THE INTERNATIONAL CRIMINAL COURT AND AFRICA: TRANSCENDING CLEAVAGES TO ACHIEVE COMMON GOALS

The document analyzes the deteriorating relationship between the International Criminal Court (ICC) and the African Union (AU), specifically focusing on the politicization of the court through UN Security Council referrals in Sudan and Libya. It argues that the AU's preference for political stability and peace-building often clashes with the ICC's judicial mandate. To resolve this, the author suggests a shift toward 'positive complementarity' and the use of hybrid courts, citing the Extraordinary African Chambers (EAC) in Senegal as a successful model for bringing justice closer to victims and respecting state sovereignty while combating impunity.

• In January 2017, the African Union (AU) reached a consensus on a strategy for mass withdrawal from the International Criminal Court (ICC), though the author notes this is a non-binding strategy and a collective withdrawal has "no basis in international law".
• The relationship between the AU and ICC was severely strained by UN Security Council (UNSC) referrals of situations in Sudan (2005) and Libya (2011), which reinforced perceptions that the court serves Western interests and is subject to the political whims of the UNSC's permanent members.
• There is a fundamental tension between the ICC's judicial priority of holding perpetrators accountable and the AU's political priority of achieving peace and security through mediation, as seen in the case of Omar al-Bashir.
• The AU has attempted to create its own regional justice mechanisms, such as the Malabo Protocol to extend the jurisdiction of the African Court of Justice and Human and Peoples Rights (ACJHPR) to international crimes, but these have failed to enter into force due to a lack of ratifications.
• Hybrid courts, such as the Extraordinary African Chambers (EAC) in Senegal, provide a viable alternative to the ICC by combining international norms with domestic legislation and local personnel, which increases their legitimacy and accessibility to victims.
• The trial of Hissène Habré via the EAC is highlighted as a major success for civilian-led initiatives and victims' rights, resulting in a life sentence and approximately $145.2 million in reparations for 7,396 victims.

APA

RONDREUX, M. (2017). THE INTERNATIONAL CRIMINAL COURT AND AFRICA: TRANSCENDING CLEAVAGES TO ACHIEVE COMMON GOALS. South African Institute of International Affairs. https://saiia.org.za/wp-content/uploads/2017/12/Occasional-Paper-274.pdf

Chicago

RONDREUX, MÉLANIE. THE INTERNATIONAL CRIMINAL COURT AND AFRICA: TRANSCENDING CLEAVAGES TO ACHIEVE COMMON GOALS. South African Institute of International Affairs, 2017. https://saiia.org.za/wp-content/uploads/2017/12/Occasional-Paper-274.pdf.

Wikipedia

{{cite report |last1=RONDREUX |first1=MÉLANIE |title=THE INTERNATIONAL CRIMINAL COURT AND AFRICA: TRANSCENDING CLEAVAGES TO ACHIEVE COMMON GOALS |publisher=South African Institute of International Affairs |date=December 2017 |url=https://saiia.org.za/wp-content/uploads/2017/12/Occasional-Paper-274.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{rondreux2017international, author = {RONDREUX, MÉLANIE}, title = {{THE INTERNATIONAL CRIMINAL COURT AND AFRICA: TRANSCENDING CLEAVAGES TO ACHIEVE COMMON GOALS}}, institution = {South African Institute of International Affairs}, year = {2017}, month = dec, url = {https://saiia.org.za/wp-content/uploads/2017/12/Occasional-Paper-274.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }