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- miltonlaw: Africa and the Concept of Positive Complementarity The answer to the allegation that Africa is inappropriately targeted by international criminal court could as well lie in the sui generis concept of positive complementary. My doctoral thesis research title is: The international criminal court and positive complementarity: Institutional and legal framework. I. Introduction It is the... (more)
- almariam: Saving the ICC: A Proposal for a Witness Protection Program Justice delayed, again? In late January of this year, I wrote a commentary entitled, “Kenyatta at the ICC: Is Justice Deferred, Justice Denied?” In that commentary I openly expressed my angst over the endless delays, postponements and backpedalling talk about “false evidence” and “lying witnesses” surrounding the Uhuru Kenyatta trial at The Hague. I felt there was perhaps... (more)
- almariam: Kenyatta at the ICC: Is Justice Deferred, Justice Denied? I am getting a little jittery over the repeated delays, postponements and all the backpedalling talk about “false evidence” and “lying witnesses” in the Uhuru Muigai Kenyatta International Criminal court trial. I don’t want to say I smell a rat but I feel like I am getting a whiff. Is the stage being set to let Kenyatta off the ICC hook? There has been feverish... (more)
- Marius_: How can we choose to hide behind claims of moral inappropriateness when - in fact - these crimes are indeed taking place on sacred African soil!? Yes! It is imperative that the ICC should, despite the influence of the 'Powers-that-be', focus on initiating proceedings on crimes within its jurisdiction taking place outside the African continent, so as to meet the dictates of fairness. But that is not to say that the ongoing cases in Africa are without their individual basis. The victims of those... (more)
- ecalmeyer: Mass African Withdrawal from the ICC: Far from Reality Introduction One hundred and twenty two countries are States Parties to the Rome Statute of the International Criminal Court (“ICC”).1 Thirty-four are in Africa, making African states the largest continental bloc of ICC signatory countries.2 Many African nations believe that the International Criminal... (more)
- John Litwin: The International Criminal Court and African Politics Introduction Given the recent vote by the Kenyan parliament to withdraw from the Rome Statute,1 it is necessary to examine the non-meritorious, political reasons that may be motivating the proposed African boycott of the International Criminal Court (ICC).2 Comprising over a quarter of all member-states,3 a withdrawal from the ICC by... (more)
- Jenevieve Discar: Potential ICC Responses to Kenya’s Proposed Withdrawal Introduction Kenya’s recent, precedent-setting vote to withdraw from the ICC highlights the critical nature of this debate; regardless of whether the ICC is actually unfairly biased towards Africa or not, the perceived bias is greatly affecting its reputation and its ability to operate effectively. Kenya’s withdrawal should... (more)
- emilygiven: Complementarity: Too Stringent a Test? While critics claim that the ICC’s focus on crimes committed in Africa is inappropriate, its defenders cite the Prosecutor’s preliminary examinations of non-African crimes as evidence to the contrary. Because the Office of the Prosecutor is evaluating situations outside Africa with an even hand, defenders argue, the Court exhibits no bias against Africa. Several preliminary examinations of non-African... (more)
- karen.kwok: Syria: a Case Study of the ICC’s Limited Jurisdiction Since its inception in 2002, all situations under investigation or prosecution have been in Africa. Critics have claimed that the ICC’s focus on Africa has been inappropriate. In particular, the ICC has been accused of having an African-bias in situation selection. However, such critiques regarding ICC’s unfair targeting of Africa... (more)
- kennygbite: The question “Is the International Criminal Court targeting Africa inappropriately?” is influenced obviously by the fact that all the cases so far being handled by the ICC fall within Africa as if crimes within the jurisdiction of the Court are not taking place in other continents. However, assuming Africans so far indicted by the Court actually committed these crimes, should the question still arise simply because their counterparts in other continents are not being investigated nor prosecuted... (more)
Comment on the Africa Question: “Is the International Criminal Court targeting Africa inappropriately?”
I believe the International Criminal Court’s (ICC) near-exclusive focus on African cases over nearly two decades has been deeply problematic. The argument that this focus serves as a tool for former colonial powers to exert neo-colonial influence through international criminal justice carries significant weight. The EU-ACP Cotonou Agreement, which conditioned economic aid on ICC membership, strikes me as patronizing and akin to economic and political coercion. The ICC, meant to represent universal justice, has failed to reflect the global scope it was created to serve.
While it’s true that crimes under the Rome Statute occurred in Africa, I find it troubling that these were not solely committed by Africans. Non-African state and non-state actors, such as those involved in "Minerals for Weapons" deals, often played a role in fueling these conflicts, yet they’ve largely escaped accountability. For instance, France’s military and economic presence in the Central African Republic, where ICC-relevant crimes were committed with French-supplied weapons, raises questions about complicity in violation of international arms conventions. I’m concerned that arms suppliers, aware their weapons would be used for atrocities, have faced neither investigation nor prosecution.
Moreover, the ICC’s prosecutions seem to disproportionately target the defeated in conflicts. In Northern Uganda, for example, no members of the Uganda Peoples’ Defence Forces (UPDF) were prosecuted, and in Côte d'Ivoire, French forces and allied groups involved in targeting civilians were similarly spared. This selective justice undermines the ICC’s credibility.
The recent sanctions against the ICC Prosecutor and judges—predominantly women from African and developing countries—are, in my view, blatant political maneuvers to shield impunity and undermine international justice. I find it disheartening that these sanctions haven’t faced stronger condemnation from bodies like the Bureau of the ASP, the EU, or the UN General Assembly. The lack of robust support for the ICC weakens this vital mechanism for global justice, which I believe is essential for a safer, more equitable world.
In my opinion, the ICC must address these biases, hold all actors accountable regardless of their power or origin, and receive stronger international backing to fulfill its mission for the collective good of humanity.