African States Should Adopt a Positive Approach to the ICC at the AU Summit

This statement by the Institute for Security Studies argues that African Union (AU) member states should adopt a positive approach toward the International Criminal Court (ICC) during the 17th Ordinary Session of Heads of State. The author contends that while some states express misgivings about the court's focus on Africa, the ICC remains a vital tool for ending impunity where national systems fail, and that AU decisions shielding leaders from arrest undermine the international rule of law.

• The author argues that the African Union should move away from blanket declarations of non-cooperation with the ICC, as such positions hinder the goals of ending impunity and establishing sustainable peace on the continent. The text suggests that the AU's efforts to extend criminal jurisdiction to the African Court of Justice and Human Rights should not be viewed as a replacement for the ICC's role.
• The document highlights a tension between AU decisions and the international obligations of ICC state parties. Specifically, it notes that Kenya, Chad, and Djibouti failed to meet their obligations by hosting Sudanese President Omer Hassan Al-Bashir, using AU instructions as justification to avoid his arrest and surrender.
• The author challenges the claim that arresting sitting leaders disrupts peace processes, noting that the Darfur peace talks have not produced a peace document despite Omer Hassan Al-Bashir evading arrest since 2009. Conversely, the text suggests that pursuing justice can have positive effects, such as delegitimising dictators or acting as a deterrent against atrocities.
• A group of 125 civil society organisations provided specific recommendations for African states at the AU summit, including supporting the ICC, pursuing justice for crimes in Kenya and Darfur, cooperating in the prosecution of crimes in Libya, and ensuring a merit-based selection for the next ICC prosecutor.

APA

Sibalukhulu, N. (2011). African States Should Adopt a Positive Approach to the ICC at the AU Summit. Institute for Security Studies. https://issafrica.org/iss-today/african-states-should-adopt-a-positive-approach-to-the-icc-at-the-au-summit

Chicago

Sibalukhulu, Nompumelelo. African States Should Adopt a Positive Approach to the ICC at the AU Summit. Institute for Security Studies, 2011. https://issafrica.org/iss-today/african-states-should-adopt-a-positive-approach-to-the-icc-at-the-au-summit.

Wikipedia

{{cite press release |last1=Sibalukhulu |first1=Nompumelelo |title=African States Should Adopt a Positive Approach to the ICC at the AU Summit |publisher=Institute for Security Studies |date=30 June 2011 |url=https://issafrica.org/iss-today/african-states-should-adopt-a-positive-approach-to-the-icc-at-the-au-summit |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{sibalukhulu2011african, author = {Sibalukhulu, Nompumelelo}, title = {{African States Should Adopt a Positive Approach to the ICC at the AU Summit}}, publisher = {Institute for Security Studies}, year = {2011}, month = jun, url = {https://issafrica.org/iss-today/african-states-should-adopt-a-positive-approach-to-the-icc-at-the-au-summit}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }