Africa Within the Justice System of the International Criminal Court: The Need for a Reform

Abstract

This article re-examines relationship between Africa and International Court (ICC). It traces successive changes of African attitude towards this Court, from states' euphoria, to hostility against its work, to regional counter-initiatives through umbrella of African Union (AU). The main argument goes beyond idea of the Court that Africa wants in order to identify concrete reasons behind such a formal argument which may have fostered, if not enticed, majority of African states to become ICC members and actively cooperate with it, when paradoxically some great powers have decided to stay outside its jurisdiction. It also seeks to understand, from a political and legal viewpoint, which parameters have changed since then to provoke that hostile attitude against Court's work and entrance of AU into debate through African Common Position on ICC. Lastly, this article explores African alternatives to contested ICC justice system. It examines need to reform Rome Statute in order to give more independence, credibility and legitimacy to ICC and its duplication to some extent by new Criminal Court of African Union. Particular attention is paid to resistance against this idea to reform ICC justice system.