Addressing serious crimes of global concern in AfricaDribbling around the problem

Abstract

After decades of addressing serious crimes of concern to the international community on ad hoc basis, a permanent forum was established through the Rome Statute of 1998. This is the International Criminal Court (ICC) with jurisdiction over international crimes—genocide, crimes against humanity, war crimes, and aggression. Africa was enthusiastic about this new forum. More than two-thirds of African State members of the African Union (AU) signed and ratified the Rome Statute. However, the honeymoon was short-lived, as one case after another came from Africa, and allegations emerged that that the ICC was an imperialist project. Calls for African countries to withdraw from the ICC grew at AU Summits, while alternatives to the ICC were sought so that Africa could deal with international crimes arising out of Africa. Hence, the Malabo Protocol of 2014, prepared by the AU, aimed to replace the Rome Statute on the continent. This chapter looks at how the continent has been dealing with serious international crimes over the years: effects of principles like Universal Jurisdiction, the Rome Statute, and the possibilities for the Malabo Protocol. It examines the viability of Africa’s efforts to set up its own institutions to deal with international crimes.