The ICC and Africa: Should the Latter Remain Engaged?

The International Criminal Court (the ‘ICC’ or ‘the Court’ hereafter) and Africa have had a tumultuous relationship since the creation of the Court. Although there has never been unanimous support for the Court in Africa, African states were key to the development of the Court and engaged closely with it since its early years. Since 2005, however, there has been a growing discontent with the Court and deterioration in the relationship between the Court and the African Union. Despite this, a number of African states remain committed to the ICC. In 2017, the withdrawal notifications of South Africa and Gambia were retracted, whilst the ‘mass withdrawal strategy’ is in reality a list of proposed changes to the Court’s mandate, as this piece will show. For the relationship between Africa and the ICC to continue to evolve, there needs to be more effective discourse between African states and the ICC. In the long term, it is necessary for African states to strengthen their national judiciaries; there is also an option of expanding the jurisdiction of the African Court of Justice and Human Rights to international crimes. However, the best way forward is to continue to engage with the ICC.