The International criminal court in Africa: A motion for continued constructive engagement

Abstract

In the last decade, African states and their leaders have levied heavy criticisms against the International Criminal Court (ICC) operations on the continent. The ICC has been accused of infringing states sovereignty, engaging in selective justice and serving as an instrument for furthering neocolonialism. This paper examines Africa’s criticisms of the Court in detail and advances ways to improve relations between African states and the ICC. The examination of the strained relationship between Africa and the ICC will start with a survey of Africa’s criticisms against the ICC, followed by brief background information into the nature of crimes and other human rights violations taking place on the African continent. Crimes committed on the continent are analyzed for context and relevance; however, the nucleus of the paper will focus on refuting Africa’s criticisms of the ICC as an anti-Africa institution. Next, the paper engages in a substantive legal analysis of ICC’s law and procedures by providing counterargument responses to Africa’s criticisms. Furthermore, a motion supporting ICC’s relations on the continent is advanced to rebuild and reform for continued constructive engagement between African states and the ICC. The paper concludes that Africa’s criticisms of the ICC are more political than legal and, as a result, urges all parties and actors involved to foster a path for continued constructive engagement as a means to remedy the ongoing tension between African states and the ICC.