The International Criminal Court’s Involvement with Africa: Evaluation of a Fractious Relationship

Abstract

This article examines the International Criminal Court’s (ICC) role in relation to international crimes allegedly committed in Africa; it considers the difficulties and obstacles that the ICC has encountered in securing the co-operation of not only States Parties but also of non-States Parties which, in certain instances, are mandated to assist it; and it analyses the acrimonious relationship that has arisen between the African Union (AU), the Continent’s political and security organisation, and the ICC. Thus far, the two most significant sources of antagonism between the ICC and Africa have been the arrest warrants against President al-Bashir of Sudan in relation to the situation in Darfur, and the crimes against humanity allegedly perpetrated during Kenya’s post-election violence in 2007–2008. Finally, the article examines the continuing attempts by African States to amend Article 16 of the Rome Statute.