African Move to Withdraw from the ICC: Assessment of Issues and Implications

Abstract

Africa’s relationship with the International Criminal Court (ICC) has been strained over the past few years. Threats by a number of African states to withdraw from the ICC’s jurisdiction have marked a crescendo in the strained relationship. This study looks at the issues surrounding the proposed or threatened mass withdrawal by African countries and the implications for peace and justice in the African continent. Utilising interviews with a cross section of key informants including members of the African diplomatic community resident in Zimbabwe, this study highlights that it is difficult for African states to withdraw en masse since not all states are agreeable to this stance. The study further highlights that although the ICC is not a perfect institution, it is the only alternative court of last resort that can deal with human rights and international humanitarian law violations as well as impunity in the continent. The proposed African Court of Justice and Human Rights (ACJHR) has not yet taken root owing to a shortage of adequate ratifications of the protocol establishing it.   Thus, although concerns of unfair targeting of African leaders and individuals by the ICC could be considered valid, African states need to find a way of establishing a cordial relationship with the ICC to ensure the protection of individual rights while they establish regional institutions to deal with cases currently being referred to the ICC.