R2P, the International Criminal Court and the Prevention of Mass Atrocities in Africa

The policy brief examines South Africa's transition from a human-rights-led foreign policy to a more pragmatic approach that views the R2P doctrine and the ICC with suspicion. It details the evolution of R2P and the ICC, the factors leading to African disillusionment—including the 2011 Libyan crisis and perceived ICC bias—and argues that South Africa must engage constructively with these mechanisms rather than rejecting them to maintain its international and continental influence.

• The Responsibility to Protect (R2P) doctrine recasts state sovereignty as a 'responsibility', meaning that when a state is unable or unwilling to protect its population from serious harm, the international community has a responsibility to prevent, react, and rebuild.
• Military intervention under R2P is ideally authorized by the UN Security Council and must meet six specific criteria: just cause, right intention, last resort, legitimate authority, proportionality, and reasonable prospect of success.
• South Africa's support for R2P declined following the 2011 Libyan crisis, where its vote in favour of Resolution 1973 sanctioned a NATO bombing campaign that was seen as undermining African Union (AU) diplomatic initiatives.
• Relations between the International Criminal Court (ICC) and African states have soured due to a perceived bias against African leaders, exemplified by warrants and indictments against Omar al-Bashir, Uhuru Kenyatta, William Ruto, and Muammar Gaddafi.
• The African Union has sought alternatives to the ICC, such as the Malabo Protocol, which proposes a third chamber for the African Court of Justice and Human Rights to handle certain international crimes.
• South Africa's foreign policy has shifted from the moral imperative of human rights established under Nelson Mandela toward a pragmatic approach that balances 'African solutions to African problems' with its ambitions as a member of BRICS.

APA

Abraham, G. (2015). R2P, the International Criminal Court and the Prevention of Mass Atrocities in Africa. South African Institute of International Affairs. https://saiia.org.za/wp-content/uploads/2015/04/Policy-Briefing-132.pdf

Chicago

Abraham, Garth. R2P, the International Criminal Court and the Prevention of Mass Atrocities in Africa. South African Institute of International Affairs, 2015. https://saiia.org.za/wp-content/uploads/2015/04/Policy-Briefing-132.pdf.

Wikipedia

{{cite report |last1=Abraham |first1=Garth |title=R2P, the International Criminal Court and the Prevention of Mass Atrocities in Africa |publisher=South African Institute of International Affairs |date=March 2015 |url=https://saiia.org.za/wp-content/uploads/2015/04/Policy-Briefing-132.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{abraham2015r2p, author = {Abraham, Garth}, title = {{R2P, the International Criminal Court and the Prevention of Mass Atrocities in Africa}}, institution = {South African Institute of International Affairs}, year = {2015}, month = mar, url = {https://saiia.org.za/wp-content/uploads/2015/04/Policy-Briefing-132.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }