ISS Roundtable Discussion on International Criminal Justice in Africa: Lessons from Southern and Eastern Africa, and Sudan
Date: 2008-12-08 to Invalid date
ISS Roundtable Discussion on International Criminal Justice in Africa: Lessons from Southern and Eastern Africa, and Sudan
Pretoria,
8 December 2008
Closed event - by invitation only
Hosted by the ISS International Crime in Africa Programme
Some states in Africa have recognised the threat that impunity poses to democracy, development and the rule of law, but it is increasingly clear that support for international criminal justice as a means to deal with the problem is tenuous on the continent. Although African countries were generally in favour of the ICC’s creation, only two (South Africa and Senegal) have passed domestic legislation in keeping with their obligations under the Statute. And although domestic implementation is an essential step, the negative stance taken by political leaders, some legal practitioners and the media in South Africa, shows that this alone does not translate into practical support for international justice. The obstacles to complying with international criminal justice obligations, whether in domestic courts or through the ICC, remain profound.
There are several reasons why African states are reluctant to tackle international crimes: lack of awareness about the importance of the Rome Statute and its technical requirements, capacity shortages, the absence of domestic pressure (from civil society in particular) to implement ICC laws, other government priorities, and political misgivings (particularly when peace processes or negotiations may be at stake). The primary barrier is that co-operation on international crimes does not have sufficient importance, relevance and priority.
Current events in Africa make it much less likely that states will accord international justice the priority it deserves. The recent decision by the ICC Prosecutor to indict the president of Sudan has reinforced concerns about the politics surrounding the work of the ICC. The controversy in Africa surrounding this decision has been well documented, and reflects a growing resentment towards the role of international justice on the continent. This sentiment has spread among political leaders, practitioners and civil society (including the media), despite Africa’s leading role in the development of international criminal justice mechanisms including the ICC and criminal tribunals. As a result, international criminal justice in Africa is facing a legitimacy crisis.
Enquiries: Ms Antoinette Louw, Tel: +27 (0)12 3469500; Fax: +27 (0)86 6367999;
Email: [email protected]
Roundtable Documentation
