Centrum Stosunków Międzynarodowych - 28 October 2016: African group encourages countries to remain in ICC

The African Group for Justice and Accountability (AGJA) express its concern about plans of some African countries to withdraw from the International Criminal Court (ICC). The group -made up of lawyers, prosecutors, judges, academics and human rights activists – postulate reconsideration of the aforementioned decision addressing this plea to countries’ authorities. Burundi was the first country that declared will to resign from the membership in the ICC last week. They have been strongly criticizing the statement made by the court's prosecutor who wanted to open an investigation against the government. Burundi decision was followed by South Africa and Gambia.

The International Criminal Court was established by the « Rome Statute » Treaty and has its headquarter in Hague. It has been accused of unreasonable targeting African countries in a majority of prosecutions. Recent decisions raise a fear that it is just a beginning of a new wave of an exodus.

AGJA was set up in order to overcome this kind of disaccords. The main aim is to promote and consolidate (sometimes establish) strong bonds between the international court and African leaders. AGJA points out that continuous series of withdrawals would cause huge problems in executing victims’ right to justice. It would be even more difficult to require from authorities (especially in non-democratic states) respecting human rights and prevailing over mass atrocities. There are some problems already with a cooperation within states including non-member important players such as the United States.

A consensus seems to be hardly impossible in a current situation. Gambia names The ICC « court for people of color » referring to its alleged discriminatory policy. The prosecutors riposte that African leaders notoriously cover-up crimes. Gambia raises the issue of ignoring crimes committed by the Western countries. Gambia has been calling for punishing the European leaders to account for their attitude toward refugees who try to reach Italian and Greek shores.