of South Africa to the ICC.

Picture 2 (Left): Law Society of Namibia, January 2017.
Picture 3 (Right): Ministry of Justice and Constitutional Affairs in Malawi, March 2017.
2

In these areas, the research exercised by self-fund.
53. Methodology
In my past academic articles, I demonstrated that the international criminal justice is a cross roadbetween law and politics (Fujii 2015; 2016). Since the establishment of the ICC in 2002 as a treatybased organization, we have seen a lot of cases that political interests outweighed the ICC requests forpursuing justice as South Africa experienced in June 2015. This means that the ICC is unlikely to be amere judicial organ. Hence, this research has to address the analysis of both the domestic legal
framework and the political background. By clarifying them through this field-based study, thisresearch was able to deepen the understanding of the complex cooperation issues between the ICC
and South Africa. In response to this aim, this research included three steps:(1) Information collection and document reviews
The information and document collection is an essential part of this study. A case research based on
the judgement of the South African High Court in Pretoria in 2015 for arresting Sudanese President
Bashir was to identify the relevant documents, including legal and administrative action papers. In
particular, the analysis of the Implementation of the ICC Act was fundamental to further research on
this topic. This Act brings a unique legal framework in comparison with other states. In her book,“Civil Society and International Criminal Justice in Africa: Challenges and Opportunities” publishedin 2016, Dr. Hannah Woolaver, my supervisor at the UCT, explained well about South African legal
framework with regard to the Implementation of the ICC Act. This research further explored thedeclaration of the South African government to withdraw from the ICC in October 2016 and its
intention in comparison with other cases in Burundi and Gambia. For example, the South African
Minister for Justice Michael Masutha mentioned the importance of the regional court as follows:“South Africa will work closely with the African Union and with other countries in Africa tostrengthen continental bodies, such as the African Court on Human and People’s Rights,
created to deal with such crimes and to prosecute the perpetrators, whilst at the same time
continuing to participate and honour its commitments under international human rights
instruments.”
The related information was mainly collected in the National Library and Law Library at the
University of Cape Town (UCT).

Picture 4 (Left): Centre for the Book - National Library of South Africa, March 2017.
Picture 5 (Right): Law Library, University of Cape Town, January 2017.

6

(2) Research interviews
In its initial step, this research identified significant issues on this theme which contributed todeveloping research questionnaires (See Appendix). Thanks to the advice of researchers at the UCT,
relevant actors were also identified. For example, the Southern African Litigation Center (SALC) in
Johannesburg played the most important role in the 2015 High Court judgement for arresting Bashir.
In fact, at the court the SALC claimed that the government has a responsibility to take action forBashir’s visit at South Africa under the Implementation of the ICC Act. The opportunity to interview
with an officer at the SALC allowed me to visualize the process of the Implementation of the ICC Act
in South Africa. In addition to the South Africa, the experiences of neighboring states were exploredto compare with South Africa. The interviews were carried out in Namibia and Malawi, enabling me
to reveal their meaningful examples.

Picture 6 (Left): at Center for Conflict Resolution, December 2016.
Picture 7 (Canter): at Southern African Litigation Center, March 2017.
Picture 8 (Right): at Ministry of Justice and Constitutional Affairs in Malawi, March 2017.

(3) Contribution (shared findings) and feedback
The final step of this research was to organize and discuss its outcomes with scholars. I intended to
exchange opinions about the ICC cooperation and the experiences not only of South Africa but also ofneighboring states. On 22 and 23 of March, I presented my research findings and future research plans
to Dr. Hannah Woolaver and Prof. Danwood Chirwa. They gave me insightful comments and advice
for my future research.

Picture 9 (Left): with Dr. Hannah Woolaver, March 2017.
Picture 10 (Right): with Prof. Danwood Chirwa, March 2017.

7

4. Research Findings
By conducting a wide range of literature reviews and interviews, this field-based research identified
important events which would contribute to analyzing the relationship between the government ofSouth Africa and the ICC and deepening the understanding of the legal framework with regard to theinternational criminal justice in South Africa. It resulted in the overview of the relevant events and theflow chart on the process of cases regarding the Implementation of the ICC Act. These findings wereidentified through the above research process and will be essential for my future academic
contributions.
Overview of relevant events of this research
Date

EventsNovember 2000

- South Africa ratified the ICC Statute.

