The Contention between Africa and the International Criminal Court: Withdrawals, Justification, and Impacts on the Court
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Date
2018-01
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Addis Ababa University
Abstract
The International Criminal Court (ICC) is the first permanent treaty based international criminal court,
governed by the Rome Statute, established in 2002, intended to end impunity for the perpetrators of the
most serious crimes of international concern: the Crimes of Genocide, Crimes against Humanity, War
Crimes and the Crime of Aggression.
The Role of African States and Civil Society Organizations in the formation of the ICC were so great and
they contributed much to the preparations leading up to the diplomatic conference in Rome at which the
Statute of the ICC was concluded. Over the years, however, the relation between the Court and Africa
changed and African states positions shifted from support to the ICC to hostility resulting in accusations
of selective justice against Africa.
However, various complaints have been directed against the Court from within Africa: complaining that
the ICC is a hegemonic tool of western powers which is not independent and it is an institution targeting
or discriminating against Africa focusing only on Africa that undermining African efforts to solve its
problems. As a result, the AU has adopted a hostile stance toward the Court and has called for its
member states to implement a policy of noncooperation with the ICC.
With this in mind the paper critically examines the contention between African States and the ICC, the
reasons for African states withdrawal and its viability and impact upon the Court, primarily by examining
Africa’s contribution to the creation of the ICC and by assessing the current state of play of Africa and
ICC relationship. Then, the paper will examine the justifications invoked by African states to withdraw
from ICC and analyse wether the allegations are justifiable. The research also examined the legal
framework of withdrawal from ICC and the possible impact of the calling for withdrawal by African
states.
Based on this analysis this paper concludes indicating possible ways to ease the growing tension between
Africa and ICC and recommending possible course of actions to be followed by African States and the
ICC that it is important for all the stakeholders in the justice process to look at the fight against impunity
as their main objective and withdrawing from the Court is a loss for the victims of grave crimes and for
the Court itself. Also, mass withdrawal from the ICC will hurt Africans more than the ICC because with
the highest incidence of systemic and human rights violations globally, Africa, more than any other
continent, needs the ICC.
Key words: Africa, ICC, Withdrawal
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Keywords
Africa, ICC, Withdrawal