Regionalizing International Criminal Law?

Abstract

Th is article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. Th e author situates the ICC within broader African eff orts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa's numerous confl icts, could contribute signifi cantly to the continent's fl edgling peace and security architecture which aims to prevent, manage and resolve confl icts and to anticipate and avert crimes against humanity. On the other hand, the author suggests that the ICC also has much to gain from Africa, especially in these early years when it is seeking to become a functional court of law with global legitimacy. By undertaking independent, fair and credible prosecutions without alienating States Parties, the world criminal court is more likely to fulfi ll its mandate and to win over powerful hold outs, such as the United States, China, and India. Th is will help it co-opt the support necessary for its universal reach and future success. However, he cautions that given Africa's sensitive historical experience with foreign interventions, including the slave trade and colonialism, the international criminal justice regime anchored on the ICC may be undermined, or perhaps even falter, if it is perceived as having a biased, politicized or insensitive application to a single region of the world.

‘To be or not to be?’ The African Union and its Member States Parties' Participation as High Contracting States Parties to the Rome Statute of the International Criminal Court (1998)

“…It is believed that it would likely go a long way to 'bridge the growing emotional distance between the Court and many of its supporters in Africa'. 119 While such an arrangement has the potential to enhance the legitimacy of the ICC, particularly in Africa, operationalising it would be extremely difficult because it would almost require the court to become mobile, something not envisaged at the outset, and certainly logistically demanding even to the extent of delaying justice for victims by several more years. Moreover, the AU has already rejected the idea of an ICC liaison office in Addis Ababa.…”

Er Den internasjonale straffedomstolen afrikafiendtlig?: Konfliktselektivitet og internasjonale straffedomstoler

“…Such expressions of disapproval have come from each of the ICC's primary evaluative audiences Á states, NGOs, communities most affected by the ICC's work, academics, and the global community generally. (DeGuzman 2012: 271) Av denne kritikken er det påstanden om at ICC har vaert partisk overfor afrikanske medlemsland i måten domstolen har valgt konflikter som har vaert mest utbredt (Mills 2012) (Chigara & Nwankwo 2015;Smeulers, Weerdesteijn et al 2015;Jalloh 2009). Denne kritikken står i sterk kontrast til hvor entusiastiske og støttende afrikanske land var da ICC ble ratifisert.…”

Irreconcilable Differences?

“…He writes: "In relation to the Court, these instruments open up an avenue for mutually beneficial AU-ICC cooperation on issues ranging from technical cooperation to concrete measures combating impunity." 87 …”