July 2002- The Implementation of the ICC Act of 2002 was established in South Africa.

June 2015- President Omar al Bashir of Sudan who has been indicted by the ICC for war
crimes, crimes against humanity and genocide arrived in South Africa for attending
the AU summit.
- High Court judgement admit South Africa has to fulfill its obligations under the
ICC Statute and the Implementation of the ICC Act.

March 2016

- Supreme Court of Appeal rejected the appeal from the Government.

October 2016

- Minister of International Relations and Co-operation gave notice of South Africa’s
intention to withdraw from the ICC to UN Secretary General.
- Burundi notified its intention of withdrawal from the ICC.

November 2016

- DA (the opposition party) claimed on the court because the government violated
the procedure of withdrawal from the ICC, in terms of South African Constitution.
- Gambia notified its intention of withdrawal from the ICC.

November 2016

- An annual meeting of the ICC Assembly State Parties was held in the Hague.
- South African Minister of Justice visited new ICC building.

January 2017

- The AU adopted so called “ICC withdrawal strategy” at the summit withreservations from several African States.

February 2017

- Gambian President Adama Barrow who was newly elected rescinded thewithdrawal from the ICC Statue.
- South African High Court held that the decision to withdraw without priorparliamentary approval was ‘procedurally irrational’.

March 2017

- South African Government withdrew the tabled ICC repeal bill from Parliament.

April 2017

- The ICC hearing was conducted regarding South African failure for arrestting
Bashir in June 2015

8

The flow chart on the cases of the Implementation of the ICC Act
Legend Request to initiate
investigation
 Reject the request Claim on the Court
 Order to respect the ICC andthe ICC Act

The Association of Martyrs of
Antananarivo Merina Square(Ravalomanana case)1
National Prosecuting
Authority (NPA)

South Africa Police Service(SAPS) Directorate forPriority Crime
Litigation Unit (PCLU)

Priority Crime
Investigation (DPCI)The order based on
the Implementationof the ICC Act

Southern Africa
Litigation Center(Bashir Case)

4

4
3

3

North Gauteng High
Court (Pretoria)
Supreme Court ofAppeal (SCA) 
Constitutional Court

2

1

Southern Africa
Litigation Center(Zimbabwe Case)
The claim based on the promotionof Administrative Justice Act S 6.1

Chart 1

5. Discussion
Through the literature review and analysis, the below chart was developed to facilitate the discussions
with scholars and practitionars of international criminal justice. The meaning of Status A is the nonratification of the ICC Statute. Status B is the ratification of the ICC Statute and the states are
requiring the ICC to be reformed. Status C is to ratify the ICC Statute but the states respect AU’s noncooperation decisions towards the ICC rather than the ICC’s legal framework. Status A’ means
withdrawal from the ICC. The relationship between the ICC and states is actually more complex, but
this chart is helpful for clarifying the position of states toward the ICC.
This chart indicates that states might change its positioning. In the case of South Africa, thegovernment initially respected the ICC framework (Status B), but its attitude gradually became Status
C. Finally, South Africa tried to escape from the ICC (Status A’). However, in March 2017, South
African Government withdrew the tabled ICC repeal bill from Parliament. The analysis of thismotivation would be the critical part of the future study. As a similar case, Malawi also once accepted
Bashir’s visit in 2011, which means Status C. However, in 2012 Malawi showed its intention to arrest
Bashir if he came again. This rejection of Bashir’s visit indicated that Malawi shifted its position fromC to B. It is considered that the exploration of the reasons of changes from A’ to C and C to B is key
to clarifying how African states can maintain positive relationship with the ICC. In order to deepen
this analysis, more examples are necessary to be obtained and investigated.

