Abstract
Abstract The International Criminal Court (ICC) is the first permanent international court mandated to prosecute individuals “for the gravest crimes of concern to the international community”—genocide, war crimes, crimes against humanity, and, more recently, also the crime of aggression—when individual states are unwilling, or unable, to prosecute. The United States contested the ICC since the adoption of the Rome Statute in 1998. Since the mid-2000s, the African Union and several African states have also challenged the ICC’s validity and application. These challenges culminated in threats and even notifications of withdrawal by African states. Cooperation with the ICC is decreasing and non-compliance is less criticized, weakening the duty to prosecute, at least on the African continent. This can be attributed to African states’ perception that their critique has not been recognized by the international community and that they have been betrayed by the court and the United Nations Security Council.
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