Argument: ACC could destabilize Africa

Depending on how the treaty is drawn up, an African Criminal Court could be open to abuse. If it has too broad powers, it could lead to political trials thanks to judges following orders from their domestic governments, and complaints to it by governments in diplomatic spats rather than actually resolving serious international criminal law crimes.

The same disputes that exist now within the ICC over issues such as interference with national sovereignty could just be replicated on a smaller scale – but rather than resembling a failure of any international body, it would be a regional body and lead to greater problems. If the ICC indicts a leader there is anger at the international community, if an ACC does the same there is a split in the AU.

Candidate 1: "If it is a damp squib, so be it – other international organizations have fallen in to disuse – UN institutions that only exist on paper such as the Trusteeship Council are not doing any harm and there would be the fallback of returning to the ICC if things go wrong."
Candidate 2: "By being a court for the African continent by the African continent, there will not be room for allegations of imperialism and/or racism that already exist against the International Criminal Court.

In addition, the African states that are members of the International Criminal Court have chosen to do so – it is not a violation of state sovereignty for a state to voluntarily sign a treaty even if that treaty restricts the actions of future governments."
Candidate 3: "An African Criminal Court instead of African ICC membership would not lead to impunity – just more local courts. The principle of complementarity, allowing national courts to take appropriate action – is already enshrined in the ICC. In a particularly bad case, the UN Security Council could still refer a situation to the ICC.

Running an African Criminal Court in tandem with the ICC would allow another layer of regional justice to bring the Nuremberg precedent – leaders held criminally responsible for criminal actions – in to fruition in Africa."
Candidate 4: "Peace is cheaper than war – however much a court case costs, in both human lives and money, it is better for there to be a trial.

Even if it is more expensive, justice is priceless – it is not something that can be subjected to cost-benefit analyses or bean counting.

The reason why Western countries fund the ICC is not some form of imperialism – simply a desire for global peace, justice and security so they would likely be willing to keep paying much of the cost."

If it is a damp squib, so be it – other international organizations have fallen in to disuse – UN institutions that only exist on paper such as the Trusteeship Council are not doing any harm and there would be the fallback of returning to the ICC if things go wrong.
