African Union and International Criminal Court: The Trajectory to Peace and Security in Africa

Abstract

The paper seeks to underscore the inconsistencies that characterised the relationship between the African Union and the International Criminal Court (ICC). This is fundamental because African countries formed the chunk of the support base at conception and supported its formation and operations to stem the tide of impunity that has been the bane of Africa’s development. This paper interrogates issues responsible for strained relationship between AU and ICC, and queries the resolution of African Union’s Heads of State and Governments not to cooperate with the ICC, especially the move for an alternative forum within Africa and outside the ICC. In examining these conundrum, the paper draws inspiration from perspectives expound in Makau Mutua’s Savages, Victims and Saviors: The Metaphor of Human Rights, and P.P. Ekeh’s Colonialism and the Two Publics in Africa: A Theoretical Statement. Mutua’s works generally questioned the origin of contemporary international human rights movement in light of its Eurocentric content, especially the proclivity to climb high moral platform of saviours to view other parts of the world either as savages or victims. On the other hand, Ekeh interrogates the narratives of postcolonial African elite and their metamorphoses. These metamorphosed African elites have conveniently congregated under the umbrella of the African Union to collectively challenge ICC’s mechanism for holding individuals criminally responsible for international crimes. This attitude must be constructed within Africa’s unique historical configuration in colonialism and the decolonisation processes. It is crucial because it gives insight into the insistence and persistence for an expanded jurisdiction of the African Court of Justice and Human Rights. The paper submits that instead of grandstanding, Africa must eschew violence, strengthen national criminal justice system that guarantees transparency and accountability. Africa must demonstrate its readiness through viable, credible, legitimate and institutionalised mechanisms for the investigation, prosecution and punishment of perpetrators of international crimes.