Os tribunais penais internacionais de quarta geração: soluções possíveis à resistência africana ao Tribunal Penal Internacional

Abstract

This dissertation discusses the need for the implementation of the fourth-generation international courts as a possible solution for the African resistance to the International Criminal Court - ICC. Despite the permanent nature and universal scope of the ICC, it has been proven indispensable for the establishment of new models of courts to repress violations of human rights in Africa. The new tribunals are created as a result of the dialogue established between the international community and the state, and comprise national and international elements in their structure, presenting themselves as more appropriate bodies to deal with African cases. Thus, an analysis of particular premises is made to formulate the general proposition that African countries resist the ICC and therefore the hybrid courts would be the solution to this problem. The analysis begins by describing the long path taken until the creation of the International Criminal Court. It then goes on to analyze the relationship of the ICC with the African States. Next, it deals with the fourth generation courts. Finally, the case of Hissenè Habré, judged by the Extraordinary Senegalese Chambers. At the end of the research, it is shown that hybrid courts are adequate to judge Africans because they bring justice to the people.