October 31, 2017

Bolstering Africa’s justice system with International Criminal Court

located:	Burundi, Gambia, South Africa, Kenya, Uganda, Zambia
editor:	Bob Koigi

The recent withdrawal of Burundi from the International Criminal Court, making it the first country in history, is spreading jitters over potentially similar moves by other African countries that have decried being unfairly targeted by the court.

Burundi's decision to leave, while in the middle of a bloody political crisis that has so far left over 2,000 people dead and more than 400,000 others fleeing to neighbouring countries, is a major blow to justice for the victims who have nowhere else to turn to. 

The crisis has seen torture, forceful disappearance, rape and murder, orchestrated by the highest apparatus in the land means that those aggrieved are at the mercy of their perpetrators – making access to justice a pipe dream.

It has been the trend across many African countries where the justice system is continuously corrupt and easily manipulated. With that in mind, the ICC has always played a pivotal role in being the crucial court of the last resort; stepping in when the national courts are unable to bring warlords to justice.

Countries like South Africa, Gambia, Kenya and Uganda, that have all previously threatened to withdraw from the Rome Statute, the formative law of the ICC, should be guided by the fact that it is only a formidable judicial system. The ICC operates under the scrutiny of global players, providing a viable path to justice for victims, while holding to account any culpable administration.

The will of the people under international law must also be respected, as was recently the case in Zambia. Public consultations to determine whether the country should withdraw from ICC indicated that 93% of the population wanted the country to remain a member.

In fact, the reason the African continent has the largest share of members at the apex court is because countries voluntarily agreed to be signatories to protect their people from any human rights violations. The plea to place welfare, interest and safety of the people first, while embracing the highest levels of commitment to the rule of law and accountability should continue being the continent’s guiding light in its respect for international human rights law.