THE AFRICAN UNION POSITION ON THE INTERNATIONAL CRIMINAL COURT AND ITS IMPLICATIONS FOR HUMAN RIGHTS, AND CONSTITUTIONALISM

Abstract

This paper evaluates the position of the African Union on the operations of the International Criminal Court (ICC), particularly the perception that the ICC dispenses selective justice. Using the doctrinal research methodology, which entails the evaluation of existing empirical studies, the researcher examined the relationship between the African nations represented by the African Union (AU) from the standpoints of both the jurisdiction and treaty obligations that led to the disaffection between the AU member- states and the Court in an attempt to ascertain the veracity of the claim. It was observed that most of the cases filed before the ICC, with the exception of a few referred by the United Nations Security Council (UNSC), were actually initiated by the same African countries themselves, who now allege victimization and unfair targeting, and to be sure, conducted in accordance with the Rome Statute, including any proceedings against sitting heads of state.  It was concluded that although prima facie the International Criminal Court would appear to be targeting Africans, this claim is however not tenable upon a closer examination of the true state of facts, especially in view of the fact that the same African nations voluntarily acceded to the Rome Statute and indeed voluntarily referred most of the cases to the ICC for it to assume jurisdiction subject to a few exceptions. It was recommended, inter alia, that African nations should exercise caution before ratifying international treaties to avoid getting into treaty obligations that ultimately appear to have created inequality of bargaining standpoints; instead of trying to weaken the Court, it would be appropriate for both the African Union, the US, UK, China, Russia, and other major stakeholders to rectify any defects in the Rome Statute by engaging in a constructive dialogue by utilising  available legal channels. To achieve this, these major players have an urgent need to formally join and endorse the ICC Rome Statute.