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E-grāmata: Black Iconography and Colonial (re)production at the ICC: (In)dependence Cha Cha Cha? [Taylor & Francis e-book]

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This book explores the reproduction of colonialism at the International Criminal Court (ICC) and examines international criminal law (ICL) vs the black body through an immersive format of art, music, poetry, and architecture and post-colonial/critical race theory lens.

Taking a multi-disciplinary approach, the book interrogates the operationalisation of the Rome Statute to detail a Eurocentric hegemony at the core of ICL. It explores how colonialism and slavery have come to shape ICL, exposing the perpetuation of the colonial, and warns that it has ominous contemporary and future implications for Africa. As currently envisaged and acted out at the ICC, this law is founded on deceptive and colonial ideas of what is wrong in/with the world. The book finds that the contemporary ICL regime is founded on white supremacy that corrupts the laws interaction with the African. The African is but a unit utilised by the global elite to exploit and extract resources. From time to time, these alliances disintegrate with ICL becoming a retaliatory tool of choice. What is at stake is power, not justice. This power has been hierarchical with Eurocentrism at the top throughout modern history. Colonialism is seen not to have ended but to have regerminated through the foundation of the independent African state. The ICC reproduces the colonial by use of European law and, ultimately, the over-representation of the black accused. To conclude, the book provides a liberated African forum that can address conflicts in the content, with a call for the end of the ICCs involvement in Africa. The demand is made for an African court that utilises non-colonising African norms which are uniquely suited to address local conflicts.

Multidisciplinary in nature, this book will be of great interest to students and scholars of international criminal law, criminal justice, human rights law, African studies, global social justice, sociology, anthropology, postcolonial studies, and philosophy.
Preface xi
Acknowledgements xiii
List of abbreviations
xv
1 Introduction
1(19)
Standpoint
2(4)
Post-Colonial and Critical Race Theories
6(5)
Art and Other Ways of `Looking'
11(3)
Chapters
14(6)
2 (Independence Cha Cha Cha! Post-Colonialism, Situated
20(31)
Introduction
21(2)
Post-colonialism
23(4)
Post-colonial ICL Authorship?
27(6)
Fuck/Empire
33(5)
Twail and Critical Race Theory
38(5)
Conclusion
43(8)
3 C'est quoi cette independance la? The Neo-liberal ICC
51(47)
Introduction
51(3)
Neo-liberalist Coloniality
54(15)
Revolution Anyone?
69(8)
Trouble in Paradise? Kenya and the Birth of an ICL Crisis
77(6)
Conclusions
83(15)
4 Le Jour D'apres? Black iconography at the ICC
98(34)
Introduction
98(2)
What is Iconography?
100(2)
Political Iconography and the ICC
102(4)
Iconography of the Black Accused
106(8)
The Black Accused, Law and Language
114(2)
Iconography of Colonial Court Architecture and the ICC
116(7)
Conclusions
123(9)
5 Monsieur Cuvier Investigates: Africa as Testing Site
132(67)
Introduction
133(2)
A History of Testing, (Re)production, Instrumentation
135(3)
Rape as War Crime
138(19)
Fuck/White Saviour Complex
157(12)
L'addition S'il Vous Plait? Plea Bargains at the ICC
169(4)
Cultural Destruction
173(6)
Conclusions
179(20)
6 Umuntu Ngumuntu Ngabantu! Decolonised ICL?
199(39)
Introduction
199(1)
ICL and Pluralism
200(4)
Ubuntu and the Interlegality Possibilities
204(6)
Forgetting Justice: the South African TRC Experiment
210(7)
Remembering Justice: Gacaca Model
217(5)
The Pan-African Criminal Court? Petit A Petit ... L'oiseau Fait Son NID!
222(5)
Conclusions
227(11)
7 A La Fin, Le Balayeur Balaye!
238(7)
Recap
239(4)
Breaking the Shackles
243(2)
8 Epilogue
245(2)
Index 247
Stanley Mwangi Wanjiru is a London based lawyer and theorist. He holds a PhD in International criminal law from Sussex University, LLM(Distinction), LLB (Hons) and BA(Hons). Mwangi was called to the Bar (England and Wales) by the Inner Temple in 2004 after his Vocational Course (BVC) at the College of Law, London. Mwangi focuses on the interaction between the law and the black citizen. His research areas are in decolonising theories, critical legal theories, constitutionalism, public international law international economic law, and international criminal law. He currently teaches Law at University of Kent and is a visiting lecturer in constitutional, administrative, and human rights law at the City University London. Previously and parallel to his work in the law, Mwangi has worked in community projects and safeguarding both internationally and in the UK.