Abstract
Just like the churning of milk brings forth butter, the same could be said that the African Union (AU) debacle with the International Criminal Court (ICC) led to the creation of the African Criminal Court (ACC). Despite the initial support of the ICC by the AU and it state members during the creation process, the indictment of mostly senior serving African state officials by ICC when it came into force resulted in a devastating and tense relationship between the AU and the ICC. The creation of the ACC therefore was fast tacked by this unfriendly relationship between the AU and the ICC. This article argued that despite the tense relationship, harmonization of certain organs of the ACC and the ICC is necessary in the fight against impunity for the most serious crimes of international concern. In this regard, I examined the legality and legitimacy of the ACC and maintained that despite the immunity provision, it legality is consistent with international law, and accordingly, that the ACC is not the African panacea with respect to the fight against impunity for serious international crimes. Consequently, since the ACC and the ICC shared jurisdictions for the most serious crimes of international concern, harmonization of the ACC and the ICC through complementarity and cooperation will result in the formation of an undefeated tag team to fight against impunity for the most serious crimes affecting the international community.
Highlights
The African Criminal Court (ACC) which was established in 2014 by the African Union (AU) through a protocol was conceived many years ago. [1] this ACC which has not yet come into force was created 16 years after its conception in 1998, and on that same year the Rome Conference was held resulting in the creation of the International Criminal Court (ICC)
Since more than 90 percent of the cases referred to the jurisdiction of the Court were from the African continent and the suspects were senior African state officials protected by international immunities, [3] the AU has accused the ICC for targeting only African states officials since its creation even though this allegation has not yet been proven
Even though the ACC jurisdiction entertains partly crimes which concerns the African continent and AU state members, [63] there is need for cooperation with other international criminal court like the ICC to enhance the fight against impunity for serious international crimes in the continent and globally
Summary
The ACC which was established in 2014 by the AU through a protocol was conceived many years ago. [1] this ACC which has not yet come into force was created 16 years after its conception in 1998, and on that same year the Rome Conference was held resulting in the creation of the ICC. The AU dissatisfaction with the ICC with regard to prosecution of senior serving state officials in the continent, [10] and the work of the ICC’s OTP over the Darfur crisis leading to the indictment of President Al Bashir fast-tracked the plans for the creation of a criminal chamber to the African Court of Justice and Human and People’s Right (ACJHPR) This alone was the turning point in the Africa-ICC relationship and the peak of the AU debacle with the ICC despite the fact African state participated actively in the creation of the ICC.
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