International Criminal Court (ICC) Prosecution of Africans for War Crimes and Crimes Against Humanity: A Witch-Hunt?

Abstract:

Since the post-Cold War era began in 1991, several political leaders, government officials, high-ranking military officers, warlords and armed groups have initiated, planned, aided and abetted and, committed grave atrocities during armed conflicts, post-election violence, insurgency etc. In order to put an end to the evil culture of impunity in the new millennium, hold the perpetrators of international crimes accountable for their actions and, get justice for the victims of the crimes, The Hague-based International Criminal Court (ICC) was founded in 2002. Africa as a region presently has 33 State parties to the Rome Statute of the ICC, thus making it the largest bloc in the Court of 123 State parties. But no sooner had most African State parties supported the establishment and operations of the ICC than they stopped cooperating with it under the umbrella of the African Union (AU). The unabated hostility between the AU and the ICC centres on the indictment and prosecution of sitting African presidents which enjoy immunity based on customary international law and, the disproportionate indictment, prosecution, and conviction of Africans for war crimes and crimes against humanity. This paper critically examines the allegations by most African States parties to the Rome Statute that, the ICC has an African bias and that it pursues ‘selective justice’. The research methodology adopted for this study is the historical approach with the qualitative method of secondary data collection.