ICC & Africa Relation
Lack of Communication?
It was our Court …
❖The Role of African countries in the setting up of the ICC
❖African People need the ICC the most
❖The 1st Strategic Plan of the newly created AU under
President Alpha Oumar Konare suggested an universal
ratification of the ICC treaty
❖A Cooperation Agreement bet. AU & ICC was drafted
❖Africa still the geographical region the most represented in
❖Today 34 African countries are member of the ICC while only
30 joined the African Court of HR 20 years after ACHPR was
❖Malabo protocol: only one ratification (Guinee) after 2 years.
But then… What has
➢ Misunderstanding, Bad Faith or Instrumentalisation of
the ICC? --- Uganda?
➢ Strategic mistake? --- Sudan? --- the power of the
➢ Real intention of Justice… or justice the other? --- CAR
+ Cote d’Ivoire ?
➢ But we thought we, (Heads of State) should be treated
differently… Anyway they will not get any witness
➢ Justice and accountability only for the looser?... Cote
The Grievance of the African
Union on the ICC
➢ 8 out of 9 countries of ICC operations in Africa
➢ Similar crimes committed elsewhere… No ICC
actions: “selective justice” !
➢ UNSC ignored AU called to suspend cases against
Presidents Bashir and Kenyatta while it was easy
for American to protect their troop against the
➢ But… Has the AU gone too far by calling for a
collective withdrawal without ensuring an
➢ In fact: Is Africa really against the ICC? Which
Africa? The Africa of people or just a couple of
➢ The unprecedented record of 16 countries
reservations to the “collective withdrawal
plan” + Recent development in South Africa
➢ People's consultation in Zambia showed
massive support to the ICC
➢ In Brazzaville a big audience supported the
ICC on the 4th July public debate… when they
understood better the complementarity
It is all about the victims
➢ There are hundreds of thousands victims in Africa
➢ They were killed by Africans
➢ They have no other means to claim justice and
➢ Malabo Protocol giving criminal jurisdiction to the
ACHPR: An opportunity or a curse?
➢ We should not forget the deterrent effect of the
ICC. ICC does not cause conflicts, it rather makes
potential criminal think twice before acting… e.g.
Blaise Compaore was afraid of the ICC and gave up
power instead of shooting the crowd…
➢ I see hope ….
➢ Restoring trust: Beside technical interactions bet.
ICC and the AU --- What about a high level
dialogues to be catalyzed by progressive heads of
states + African eminent personalities ?
➢ The “withdrawal strategy” must be transformed to
a reform strategy driven by African Champions
within the ASP
➢ The prosecutor must communicate more on what
is happening on situations out of Africa --- Any
blockade or obstructions by whoever must be
denounced publicly ?
➢ We need to see more regular
consultation/meeting between ICC and the African
➢ Recent Brazzaville public debate: Complementarity
+ issue of independence of the court not well
understood. The Court is independent from the
Office of the Prosecutor
➢ Using the “Silencing the Gun by 2020” roadmap &
and the Agenda 2063 prerequisites. Gun cant be
silenced if there is no justice. If there is no justice
people only trust the guns !!!
➢ The role of the UNSC to be back in the debate –
Why not the UNGA be in charge? UNSC does not
represent everybody but the UNGA does…
Thank You !