The ICC Crisis in Africa: An Opportunity for the Philippines?

Abstract

In October 2016, Burundi, South Africa, and Gambia withdrew from the International Criminal Court (ICC), a decision believed to be rooted in the Court’s alleged bias against Africans. The ICC, thus far, has indicted 36 people – all of whom are Africans. Moreover, nine out of the ten investigations it is currently working on involve Africans. This has caused lingering doubt on the integrity of the judicial organization among Africans, with states such as Namibia and Uganda expressing their intent to pull out before and Kenya even proposing a mass withdrawal to the African Union. It is worth noting that the African bloc is the largest regional contingent, with 34 out of the 124 States Parties. Nevertheless, several countries continue to support the Court, such as Botswana, Côte d’Ivoire, Nigeria, Senegal and Tunisia. The change of leadership in Gambia earlier this year also called for a revocation of their withdrawal; while a judge in South Africa blocked the withdrawal and argued that it was unconstitutional. The differing opinions among Africans clearly signal an impending crisis for the ICC. Whether or not the Court is partial against Africans requires a whole different examination. The more apparent concern in this case is the problematic relationship of the ICC with many of African States Parties that may be another manifestation of the current trend of neoliberal institutions becoming weaker and less significant. There were also initiatives, however, of expanding the jurisdiction of the homegrown African Court of Justice and Human Rights to try international criminal cases, although this is yet to be adopted due to financial and structural constraints. Also, the diminishing influence of the ICC is sure to impact the global fight against impunity and upholding of human rights and international law.