ICC doing the job of failed African judiciary

Following the indictment in March of Sudan’s President Omal al-Bashir by the International Criminal Court, and the fact that the rest of the court’s cases involve crimes committed by Africans, one wonders how “international” the ICC is.

The court has been “taken” over by Africans.

The ICC currently, is either carrying out investigations or has already attained an advanced stage in certain procedures for situations in four African countries. 

Only one of these, the Darfur situation, was not initiated by the government of the country itself.

The ICC became involved in the three other situations — northern Uganda, Democratic Republic of Congo and Central African Republic — on the invitation of the authorities of those countries, who themselves now drag their feet in assisting the court to complete its mission. 

Darfur was referred to the court by the UN Security Council.

Should Africans and the African Union have an alternative to the International Criminal Court? 

To find answer, ask yourself whether there are even five African countries with judicial systems that can try grievous crimes fairly and equitably through an effective court structure. 

What continental judicial institution currently exists that can effectively try those accused of wrongdoing?

The ICC is a court of last resort. Its treaty provides that the Court will not interfere with the judicial system of any country if the country is able and willing to try equitably those accused of grievous crimes. 

The Congolese warlord, Lubanga Dyilo, for example, would not be tried at the ICC if the judicial system of the Democratic Republic of Congo were capable of handling such alleged criminals fairly.

The ICC has not replaced viable national efforts. Rather, it helps attain justice where other options are not possible.

If anything, it has probably reduced the number of ad hoc international tribunals that would have been created to address crimes in Africa had the ICC not been established.

African governments are infamous for waiting until things deteriorate completely and then blaming the United Nations, Europe, or the United States for non-intervention.

For instance, Guinea, Guinea Bissau, Kenya, Madagascar, Mauritania, Rwanda, Somalia, and Zimbabwe are all current situations that have either already deteriorated or are currently being allowed to deteriorate.