Argument: African victims deserve ICC intervention to bring justice

At the most fundamental level, many of the world’s atrocities of recent times have occurred in Africa, where weak government and mass war are rampant. Taken per head of population Africa has the most conflicts of any continent and unlike Asia its most brutal conflicts have occurred in the last couple of decades. [1] As such, it is not surprising that a focus has existed in Africa from the ICC. That the ICC has not been as strong in other continents is not evidence of bias against Africa, rather that they have work to do in other areas. But the victims of atrocities in Africa deserve their perpetrators to be brought to justice. As such, Africa is not a ‘victim’ of the ICC, but the greatest beneficiary. Africa had the greatest desire and push for international assistance in obtaining justice, and are now receiving that. This simply shows that Africa is forging a path that other regions should follow in terms of its acceptance of international criminal law.

[1] Straus, Scott, ‘Wars do end! Changing patterns of political violence in sub-Saharan Africa’, African Affairs, 111/143, March 2012, pp.179-201, p.186

Candidate 1: "ICC is controlled by the Security Council

The ICC can only investigate situations that are referred to it by either the host country, or the Security Council [1] . A power also exists for the prosecutor to seek investigation, though this has as yet only been used twice. As such, most atrocities that occur across the world are shielded from prosecution because such a prosecution would be against the interests of a member Security Council. Leaders do not seem to be brought for investigation until they offend the west; Charles Taylor was not prosecuted until he had a falling out with the USA, despite their soft support for him in overthrowing the Doe regime [2] . Another case in point is Uganda where the Lord’s Resistance Army has been charged, but not the Pro-US government forces, despite evidence existing they have also committed crimes [3] . It is clear then that the ICC makes decisions by broad external factors, which biases it against Africa which does not have any countries on the UNSC or any patrons sitting on the council.

[1] States parties to Rome Statute, ‘Rome Statute of the International Criminal Court’, ICC, 2011

[2] ‘Charles Taylor – preacher, warlord, president’, BBC News, 13 July 2009

[3] ‘ICC, A Tool To Recolonise Africa’, African Business"
Candidate 2: "The point isn’t that the ICC has prosecuted in Africa; it’s that they have focused exclusively on Africa. This presents the rhetoric that Africa and Africans are somehow more violent and less moral then the rest of the world – or that Africans require more intervention than other places. This biases Africa again the rest of the world and marginalizes them in the international community."
Candidate 3: "Africa is overtly prosecuted

All of the twenty-four people currently indicted are African. Of the fifteen cases currently sitting before the court, all are African [1] . This in and of itself points to a large disparity between Africa and the rest of the world. It is also not at all true that Africa is the only place worthy of investigation – atrocities have occurred in the Middle East, Kosovo, Chechnya, Sri Lanka and North Korea, among others since the inception of the court. This is clearly because these other cases have powerful backers in the form of permanent Security Council members. The only conclusion to be drawn is that the ICC feels more comfortable targeting Africa then other regions where it is likely to run into opposition from powerful members of the international community.

[1] ‘Situations and cases’, International Criminal Court, accessed 13/2/2014"
Candidate 4: "While these countries referred themselves, they did under enormous pressure from the ICC. The Prosecutors chose to ‘follow closely’ African cases to the exclusion of others and then actively invited these countries to refer themselves, under threat of seeking prosecutions on their own if the country did not comply [1] . Self-referral under pressure does not show that the ICC is not biased against Africa rather it shows either that the ICC has been more interested in Africa than elsewhere, or that it has put more pressure on African states to self-refer.

[1] African Business"
Candidate 5: "ICC treats Africa differently

Africa and its leaders are treated far more contemptuously by the court. The prospect of prosecuting Barak Obama for the killing of civilians by drones which Amnesty International has suggested amount to war crimes [1] or George W. Bush for war crimes in Iraq and Afghanistan is remote – yet Omar Al-Bashir and Uhuru Kenyatta have both been indicted as sitting leaders. The ICC will only prosecute if those who have committed war crimes are not going to be prosecuted locally but this is as much the case for western leaders as African ones. This points clearly to the ICC proselytizing what is ‘right’ and ‘wrong’ to Africans but not to other leaders – treating these leaders less respectfully and blatantly undermining African nations sovereignty in a way they would not, or would dare not, for others.

[1] ‘USA must be held to account for drone killings in Pakistan’, Amnesty International, 22 October 2013"
Candidate 6: "That the ICC is investigating the conflicts that under some analyses may be the gravest within its jurisdiction does not mean it is not biased. Complementarity in itself shows bias; it allows countries that are considered more developed off the hook ensuring that the ICC will only look at the least developed. African states have signed up to the ICC but the result of their belief in international criminal justice has been that those who attempt to avoid international justice by not signing up to the statute have succeeded while those who accept some form of justice have been targeted."
Candidate 7: "One of strongest current criticisms of the African Union is that the ICC is ignoring its opinions. In particular, the AU has very strong views on the treatment of the Kenyan President and his deputy by the ICC in the Kenyan investigation, which the ICC has failed to engage with. Tanzanian President, Jakaya Kikwete, said 'The ICC continues to ignore repeated requests and appeals by the African Union' and this 'attitude has become a major handicap that fails to reconcile the court's secondary and complementary role in fighting impunity' [1] . This has led to African Union seriously considering leaving the union – not evidence of them being an important part of the process. Having Africans as a part of the ICC itself does not mean it listens to the African states that are parties to it.

[1] Dersso, Solomon, ‘Unplanned obsolescence: The ICC and the African Union’, AlJazeera, 11 October 2013"

The point isn’t that the ICC has prosecuted in Africa; it’s that they have focused exclusively on Africa. This presents the rhetoric that Africa and Africans are somehow more violent and less moral then the rest of the world – or that Africans require more intervention than other places. This biases Africa again the rest of the world and marginalizes them in the international community.
