The Contention Between Africa And The International Criminal Court Withdrawals Justification And Impacts On The Court

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The International Criminal Court (ICC) is the first permanent treaty based international criminal court,rngoverned by the Rome Statute, established in 2002, intended to end impunity for the perpetrators of thernmost serious crimes of international concern: the Crimes of Genocide, Crimes against Humanity, WarrnCrimes and the Crime of Aggression.rnThe Role of African States and Civil Society Organizations in the formation of the ICC were so great andrnthey contributed much to the preparations leading up to the diplomatic conference in Rome at which thernStatute of the ICC was concluded. Over the years, however, the relation between the Court and Africarnchanged and African states positions shifted from support to the ICC to hostility resulting in accusationsrnof selective justice against Africa.rnHowever, various complaints have been directed against the Court from within Africa: complaining thatrnthe ICC is a hegemonic tool of western powers which is not independent and it is an institution targetingrnor discriminating against Africa focusing only on Africa that undermining African efforts to solve itsrnproblems. As a result, the AU has adopted a hostile stance toward the Court and has called for itsrnmember states to implement a policy of noncooperation with the ICC.rnWith this in mind the paper critically examines the contention between African States and the ICC, thernreasons for African states withdrawal and its viability and impact upon the Court, primarily by examiningrnAfrica’s contribution to the creation of the ICC and by assessing the current state of play of Africa andrnICC relationship. Then, the paper will examine the justifications invoked by African states to withdrawrnfrom ICC and analyse wether the allegations are justifiable. The research also examined the legalrnframework of withdrawal from ICC and the possible impact of the calling for withdrawal by Africanrnstates.rnBased on this analysis this paper concludes indicating possible ways to ease the growing tension betweenrnAfrica and ICC and recommending possible course of actions to be followed by African States and thernICC that it is important for all the stakeholders in the justice process to look at the fight against impunityrnas their main objective and withdrawing from the Court is a loss for the victims of grave crimes and forrnthe Court itself. Also, mass withdrawal from the ICC will hurt Africans more than the ICC because withrnthe highest incidence of systemic and human rights violations globally, Africa, more than any otherrncontinent, needs the ICC.rnKey words: Africa, ICC, Withdrawal

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The Contention Between Africa And The International Criminal Court Withdrawals Justification And Impacts On The Court

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