The contentious relationship between Africa and the ICC
Date
2018
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Publisher
Journal of Law and Conflict Resolution
Abstract
The ICC was established in 2002 under the Rome Statute with significant support from African
states which comprise thirty percent of the ICC’s total membership. After nearly two decades in
operation, the ICC has issued a number of indictments to both sitting and ex-African leaders. The
African Union has criticized these indictments citing that the Court seems to be overly
concentrating its efforts on the African continent. African leaders have claimed that the ICC has
ignored the atrocities committed by Western superpowers particularly in the various wars on
terror around the world. Another notable concern is the absence of these major powers from the
membership of the Rome Statute. In response for example, several African states including Chad,
Uganda, South Africa and Malawi have defied the ICC’s requests to arrest and extradite Sudan’s
Omar al-Bashir for prosecution. The latest of such defiance was Rwanda’s refusal to arrest al
Bashir when he visited the country in March 2018. This article traced the origin of African dissent
against the ICC and examined its implications on justice for victims, international law, as well as
the future of the Court. This article examined some of the most prominent ICC investigations of
African Heads of State and the criticisms against such action for example, state sovereignty and
immunity of Heads of State. The article also analyzed the role of the ICC in creating accountability
for atrocities in Africa. It concluded that although the ICC has its deficiencies, it remains a very
important avenue for ensuring accountability and justice for serious crimes in Africa. This exercise
was achieved by extensive review and analysis of international law instruments, national
legislation, textbooks, academic articles as well as reports pertaining to the formation and
operation of the ICC.
Description
Keywords
ICC, African Union, accountability, human rights, crimes against humanity