Center for Federalism Studies

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African Union’s Decision not to Cooperate with ICC and its Implications on the Member State’ Obligations Under ICC’s Statute and AU Constitutive Act
(Addis Ababa University, 2024-09-01) Simon Biruk; Wondemagegn Tadesse (PhD)
The establishment of the ICC was widely welcomed in Africa, as a significant step towards ending impunity for the most serious international crimes. However, as the ICC began its operations, the fact that most of its cases involved African countries led to tensions between the Court and the AU. This tension escalated when the ICC issued an arrest warrant for Sudanese President Omar al-Bashir. The AU subsequently urged its member states to refrain from cooperating with the ICC regarding al-Bashir's arrest, creating a conflict between the AU's decision and the obligations of African states that are parties to the Rome Statute and the United Nations. This thesis examines the legal implications of the AU's non-cooperation decision and its impact on the obligations of its member states under general international law, the ICC Statute, and the AU Constitutive Act. It explores the extent of the AU's authority to override existing international treaties and whether the decision aligns with the AU's objectives related to human rights protection. The findings highlight how the AU's position challenges the ICC's mandate and international cooperation