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Africa and the ICC: a vexed relationship

– Africa backed ICC founding –

African states were early adopters of the Rome Statute that established the ICC, and around one-third of its member states are in Africa.

African states have also played key roles in facilitating the ICC cases.

Of the eight countries where ICC investigations are under way or arrest warrants issued, four – Central African Republic, Democratic Republic of Congo, Mali and Uganda – are ICC member states which invited the prosecution to open investigations.

The UN Security Council had requested the investigation in Darfur – leading to Bashir’s arrest warrants for war crimes and crimes against humanity in 2009 and for genocide in 2010 – and also in Libya.

Benin and Tanzania were among 11 countries that voted in favour of the Darfur referral in 2005 while Gabon, Nigeria and South Africa were among those that voted unanimously for the Libya referral in 2011.

In both Ivory Coast and Kenya the ICC itself opened the investigations. The government of Ivorian President Alassane Ouattara welcomed the probe and arrest of former leader Laurent Gbagbo in 2011. In Kenya the ICC stepped in after domestic investigations stalled. READ: War crimes court urges S.Africa to arrest Sudan president.

And now South Africa has responded to the ICC’s call and temporarily barred Bashir from leaving the country while scheduling a hearing on the arrest warrant against him.

The ICC however has faced criticism over its record so far. It has brought just two convictions, both against Congolese warlords. Another Congolese militia leader was acquitted while the case against Kenya President Kenyatta collapsed in December, although his deputy Ruto’s trial continues.

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Aware of the criticisms ICC Chief Prosecutor Fatou Bensouda, a Gambian lawyer, is proving less Africa-focused in her investigations than her predecessor, Argentinian Luis Moreno Ocampo.

Bensouda is conducting preliminary investigations into alleged crimes in Afghanistan, Colombia, Georgia, Honduras, Iraq, Palestine and Ukraine, as well as in Guinea and Nigeria.

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