This essay will discuss the successes and challenges faced by the International Criminal Court (ICC) in prosecuting human rights violations cases in Africa. The ICC has been recently put under the spotlight by the African Union when it called for non-cooperation by its member states not to comply with the warrant of arrests that had been issued by the ICC against some of the leaders in Africa. This has created difficulties when it comes to prosecution of international crimes. The Court is also facing allegations of being Anti African. This mini dissertation will further look at some of the major cases that have been prosecuted in the ICC against African leaders. Furthermore, this mini dissertation will examine the obligations of states to cooperate with the ICC and the issue of state immunity from prosecution. The African Union has accused the ICC of targeting African leaders and for being inconsistent with how the ICC deals with alleged human rights violations.
2.1 Problem Statement
The non-cooperation and non-compliance of African state parties to arrest and hand over accused individuals to the ICC.
2.2 Aims/ objectives of the study
This mini dissertation aims to assess the effectiveness of the ICC in prosecuting African leaders who have alleged to have committed international crimes. It also aims to analyse the emerging role played by the International Criminal Court in Africa when it comes to prosecuting crimes in the continent. This mini dissertation will examine the successes and challenges that have been encountered by the ICC in prosecuting crimes since 2002. It will also assess the jurisdictional powers of the ICC in successfully prosecuting these crimes, analysing immunity of state officials in the prosecution of international crimes and commenting on the accusations levelled against the Court.
3 Background of the study
The International Criminal Court was created by the Rome Statute of the International Criminal Court. The Rome Statute came into operation in July 2002. It is governed by the Rome Statute as the first permanent international court which is treaty based. Up to date, out of 122 state parties to the Rome Statute, 34 of them are African states. Article 1of the Rome Statute of the International Criminal Court states that the ICC has the power to exercise its jurisdiction over persons for the most serious crimes of international concern. The functions and powers of the ICC to prosecute come into play when state parties cannot or are unwilling to prosecute accused persons. The ICC has jurisdiction only in relation to crimes that were committed after its inception in 2002. Article 13 provides for the ICC’s exercise of jurisdiction which includes the following: a state party referring a situation to the prosecutor, referral of a situation by the Security Council, and where the prosecutor initiates an investigation on his own initiative.
This mini dissertation seeks to analyse the...