African states withdrawal from the International Criminal Court: what's wrong (original) (raw)
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Withdrawal from the International Criminal Court: Does Africa have an alternative?
2017
After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a reality with the imminent withdrawal of Burundi, this article considers the question of whether Africa has an alternative solution. With an African Union (AU) Constitutive Act purporting a commitment to combating impunity and promoting democracy, rule of law and good governance, one would expect the AU to be ready to pick up the reins. To end impunity and hold perpetrators accountable, finding an alternative for the lacuna left in the absence of the ICC has never been more pressing. The recent adoption of a strategy by African countries for a mass withdrawal has pushed the matter to the fore. This article discusses the feasibility of amnesty, domestic and loc...
THE INTERNATIONAL CRIMINAL COURT-AND THE EXIT OF AFRICAN NATIONS-A LEGAL APPRAISAL
To stay or not to stay? That’s the question before African Governments regarding continuing to be signatories to the Rome Treaty that established the International Criminal Court. This paper takes a look at the provisions of the Treaty, the workings of the International Criminal and the allegation of neo colonialism and bias against African leaders in the operations of the prosecutor. The question this paper seeks to answer is whether by the exit African leaders are protecting their self interest or the interest of their people.
African Move to Withdraw from the ICC: Assessment of Issues and Implications
India Quarterly: A Journal of International Affairs, 2019
Africa’s relationship with the International Criminal Court (ICC) has been strained over the past few years. Threats by a number of African states to withdraw from the ICC’s jurisdiction have marked a crescendo in the strained relationship. This study looks at the issues surrounding the proposed or threatened mass withdrawal by African countries and the implications for peace and justice in the African continent. Utilising interviews with a cross section of key informants including members of the African diplomatic community resident in Zimbabwe, this study highlights that it is difficult for African states to withdraw en masse since not all states are agreeable to this stance. The study further highlights that although the ICC is not a perfect institution, it is the only alternative court of last resort that can deal with human rights and international humanitarian law violations as well as impunity in the continent. The proposed African Court of Justice and Human Rights (ACJHR) ha...
African Response to the International Criminal Court: Implications for International Legal Justice, 2015
The ephemeral legal relationship between Africa and the International Criminal Court has yielded sour grapes. African states have grown a strong aversion to the court, accusing this institution of last instance of selective justice and an exclusive focus on Africa. The Darfur referral by the Security Council on President Omar Hassan Ahmad al Bashir has finally led to the severance of ties between the African Union and the ICC. With powerful and affluent states such as the United States of America, Russia and China not part to the Rome Statute and hence non-members of the ICC, the absence of African states will further jeopardise the existence of the court. The veto of prosecution which the Permanent Five (P5) possesses has been a bone of contention and a source of disgruntlement amongst many signatories, non-signatories and potential signatories to the Rome Statute.
Africa’s Relationship with the International Criminal Court: More Political than Legal
Melbourne Journal of International Law, 2013
In July 2002, the Rome Statute of the International Criminal Court came into force, giving birth to the International Criminal Court (‘ICC’ or ‘the Court’). This marked a significant moment in international criminal justice. The birth of a permanent court that would hold accountable those responsible for gross violations of human rights and international humanitarian law was now a reality. The African region played a great and active role in the realisation of this Court. However, the fact that all accused persons presently before the Court are Africans has raised speculation that the ICC is targeting Africans. This perception was further exacerbated with the indictment of President Omar Hassan Ahmad Al Bashir of Sudan. Consequently, the African Union (‘AU’) has resolved to cease cooperation with the Court with regard to the arrest of Al Bashir. The Court recently celebrated 10 years of existence, but the AU’s attitude towards the ICC suggests that political considerations continue to form an obstacle to international criminal justice.
Engendered Discontent: The International Criminal Court in Africa
2021
Amidst concerns of African Member States exodus from the International Criminal Court, this article analyzes the ICC's investigation and prosecution of the "most serious crimes of concern" and the perception that the Court has disproportionately focused on African countries. The authors evaluate the three main causes for this perception and assess 1) whether the Rome Statute provides Heads of State Immunity, an issue which has been heavily contested, 2) the mechanism and politics of state-referrals, and 3) ICC intervention during ongoing conflict and its interplay with traditional resolution mechanisms. The ICC has tended to dismiss claims of bias as an agenda by a few African Governments who wish to escape accountability. However, governments and advocates discontent with the International Criminal Court argue that the ICC's primary focus on Africa demonstrates that the court is a tool for selective justice. The authors explain that these concerns must be addressed, as continuing dismissal of such issues will only hurt the Court's legitimacy and erode its ability to combat impunity. Further, the authors argue for increased cooperation between the ICC and Interpol to improve the investigation and collection of evidence as well as mechanisms for arresting individuals on warrants issued by the ICC. Section one discusses the drafting history of the Rome Statute and its impact on the current temporal, territorial and subject matter jurisdiction of the Court. Section two analyzes the doctrine of Heads of State Immunity, with a particular focus on the ICC indictment of President Bashir and the African Union's recent adoption of an ICC withdrawal strategy for Member States. In Section three, the authors, using Uganda as a case study, consider the role of self-referrals in supporting and obstructing the administration of justice. Section four considers the peace and justice debate. Section five concludes the article with some recommendations to help address the issues between the ICC and African Member States. The authors argue that it is imperative that the ICC: 1) acknowledge that there is a bias and make concerted efforts to expand the jurisdictional scope of the Court beyond Africa, and 2) support regional mechanisms, including the African Court of Justice and Human Rights and 3) work with Interpol to conduct investigations, collect credible evidence and enhance the Prosecutor's investigation of serious crimes of concern committed everywhere.
The contentious relationship between Africa and the International Criminal Court (ICC)
Journal of Law and Conflict Resolution, 2018
The International Criminal Court (ICC) established in 2002 under the Rome Statute with significant support from African States, 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 had ignored the atrocities committed by western superpowers especially 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.
The International Criminal Court’s Involvement with Africa: Evaluation of a Fractious Relationship
Nordic Journal of International Law, 2013
This article examines the International Criminal Court's (ICC) role in relation to international crimes allegedly committed in Africa; it considers the difficulties and obstacles that the ICC has encountered in securing the cooperation of not only States Parties but also of non-States Parties which, in certain instances, are mandated to assist it; and it analyses the acrimonious relationship that has arisen between the African Union (AU), the Continent's political and security organisation, and the ICC. Thus far, the two most significant sources of antagonism between the ICC and Africa have been the arrest warrants against President al-Bashir of Sudan in relation to the situation in Darfur, and the crimes against humanity allegedly perpetrated during Kenya's post-election violence in 2007-2008. Finally, the article examines the continuing attempts by African States to amend Article 16 of the Rome Statute.
The Problems Facing the International Criminal Court: African Perspectives
2021
Since the establishment of the International Criminal Court (ICC), it has faced serious problems and has been subject to criticism, particularly from African states. More specifically, some African states have argued that the operation of the Court has produced outcomes that are vastly different from what was imagined and hoped for at the time the Court was negotiated in 1998. The dissertation answers four interrelated research questions: (1) What kind of International Criminal Court (ICC) did African states want prior to and during the Rome Diplomatic Conference in 1998? (2) Why did African states ratify the Rome Statute more than any other region even though they did not get the kind of Court that they wanted? (3) What are the origins of the criticisms levied by African states against the ICC? (4) Why, despite the compromises reached in Rome, and the significant criticism levied against the resultant ICC since, would African states commit and/or stay committed to the Court by sign...