CASE STUDIES ON DOMESTIC IMPLEMENTATION OF THE ICC STATUTE IN SELECTED AFRICAN COUNTRIES

This report by the Institute for Security Studies (ISS) examines the domestic implementation of the Rome Statute in five African countries: Botswana, Ghana, Kenya, Tanzania, and Uganda. It finds that while these states ratified the statute, none had enacted implementing legislation by early 2008, leaving them unable to fully respond to International Criminal Court (ICC) requests for arrest and surrender or to prosecute international crimes domestically. The report identifies systemic barriers, including a lack of political priority, capacity shortfalls in legal drafting, and concerns over official immunities.

• None of the five selected countries (Botswana, Ghana, Kenya, Tanzania, and Uganda) had implemented domestic measures to fulfill Rome Statute obligations by the time of the study, meaning they were unable to respond on a clear, prescribed lawful basis to ICC requests for arrest and surrender.
• The primary barrier to implementation is that ending impunity for international crimes is not viewed as a high priority by political leadership in the studied countries.
• Common obstacles to implementation include a lack of awareness among officials and the judiciary, capacity shortfalls in over-stretched justice systems, and the distraction of elections or constitutional reform processes.
• Political and constitutional concerns regarding the immunity of Heads of State under Article 27 of the Rome Statute act as a significant deterrent to passing implementing legislation.
• In Botswana, no implementing legislation has been drafted, and the government has not reported to treaty monitoring bodies, such as the African Commission on Human and Peoples’ Rights, regarding the African Charter on Human and Peoples’ Rights.
• Ghana has a draft ICC Bill under Cabinet consideration, but progress has slowed due to concerns over immunities and the influence of the 'Charles Taylor experience' regarding the immunity of former heads of state.
• Kenya possesses a comprehensive draft International Crimes Bill from 2005, but it has not been enacted due to the priority given to constitutional reform and the political instability following the December 2007 elections.
• Tanzania has not commenced the drafting of an implementing Bill, with some officials perceiving the ICC as a 'Western priority' and believing the court is more relevant for countries like the DRC or Rwanda.
• Uganda has a draft ICC Bill from 2004, but its passage is hindered by the tension between 'justice' and 'peace' regarding the Lord's Resistance Army (LRA) peace talks in Juba.
• Despite the lack of formal legislation, some countries like Uganda have managed to co-operate with the ICC through administrative and bilateral agreements.
• The report recommends that the African Union (AU) play a larger role in building support for the ICC and that a targeted African campaign be launched to increase ratification and implementation.

APA

du Plessis, M., Ford, J., Stone, L., & Musila, G. (2008). CASE STUDIES ON DOMESTIC IMPLEMENTATION OF THE ICC STATUTE IN SELECTED AFRICAN COUNTRIES. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/MONO141FULL.PDF

Chicago

du Plessis, Max, Jolyon Ford, Lee Stone, and Godfrey Musila. CASE STUDIES ON DOMESTIC IMPLEMENTATION OF THE ICC STATUTE IN SELECTED AFRICAN COUNTRIES. Institute for Security Studies, 2008. https://issafrica.s3.amazonaws.com/site/uploads/MONO141FULL.PDF.

Wikipedia

{{cite report |last1=du Plessis |first1=Max |last2=Ford |first2=Jolyon |last3=Stone |first3=Lee |last4=Musila |first4=Godfrey |title=CASE STUDIES ON DOMESTIC IMPLEMENTATION OF THE ICC STATUTE IN SELECTED AFRICAN COUNTRIES |publisher=Institute for Security Studies |date=March 2008 |url=https://issafrica.s3.amazonaws.com/site/uploads/MONO141FULL.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{duplessis2008case, author = {du Plessis, Max and Ford, Jolyon and Stone, Lee and Musila, Godfrey}, title = {{CASE STUDIES ON DOMESTIC IMPLEMENTATION OF THE ICC STATUTE IN SELECTED AFRICAN COUNTRIES}}, institution = {Institute for Security Studies}, year = {2008}, month = mar, url = {https://issafrica.s3.amazonaws.com/site/uploads/MONO141FULL.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }