Discusses the role the ICC has played in the fight to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression worldwide. Analysing whether the ICC is 'racist', and what African nations can do to address the apparent inequalities. Presentation delivered at the African Heritage Studies Association Annual Conference, Howard University, DC, USA in November 2016

1. LOADED DICE: THE INTERVENTIONS OF
THE INTERNATIONAL CRIMINAL COURT IN
AFRICA
By Babatunde Ibidapo-Obe,
LLM

2. THE ICC:
STRUCTUR
E AND
MEMBERSH
IP
The International Criminal Court (ICC) is a
permanent international criminal court which was
founded in order to prosecute individuals for
genocide, crimes against humanity, war crimes, and
the crime of aggression. It is made up of:
1. the Presidency,
2. the Judicial Divisions,
3. the Office of the Prosecutor, and
4. the Registry.
There are currently 124 State parties to the
Rome Statue.

3. THE ICC: STRUCTURE AND MEMBERSHIP

4. HOW ARE CASES INSTITUTED?
 Referrals by a State Party – this is also known as self-referral.
 Referrals by the United Nations Security Council
 Authorisation by the Pre-Trial Chamber of the ICC asking the Office of the
Prosecutor based on information received from other sources – known as
proprio motu investigation
Preliminary examinations - 22 countries. 55% of them have been African
countries, 18% have been from Asia, 14% from Europe and 14% from South
America.
Investigations - 10 investigations. 9 of those have been African countries, and 1
from Europe – Georgia.

5. UNFAIR CRITICISMS?
Investigations

6. CRITICISMS AGAINST THE ICC
Destabilizing influence in African countries
The biggest criticism which the ICC has had in Africa, is that its activities are
more inimical to the development, peace, and stability of its countries rather
than as a positive force for good. This view exists mainly because of the effects
its interventions in Africa have had.
 UN Security Council, a body which isn’t subject to the ICC asking the ICC to
investigate other countries.
 ‘Justice’ over peace – Museveni and LRA
 Unduly influential in political process
 Desecrating the concept of immunity of Heads of States

7. CRITICISMS AGAINST THE ICC
Self-serving and over-politicized
 Used African countries to gain legitimacy because of fractured support, from
countries like the USA and China from inception.
 African countries made self-referrals either because of outside influence and
pressure, or the leaders of those countries attempted to use the ICC as a tool
to advance their own selfish political agendas.
 Over-politicization led to selective defendants e.g. LRA and Ugandan army,
and selective offences e.g. Thomas Lubanga charges carefully chosen so as
not to implicate any foreign governments

8. THE WAY FORWARD AND THE ROLE OF
AFRICANS
A New Face
The ICC appointed a new Prosecutor to head the Office of the Prosecutor – Fatou
Bensouda in 2012
We need to move beyond the position of clamoring for change, but in taking
active steps in making change happen, whether it be from within the ICC or
from outside it. Therefore, the strides which Bensouda has made need to be
applauded and emulated.

9. THE WAY FORWARD AND THE ROLE OF
AFRICANS
Strengthening National Courts
Principle of complementarity - If a case is being investigated or prosecuted by a
State which has jurisdiction over it, unless the State is unwilling or unable to
genuinely carry out the investigation or prosecution, the case is inadmissible
before the ICC.
Therefore, African countries can begin to exercise jurisdiction against crimes
which would ordinarily be within the ambit of the ICC.
The task for African intellectuals and practitioners is to ensure that they build
worthy and credible institutions, where the people feel they can get justice.
Instead of feeling like justice can only be gotten from outsiders.

10. THE WAY FORWARD AND THE ROLE OF
AFRICANS
Strengthening Regional Institutions
The African Union in June 2014, by adopting the Protocol on Amendments to
the Protocol on the Statute of the African Court of Justice and Human Rights,
decided to expand the jurisdiction of the African Court of Justice and Human
Rights to encompass international and transnational crimes.
Although this move has been criticized of being a patently political move in
response to the misgivings of African leaders to the actions of the ICC, any move
by Africans to create indigenous solutions to their problems cannot be
disregarded entirely solely because of some underlying motives.

11. THE WAY FORWARD AND THE ROLE OF
AFRICANS
Political Accountability
Africans need to hold our leaders to account more. Africans need to ensure that
their leaders follow a strict process before the ICC can be invited to a situation
in their country. A process that is democratic, and ensures that the views of the
citizens of the country are taken into consideration, for example a referendum.
Specifically, academics must take the lead to educate citizens about the real
issues, away from the political rhetoric which is often thrown around by African
leaders (most times for their own selfish benefits), and ensure that the
information provided is what is relevant.

12. “If you don't like someone's story, write your
own.”
― Chinua Achebe