Withdrawal of African States from the ICC: The Future of Human Rights Protection and Court System in Africa

Mohamed, Bilal (2018) Withdrawal of African States from the ICC: The Future of Human Rights Protection and Court System in Africa. Masters thesis, The Open University of Tanzania.

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Abstract

The International Criminal Court (ICC) is the first permanent international court which was established purposely for prosecutions of responsible persons on genocide, crimes against humanity and war crimes. The ICC in its operation has a significant role in protection of human rights. The fundamental human values such as right to life and liberty, freedom from torture and inhumane treatment are the ones frequently violated in context of war and armed conflicts. Africa, which has not escaped from such atrocities, has 34 signatories to the Rome Statute, the treaty that creates the ICC. Several African leaders have been prosecuted, summoned, or hunted for arrest by the ICC, the reason which brought into being the notion that ICC targets only African leaders. Several African states with the backup of African Union (AU) started to pull out from the court on the basis that the court targets only African leaders. States like South Africa and Burundi has already decided to withdraw from the Court. African States resorted to a solution that African Court on Human and Peoples’ Rights to be vested with criminal jurisdiction as alternative of withdrawal from ICC. Taking into account such motion of African States, this dissertation highlights on the justification African States to withdraw from the Court, the future of fundamental human rights protection in Africa, and the ability of Regional Courts (the present one and the proposed one to be established) to replace the role of ICC. The fact that ICC targets only African leaders is a sham; the real debate by African States is on complentarity and universal jurisdiction, powers of United Nations Security Council, and immunity of seating heads of states. Withdrawal from ICC and extending the jurisdiction of African Court is not the better answer toward human rights challenges facing the continent rather the Assembly of State Parties is the best forum where the contradictions between African States and ICC can be resolved.

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