African States, the African Union, and the International Criminal Court : A Continuing Story

Abstract

This article analyses the strained relationship between African States, the African Union, and the International Criminal Court. It starts by scrutinising the allegations of ‘anti-Africa bias’ that the African Union and some African States have voiced towards the International Criminal Court. Then it looks at the threat of a pull-out of certain African States parties from the ICC Statute after Burundi, South Africa, and The Gambia declared in October 2016 that they were planning to withdraw from the Court. Finally, it analyses the Malabo Protocol, an initiative by the African Union which aims to create criminal chambers in the African Court of Justice and Human and Peoples’ Rights, simply put: an ‘African Criminal Court’.