9

The ICC Cooperation Framework
Respect Rome Statute(but support to reform)A

The status shift
A
A→B
A→B→CA→B→C→B
A→B→C→A’A→B→C→A’→C/B

B
Ratified Rome Statutebut respect AU frameworkC

A’
Chart 2

6. Conclusion
This field-based research identified cooperation framework of individual states as to the relationshipbetween South Africa and the ICC. This enabled me to visualize the information and discussed these
topics with scholars and practitionars of international criminal justice as showed on this report.
The next step is to collect more samples. During this field-based research, I compared South
African with Namibian and Malawian cases. However, they are just three of the ICC member states inAfrica. In particular, it could be considered that there is no single reason for determining thedirections from Status A’ to C and Status C to B. The interim analysis of this discussion was provided
at the annual academic conference of the Japan Association for African Studies (JAAS) in May 2017
and the future research will be reflected on my Ph.D. thesis.

“An Analysis of the South African Withdrawal from theInternational Criminal Court” at the annual academic
conference of the Japan Association for African Studies
20 May 201710

Acknowledgement

I would like to acknowledge kind supports from my colleagues and supervisor in Japan, the Global
Leadership Training Programme in Africa, Institute for the Advanced Study of Sustainability United
Nations University (UNU-IAS) and Prof. Mitsugi Endo at the University of Tokyo. In South Africa, I
would like to sincerely appreciate Dr. Hannah Woolaver and Prof. Danwood Chirwa for theirinsightful advice on this research and Prof. Elrena Van Der Spuy (the Head of the Department of
Public Law) and Ms. René Francke for their generous assistance as to my research activities in the
Department of Public Law, UCT.

Picture 11 (Left): with Ms. René Francke, March 2017.
Picture 12 (Right): with Prof. Elrena Van Der Spuy, March 2017.

References

Chirwa, Danwood Mzikenge and Chenwi, Lilian (ed.) (2016). The Protection of Economic, Social
and Cultural Rights in Africa International, Regional and National Perspectives. Cambridge
University Press.
Chirwa, Danwood (ed.) (2012). Accountable government in Africa: Perspectives from public law andpolitical studies. UCT Press/United National University Press.
Fujii, Hiroshige (2015). “The Impact of ICC Interventions on Kenya, the Ivory Coast and Human
Security – A Comparative Analysis from the Initiation of Investigations to State Responses” Journalof Human Security Studies Vol.4, No.1.
Fujii, Hiroshige (2016). “The United Nations and Internationalized Criminal Courts: Significance,
Challenges and Prospects for African Union’s Participation” Kokuren Kenkyuu (Journal of United
Nations Studies) Vol.17.
Williams, Sara and Woolaver, Hannah (ed.) (2016). Civil Society and International Criminal Justicein Africa: Challenges and Opportunities. JUTA.

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Appendix-------------------------------------------------------------------------------------------------------------------------

Research Interview Questionnaire
Date :

Nationality :Affiliation/Position:.
.

*Please select multiple choices and then write reasons. If you have concrete references for your reason,kindly mention them freely. Web links, news sites and press releases are also possible to denote forsupporting your idea.

Ⅰ. With regard to the International Criminal Court (ICC)
1. How do you evaluate the ICC activities so far?
(a) very positive(b)positive (c)neutral (d)negative (e) very negative

Reasons/Comments:
2. Do you think the ICC is important for sustainable peace in Africa?
(a) very positive(b)positive (c)neutral (d)negative (e) very negative

Reasons/Comments:
3. Do you think the ICC is targeting Africa?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
4. Do you agree with African Union’s decision for non-cooperation with the ICC?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
5. What is the most critical problem for the relation between the ICC and the African Union?
Reasons/Comments:

Ⅱ. With regard to the relation with your country
1. Do you think your government has cooperated with the ICC?
(a) very positive(b)positive (c)neutral (d)negative (e) very negative

Reasons/Comments:
2. Why does your government support, not support or does not ratify the ICC Statute?
Reasons/Comments:12

3. Do you think your government will further cooperate with the ICC in the near future?
(a) Yes(b)No(c) withdrawal from the ICC(possibility)

Reasons/Comments:
4. Do you think your government is influenced by foreign governments’ strategy toward the ICC?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
5. Have any issues on the ICC been discussed in a political context among political actors, such as thegovernment, ruling parties or opposition parties in your county?
(a) very often discussed(b)often(c)sometimes(d)rarely(e) never

