When Elephants Collide it is the Grass that Suffers: Cooperation and the Security Council in the Context of the au/icc Dynamic

Abstract

Much has been written about the tension between the African Union and the icc. Equally, the relationship between the icc and the Security Council has received a significant amount of attention. Very often, the discourse has presented the debate a stand-off between the protagonist fighting the good fight and antagonists intent on wanton destruction. This article is concerned with the relationships between the icc, au and the Security Council. It argues that the relationships can be characterised as triangular conflictual relationship in which all three sides of the triangle are straddled by cooperation. The paper argues that all three entities, the icc, the au and Security Council are culpable in the use and abuse of cooperation against each other in the pursuit of narrow interests.