Reasons/Comments:
6. Do you think political opinions about the ICC is an important factor for voting behavior among thegeneral population in your country?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
7. Do you think the general population in your country support the ICC?
(a) Yes(b)No(c)unaware

Reasons/Comments:
8. Do you think the general population in your country support the AU’s project on a new regional
criminal court (the African Court of Justice and Human Rights called “African ICC”) ?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
9. Do you think your government will ratify (or ratified) Malabo Protocol for establishing African Court ofJustice and Human Rights with an immunity provision for the head of states and senior officers?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
10. Can civil society (human rights NGOs, institutions or individuals) initiate an investigation orprosecution for international crimes in your country? Does the legal framework in your country admit
universal jurisdiction?
(a) Yes(b)No

Reasons/Comments:
11. If yes, has universal jurisdiction been exercised in the past? If yes, please explain the case.

13

(a) Yes(b)No

Reasons/Comments:

Ⅲ. With regard to Civil Society Organizations
1. What are your main source of funding?
(a)foreign government (b)national government (c)International organization (d)foreign private
foundation(e)domestic private foundation(f)voluntary donation from the general population(g)others

Reasons/Comments:
2. Have you ever influenced by international donners (esp. Western Countries) for exercising yourprojects?
(a) very often influenced(b)often(c)sometimes(d)rarely(e) never (f) N/A

Reasons/Comments:
3. Do you think other local NGOs for advocating International Criminal Justice in Africa are influenced by
the idea/opinion of international donners (esp. Western Countries) ?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
4. Do you agree with the ICC prosecuting heads of state and senior officials (see Sudan and Kenya ICC
cases)?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
5. Have you ever noted different cooperative stances or opinions for the ICC among local NGOs in Africa?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
6. Have you ever noted different stances or opinions for prosecuting heads of state and senior officials at
the ICC among local NGOs in Africa?
(a) very often(b)often(c)sometimes(d)rarely(e) never

Reasons/Comments:
7. Do you agree the establishment of African Court of Justice and Human Rights (called African ICC) for
prosecuting international crimes in Africa?
(a) Yes(b)No(c)other opinion

Reasons/Comments:
8. Do you think the African Court of Justice and Human Rights will function effectively?

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(a) Yes(b)No(c)other opinion

Reasons/Comments:
9. Have you ever noted different stances or opinions for the African Court of Justice and Human
Rights/Malabo Protocol issues among local NGOs in your country or the region?
(a) very often(b)often(c)sometimes(d)rarely(e) never

Reasons/Comments:
10. If you have noticed different stances or opinions for the area of international criminal justice between
local NGOs in Africa and International NGOs, could you give me examples.
Reasons/Comments:
11. Could you explain what is the most important role of NGOs for the international criminal justice? If
you address it already, please explain concreate projects.
Reasons/Comments:
12. What are the challenges faced by local NGOs in advocating international criminal justice?
Reasons/Comments:-------------------------------------------------------------------------------------------------------------------------

Ⅲ. Reflection to the GLTP in Africa
While I had professional experiences in several African states prior to starting a Ph.D. course in the
University of Tokyo, I was seeking opportunities to expand my academic networks with African
researchers. The GLTP in Africa was a great opportunity for my research in the field.
To be honest, when I worked in Japanese Government, it was not difficult to make an
appointment for research interviews in Africa, so my research plan was a little bit optimistic.
Consequently, due to many events relating the ICC and South Africa that occurred during my stay inSouth Africa, I was not able to arrange research interviews with some civil society groups who were
occupied for advocating such new movement. Notwithstanding, my research had been very muchadvanced thanks to supportive scholars at the University of Cape Town and cooperative practitioners
in Africa. Their hospitality is an unforgettable experience and interactions with supportive researchersand professionals in Africa gave insightful advice to my study and my next research plan in Africa.
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Future students also would be able to gain meaningful experiences and positive reflections throughthe participation in the GLTP in Africa. By using network built in this research, I would like tocontribute to enhance more interaction among scholars between Africa and Japan.

An article about my research activities was uploaded to the official website of Department of Public Law, UCT.
“Visiting Fellow from United Nations University Global Leadership Training Programme in Africa”

URL: http://www.publiclaw.uct.ac.za/news/visiting_fellow_united_nations_university

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